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Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....q, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-9. Civil Appeal No. 38 of 1998 (From the judgment and order dated 3rd September, 1997 passed by the High Court Division in Writ Petition No. 914 of 1994). ...... High Court Division committed an error of law in holding that the impugned order dated 24.11.93 is arbitrary and discriminatory. He next submits that the High Court Division failed to notice that by no principle of service jurisprudence, a period out of service resulting from vol......way, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad ..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....al Appeal Nos. 3-5 of 1996). Not represented- the Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996. (From the judgment & order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision Nos.88-90 o......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......inal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.1..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....owdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. B. Hossain, Advocate-on-Record-For Respondent No. 2. Criminal Appeal No. 12 of 2003 (From the judgment & order dated 25.06.2002 passed by the High Court Division in Criminal Miscellaneous case No. 5518 of 2001......10.02.2001 but the cheques being bounced he again presented the cheques on 25.02.2001 but still the cheques were returned unpaid on 26.02.2001 and then the complainant demanded the money sending a notice dated 10.03.2001 giving the accused 15 days time to make the payment but still no payme......ch other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15,000,00/- and that the complainant presented the cheques o..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....Farooq Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte-the Respondent. Criminal Appeal No. 2 of 2002 (From the Judgment and Order dated February 23, 1997 passed by the High Court Division in Criminal Jail Appeal No. 2089 of 1992...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......on with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under section 19 (a) and (f) of the Arms Act and sentencing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
....Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. Criminal Appeal No. 8 of 2000 (From the Judgment and order dated July 15, 1999 passed by the High Court Division Criminal Appeal No. 2256 of 1995). Jud......ishad member, Khair Uddin called him and told him that wheat's stored in Dahia Government Primary School were being removed and he and Khair Uddin proceeded for Dahia Government Primary School and noticed the boat with 18 sacks of wheat on the south of Dahia Government Primary School and they no......, in short, are that on December 2, 1988 the chairman of No. 2 Dahia Union Parishad because of his illness authorized accused Azizur Rahman, member of ward No. 2 to lift 15.62 metric tons of wheat for distribution amongst the VGF card holders, the said accused Azizur Rahman lifted the wheat..Category: Criminal Law | Date: | Hits: 49
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
...., Senior Advocate, instructed by Md. Ahsanullah Patwery, Advocate-on-Record-For the Appellants. Ex-parte- the Respondent. Criminal Appeal No. 3 of 2002 (From the Judgment and Order dated 14.08.2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001) Judgment ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......dure, 1898 (Act No. V of 1898); section 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....cate, instructed by S. R. Khoshnabish, Advocate-on-Record-For Respondents Nos. 1-9. Not represented-Respondent No. 10. Civil Appeal No.163 of 2000. (From the judgment and order dated 18.5.1999 passed by the High Court Division in F. A. No.74 of 1998). Judgment &...... the High Court Division. He further submits that plaintiffs witnesses having admitted that the suit land was an agricultural land even in 1995 High Court division acted illegally relying on notice of the City corporation to hold that suit property is a building and on the gazette notif......e died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people hav..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....ocate, instructed by A/tab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented- Respondent No. 2. Civil Appeal No. 24 of 1999. (From the judgment & order dated 12 November, 1998 passed by the High Court Division in Administrative Tribunal Appeal No. 20......f 1979), herein after in short the ordinance of 1979, was initiated on 10th November, 1990 by the Secretary of the Ministry of LGRD and co operatives. The respondent No.1 replaced to the show cause notice denying the allegations made against him. Thereafter he was given personal hearing by the Se......was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was impleaded in the A.T case by name since there were certain allegations in the petition filed before the Administrative Tribunal by the respondent No. 1 Executive Engineer, Local Government Engi..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....nstructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 1991). ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......o the plaintiff on December 1, 1977. Plaintiff's Cases is that land in suit is of plot No.1063 (old plot No.1330) as des scribed in the 'kha' schedule. The plaintiff out of the said land has prayed for recovery of possession of 4½ decimals of land possessed by the defendant, responden..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....enior Advocate, instructed by S.R. Khaoshnabish, Advocate-on-Record-For the Appellants. Ex-parte- the Respondents. Civil Appeal No. 28 of 2000. (From the Judgment and order dated 29th May, 1997 passed by the High Court Division in Civil Revision No.157 of 1996). J...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......Civil Revision No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dispose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observations made there in setting aside the judgm..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). Judgmen......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......ding to this appeal are that the said wakf estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a new Managing committee was formed with the petitioner appellant as the member secretary of the committee. The wakf administrat..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....ider, Senior Advocate instructed by Md. Ataul Huq, Advocate-on-Record-For Respondent No.1. Ex parte- Respondent No. 2. Civil Appeal No. 72 of 1997. (From the judgment and order dated 18 March, 1997 passed by the High Court Division in First Appeal No. 166 of 1995). Jud...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ion by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Cha..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
....cate with him) instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129......1997 of the Ministry of Power. Fuel and Mineral Resources of the government of Bangladesh. 3. The High Court Division on consideration of the materials brought on record by the parties noticed that in the gradation list prepared in 1982 Respondent Nos.1-3 were placed above the a......ndent Nos. 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129 of 1999 [heard along with C.P. No. 52 of 1999]). Judgment ..Category: Employment/Service Law | Date: | Hits: 72
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
....pellant. Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent. Civil Appeal No. 91 of 1998. (Form the judgment & order dated 25.3.98 passed by the High Court Division in C.R. No. 2092 of 1992) Judgment &...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... No. 2092 of 1992) Judgment Mahmudul Amin Choudhury CJ.- This application is taken up for hearing to day but the Respondent filed an application praying for returning the plaint of..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....tab Hossain Advocate-on-Record-For Respondent No. 30 (added). Ex-parte-Respondent Nos. 3, 4, 9 11, 13,14, 16, 19. Civil Appeal No. 135 of 2001. (From the judgment & order dated 05.11.2000 passed by the High Court Division in Writ Petition No. 3036 of 2000). Judgm......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......s. 2. Short facts are that in the writ Petition Memo No. B-900/577 dated 16.05.2000 issued under the signature of respondent No.1. the Registrar of Trade Union declaring the committee formed under the leadership of Gazi Habibur Rahman and Md. Shafiqur Rahman respondent Nos. 5 and 6 ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
.... Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 50 of 2002. (From the Judgment and Order dated March 12, 2000 passed by the High Court Division in Writ Petition No. 4201 of 1998) Ju......et aside his order of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served notice demanding justice by way of setting aside the order of dismissal and for restoring him to h......Ruhul Amin J. - This appeal, by leave, is directed against the judgment and order dated March 12, 2000 of a Division Bench of the High Court Division in Writ Petition No. 4201 of 1998. By the aforesaid judgment the High Court Division made the Rule absolute. 2. The writ petition..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....he Appellant. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondents. Civil Appeal No.146 of 2002. (From the Judgment and order dated January 30.2001 passed by the High Court Division in Writ Petition No. 1468 of 2000) J......fargaon Municipality. The High Court Division made the Rule absolute upon holding "that the area of the petitioner has been curtailed without any allegation against him or any show cause notice was issued upon him". 2. Facts, in short, are that Respondent No.1 (writ petitio......or any show cause notice was issued upon him". 2. Facts, in short, are that Respondent No.1 (writ petitioner) was initially appointed temporary Nikah Registrar on August 31, 1976 for Union Nos.3-5 and 8 within Gafargaon Police Station and that he was permanently appointed as Ni..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
.... the Appellant. Adbul Malek, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Appeal Nos. 06 of 2000. (From the Judgment and order date 17.09.1998 passed by the High Court Divisk in Criminal Miscellaneous Case No.2608 of 1998). ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......Sahiduzzaman, in which he stated that accused Respondent No.2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the combined military Hospital. On the same day C.S. witness No.16 S. M..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....ional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of 1988 (Jess......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......nbsp; Mohammad Fazlul Karim J. - The accused respondent along with others were tried under section 396/412/34 of the Penal Code with allegations that on 1.10.1986 at about 8 P.M in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali we..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ed, Senior Advocate (Ozair Farooq, Senior Advocate with him) instructed by Md. Nowab Ali, Advocate-on-Record-For Respondent. Civil Appeal Nos. 43 of 2000. From the Judgment and order dated 31.5.1999 passed by the High Court Division in first Appeal No. 30 of 1999). Judgment ......s of the arbitration proceeding and also the date of award were without jurisdiction. 5. The learned Counsel for the petitioner next contends that the High Court Division has failed to notice that the learned Arbitrator did not afford adequate opportunity to the petitioner to pr......1994 of the Arbitrator Md. Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from..Category: Civil Law | Date: | Hits: 89
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