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Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of 1993) ......Additional Attorney General has found it difficult to disown that the Government had so far treated the respondent as a 'surplus public servant' under the Ordinance. It has already been noticed that he was absorbed as such by notification dated 18.1.1986. 14. The ...... was opposite party No. 3 in the original application, being aggrieved by the said concurrent decision, obtained leave to appeal from the same. 2. The respondent filed case No.129 of 1991 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunal Act, 1980..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....n, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For respondent No. 4. Ex parte-Respondent Nos. 1-3. Civil Appeal No. 106 of 1997 (From the Judgment and Order dated 3-6-97 passed by the High Court Division in Writ Petition No. 2042 of 1994) Judgment ......ding up to the 4 floor after investing huge amount of money respondent No.4 again objected to RAZUK against the sanctioning of the plan, whereupon without hearing the appellants and giving them any notice the Authorised Officer issued notice on 6-12-93 directing them to stop all further construc......against the judgment and order dated 3.6.97 passed by a Division Bench of the High Court Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....ain, Senior Advocate, Instructed by A.S.M. Khalequzzaman-For the Respondent No. 2. Not represented-Respondent No. 1. Civil Appeal No. 125 of 2002. (From the Judgment and Order dated 9.2.2002 passed by a Division Bench of the High Court Division in Writ Petition No. 3123 of 1......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......; Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Divis..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....r the Appellants. Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 49 of 2000. (From the Judgment and Order dated 31st March, 1998 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 1......present petitioner and the explanation submitted by him in response to the charge it is found that the allegation brought against the petitioner are fully proved. Nothing illegality has been noticed in the departmental proceeding. So the impugned order imposing penalty upon the petition......ondent denied both the charges. Thereafter an enquiry was held by A.F.M. Aminul Islam, the Subordinate Judge, who after enquiry found the respondent guilty of negligence of duty and corruption for not handing over the files of three special tribunal cases to his successor and also for not o..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
..... Abdur Razzak Khan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 29 of 2002. (From the judgment and order dated 1st March, 2001 passed by the High Court Division in Miscellaneous Case No. 1627 of 2001). ......s. 6. Mr. Abdur Razzak, the learned Additional Attorney General appearing for the respondent, frankly concedes that he finds it difficult to defend the conviction. However he brought to our notice sections 14 and 15of the Essential Commodities Control Order, 1981 and also the case of Niku......e judgment and order dated 1.3.2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1627 of 2001 filed under section 561A of the Code of Criminal Procedure rejecting the prayer for quashing the judgment and order dated 16.2.2000 passed by the learned Special Tribunal Judge, ..Category: Criminal Law | Date: | Hits: 70
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Review Petition No. 10 of 2003. (From the Judgment and order dated 19.07.2003 passed by the Appellate Division of the Supreme Court in Criminal Petition No. 108......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......bsp; MM Ruhul Amin J.- Petitioners are seeking review of the judgment dated 19.07.2003 passed by this Division dismissing the Criminal Petition for leave to Appeal No. 108 of 2003 which was filed challenging the judgment and order dated 24.03...Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....dvocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of 1996). ......espondents under the High Court Division Employees (Discipline and Appeal) Rules, 1983, the respondents submitted their replies on 27.07.1996 but immediately after receipt of reply to the notice to show cause the appellants in collusion with each other illegally and arbitrarily dismiss......vices by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dated 03.08.1996. The respondent Nos. 1 and 2 fil..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
.... Abdur Razaque Khan, Additional Attorney General, instructed by Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Appeal No. 222 of 2000. (From the Judgment and order dated 18 February 1999 passed by the High Court Division, Dhaka in First Appeal No.19 of 1998) ......On the contrary the deceased was debtor to the Bank. Therefore, that decision did not seem to de directly touching the point involved in the case before Calcutta High Court. 21. It was noticed by the Calcutta High Court that the Division in the case of Dina Nath v. Balkrishna relied ......ar of liberation they left Khulna town and during that time Haladhar Chandra Dey left gold ornaments, silver ornaments and bronze ornaments as described in annexure 'A', 'B' and 'C' to the petition for succession certificate in the iron safe in the shop. All these ornaments were taken ..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....: Sufia Khatun, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Civil Appeal No.181 of 2000. (From the judgment and order dated 20th July, 1999 passed by the High Court Division in Civil Revision No. 767 of 1997). ......sed the judgment and order sending the case back on remand to the trial court for fresh trial Court legally inasmuch as the trial Court did not comply with the order of remand and did not serve any notice to the plaintiff respondent to appear before that court and the Hon'ble High Court Division ......t Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Si..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment Md. Ruhul Amin J. - This petition for review has been filed against the judgment dated May 18, 2003 dismissing the Civil Appeal No. 77..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....tructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1 & 2. Not represented-Respondent Nos. 3-6. Civil Appeal No.13 of 1998. (From the judgment and order dated 13.08.1997 passed by the High Court Division in Civil Revision No.1490 of 1992.) Judgm...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......er dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-4 Civil Appeal No. 151 of 2000 (From Judgment and order dated o4. 11. 1999 passed by the Court Division in Appeal from Original Decree (F.A.) probate No. 2......e parties filed a compromise petition in the said First Appeal and the High Court Division granted the probate as was prayed for by the compromise petition and in the terms of the compromise. It s noticed that the appellant herein contested in the probate case in the original Court contending in......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was contesting in the said Probate C..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....ate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) Judgm......nt No.1 inducted defendant Nos. 2 and 3 as sub-tenants and stopped payment of rent from January 1994 and started House Rent Case No. 4 of 1994. the plaintiffs terminated the tenancy by serving notice under section 106 of the Transfer of Property Act effective from September 1994...... per agreement dated 01.08.1961 with Younus Ali, Sajeda Khatun and Mussamat Zaitun Nessa and one of the terms and conditions of the agreement was that in case of default in the payment of rent for three consecutive months the landlord would have the right to evict the tenant. Md. Younu..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....ructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Review Petition No. 31 of 2001 (From the Judgment and Order dated February 6, 2001 passed by the Appellate Division in Civil Petition For leave to Appeal No. 3......ary 6, 2001 dismissed the same making amongst others observation that PDB is not under obligation to issue the work order to the petitioner for the next phases in view of the resolution of the PDB noticed by the High Court Division and that it is the PDB who can question the direction given by t......; Judgment Md. Ruhul Amin J. - This petition by the writ respondent No.4-Petitioner is for review of the judgment and order dated February 6, 2001 dismissing the Civil Petition for leave..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
..... Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) Judgmen......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......; KM Hasan J.- This appeal arises against the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave petition ar..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
.... Senior Advocate, with Shafique Ahmed, senior Advocate, instructed by Md. Nowab Ali, Advocate- on-Record-For the Respondent. Civil Appeal No. 237 of 2001 (From the judgment and order dated 11-06-2000 passed by the High Court Division in Civil Revision No. 1365 of 1997) Judgm......t. 11. The whole argument of Mr. T. H., Khan is that entire land was not acquired in L.A. Case No. 13 of 1959-60 and the suit land was not acquired by the L.A. Case No. 71 of 1960-61 and no notice was served upon the plaintiff-respondent and in such view of the matter plaintiff respondent......the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government O..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....structed by Chowdhury Md. Zahangir, Advocate-on-Record-For respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Appeal No. 112 of 2002. (From the judgment and order dated 20th and 21st April, 2002 passed by the High Court Division in Election Petition No. 3 of 200......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Division on 20th and 21st April, 2002 in Election Petition No. 3 of 2001 dismissing the same on the ground of maintainability. 2. The appellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....-For the Appellants. Nikilesh Dutta, Advocate, instructed by AKM Shahidul Huq Advocate-on-Record-For the respondents. Civil Appeal No. 41 of 1997. (From the judgment and order dated 4th May, 1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3022 ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plai..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....he Appellants. Md. Sajjadul Huq, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Criminal Appeal No.15 of 1997. (From the judgment and order dated 26.02.1997 passed by the High Court division in Criminal Appeal No. 706 of 1996) Judgm......d by her husband for dowry and thereafter her husband left for London and she went back to her father's house at Sylhet for treatment. On his return from London her husband issued a legal notice claiming huge amount allegedly taken away by the informant from his house at Banani, Dhaka. ......al by leave is directed against the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an ap..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
....te, Instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Review Petition No.15 of 2002. (From the Judgment and Order dated 16th March, 1999 passed by the Appellate Division in Criminal Petition for leave to Appeal Nu...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Not represented- the Respondents. Criminal Review Petition No.15 of 2002. (From the Judgment and Order dated 16th March, 1999 passed by the Appellate Division in Criminal Petition for leave to Appeal Number 101 of 2000). Judgment ..Category: Criminal Law | Date: | Hits: 44
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