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Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....l has submitted that the Conciliation Courts Ordinance having specially provided in sec 3(1) that, notwithstanding anything contained in the Code of Civil Procedure, 1908, all cases falling under the relevant part of the schedule shall be referred to conciliation under the Ordinance and that no Civi......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......orted in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....h the jurisdiction of the Supreme Court conferred upon it by the Constitution can be taken away, it is necessary to refer to the Proclamations under which the Regulation has been enacted. The relevant Proclamations are three in number. 7. The first Proclamation, dated August 20, 1975,......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ...... Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. D......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......71 of 3. We have heard Mr. Sk Murshed, the learned Advocate (appearing with the leave of the Court) for the petitioner and perused the judgment of the High Court Division and other connected papers on record. 4. It appears that the learned Magistrate rejected the naraji petition an...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Taher and others.........................Petitioners Vs. Md. Abdul Kuddus and others…...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......asking, re-instatement of for respondent No. 8. 3. We have heard Mr. Sarwar Ahmed, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers on record. 4. It appears that the Board of Secondary and Higher Education Jessore has cond......(Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: Sarwar Ahmed......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ourt Division committed an error of law by holding that in granting the sanction under Rule 19(T) of the EPR the status of the writ petitioner has been given importance. 28. He submitted that the relevant authorities have provided approval under Rule 19(T) for the application of the provisions o......ral and Mr. Rafique-ul-Huq and Mr. Ajmalul Hossain, learned Counsels appearing for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 35. It appears that the Rule was issued by the High Court Division upon the re...... Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respond......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....d under the proviso to Article 48(3) of the Constitution and the said advice thereunder is immune from enquiry by any Court. 7. Mr. Attorney-General further submitted with reference to the relevant provision of Article 37 of 1956 Constitution of the Islamic Republic of Pakistan and Artic......thers..................Respondents Judgment March 18, 2008. The Evidence Act, 1872 (I of 1872), Sections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is privileged and of possi...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsu......for the opinion of the Chief Justice so far as it relates to the writ petitioners…………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the Court, the Court must give decision on the..Category: Constitutional Law | Date: | Hits: 124
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......d Additional Attorney-General for the appellant and Mr. ASM Khalequzzaman, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The learned Additional Attorney-General submits that the writ petition......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Collector of Customs, Customs House Chittagong and others ................. Appellants Vs. AKM Salauddin .......................der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ned judgment and considered the arguments and the materials on record. The points raised and argued by the learned Counsels for the appellants have a good deal of force. In terms of clause 9 of the relevant Tender Notice the writ respondent Government was not obliged to accept the bid of the wri......of 2005 and Mr. Syed Amirul Islam, the learned Advocate for respondent No.1 in CA No. 184 of 2005 and for the respondents in CA No. 185 of 2005 and perused the impugned judgment and other connected papers. 7. The learned Counsels for the appellants strenuously argue the aforesaid po...... (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......ppeal. 12. We have heard Mr. Anisul Huq, learned Counsel and others appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. Mr. Anisul Huq, learned Counsel submits that the High Court Division erred......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......wzia Karim, the learned Advocate for the appellants and Mrs. Rabia Bhuiyan, the learned Counsel for respondent No. 3 and perused the impugned judgment of the High Court Division and other connected papers. 8. Mrs. Fawzia Karim, the learned Advocate for the appellants, submits that the l...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sarder Md. Hashim Zaman and others.........Appellants Vs. Thana Nirbahi Officer, Mithapukur, Rangpur and o......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....10 to 12 February, 1999 issued a suo moto Rule on 15.02.1999 under Section 561A of the Code of Criminal Procedure upon the appellant of Criminal Appeal No. 24 of 1999, who at the relevant time was General Secretary, Bangladesh Nationalist Party and others to show cause as to wh.......1999 11. By the said judgment and order dated 13.05.1999 the High Court Division after narrating the background in issuing Rule suo moto and taking note of the news appearing in daily newspapers summarized chapter VIII of the Penal Code and then interpreted Section 141 of the Code ......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………………&he......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
.... and the High Court Division concurred with the lower appellate Court. The facts and circumstances of the case and the materials on record provision of section 91 of the Evidence Act was in no way relevant for consideration or in other words provision of Section 91 of the Evidence Act had on man......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ......e any witness but they cross-examined the witnesses examined by the plaintiff and the defendant Nos.2 and 3 as well as by the defendant No. 10. Plaintiffs and defendant Nos. 2, 3 and 10 also filed documents in support of their respective claims. 7. The trial court on consideration of the ..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....y;vant file for perusal of the Court to show that the committee was in possession of any contemporaneous document to show the price in the international market of the particular import at the relevant time and has gone to submit even to the extent, that even if the respondents file some doc......055 of 1994 discharging the rules issued by the High Court Division challenging the fixation of tariff value by SRO No.214-Ain/93/1527/Shulka dated. 28.10.1993 in respect of imported cigarette papers of the size of 20"/30" and 15"/30" at US$ 1800 per metric ton treating t...... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi......;temporaneous document to show the price in the international market of the particular import at the relevant time and has gone to submit even to the extent, that even if the respondents file some documents or the file for perusal of the Court in support of the fixation of the tariff value,..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ....... Ed. ......oogi. The plaintiff filed the suit for declaration of title and recovery of possession and under the circumstances they could get a declaration of title against the defendant on the basis of their documents. The plaintiff having filed all the material documents showing the title to the suit..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......Harunur Rashid, the learned Advocate for the appellant and Mr. Hasan Faiz Siddiqui, the learned Advocate for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the pre-emptor is a co-sharer in the disputed holding. It is......aiz Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... appeal for current salary would have been filed. 7. We have heard Dr. M Zahir, the learned Counsel for the appellant, and perused the judgment of the High Court Division and other connected papers. It is not disputed that the appellant entered Government Service as Technical I......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nce. The leave petition is dismissed. Ed. ...... suit land from the defendant Nos.5 to 7 by different kabalas and have been in possession of the suit land. The defendants alleged that the plaintiff had manufactured some false and collusive documents and on the basis of those documents has filed this suit. 5. The trial Court decree..Category: Property Law | Date: | Hits: 35
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....esh Shilpa Rin Sangstha. The company was running an industry manufacturing fluorescent tube lights at Tejgaon Industrial Area through its appointed directors, managers, officers and executives at all relevant times. By notification No.186-61 dated 31-12-1971 passed under the Acting President's Order...... letter from the respondent No. 3 dated 30 December, 1981 (Annexure-X). It appears that the Secretary of the Bangladesh Steel and Engineering Corporation in the above letter, after examining relevant papers and records as available in connection with the prayer of appellant No. 1 Arif Abdullah Shekh......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......areholders have been rejected. Appellant No.1 filed further applications dated 23-2-1978 and 18-7-1978 on receipt of which the Ministry of Industries by memos dated 21-10-1978 and 31-8-1979 asked for documents in proof of nationality of the shareholders. In the meantime, Messrs Bella Artifitex Indus..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......temporary injunction is of no merit, since "in order to find out the prima facie case and the balance of convenience and inconvenience the appellate Court rightly took into consideration those papers. Furthermore, the defendant school has absolutely failed to give any plausible reason and s......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February 7, 2007. Lawyers In......was directed to join the said office and in default he stood released. But he did not join that office and further allegation was that he destroyed volume of record room and tampered with different documents and further he received bribe in the name of different officers for supplying certified c..Category: Administrative Law | Date: | Hits: 117