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State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......e, we are of the view that no prima facie case was made out against the respondent in the First Information Report and the District Anti-Corruption Officer, Gazipur without examining the necessary papers of the authority (IPSA) specially bill No.4 dated 29.10.1994 lodged the first information re...... M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment January 17, ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......tements and documents in support of their respective claims. Both parties also made their oral submission. Respondent Nos. 2-7 as Arbitrator after examining witnesses and considering necessary papers and documents passed the award on 30.8.1986. The award was executed and registered and ......t Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad S......ppointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties who duly appeared and submitted their written statements and documents in support of their respective claims. Both parties also made their oral submission...Category: Property Law | Date: | Hits: 41
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......the learned Counsel for the petitioner and Mr. Mushfiqur Rahman, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers. 5. Mr. Mahmudul submits that Bangladesh Biman Corporation was made a party in place ......orporation & another………..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Reco...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: .......Zahir the learned Counsel for the petitioners and Mr. Akter Imam, the learned Counsel for respondent No. 1 in both the cases and perused the judgment of the High Court Division and other connected papers. 10. Dr. Zahir submits that the High Court Division erred in not deciding the title of th...... Ed. This Case is also Reported in: ...... No. 5 in respect of the allotment of aforesaid 1,24,000 shares in due course but the respondent No. 6 illegally made an endorsement in its official record to the effect that for want of supporting documents the return has been cancelled and that the fact of purchase of aforesaid 1,24,000 shares h..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......ty Attorneys General for the appellants and Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for respondent Nos. 1-3 and perused the judgment of the High Court Division and other connected papers. 10. The High Court Division by the impugned order dated 15.01.2001, i.e. the order a......-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ......nal Sadar, Sirajgonj District-Sirajgonj for cancelling the result of the election of Ward No.6, 7 of Mesura Union Parishad under Police Station and District-Sirajganj after recounting of the ballot papers and to declare him as a member in place of declared candidate stating, inter alia, that elec......slam & others……………..........Respondents Judgement March 16, 2006. Lawyers Involved: Shamsul Huda, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Subrata Saha, Advocate (appeared with ...... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... that is long after 18 years of registration of exchange deed in favour of the plaintiff in India. All the courts further held that the plaintiffs could not show the P.W.1 went to India at the relevant time as he said he had no passport at that time. His contention is that he travelled Indi......arim, the learned Counsel for the appellants and Mr. A.K.M. Shahidul Huq, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property originally belonged to Kali Das Na......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......ed to consider the submission that the High Court Division failed to exercise jurisdiction in not holding that the lower appellate court committed error of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into ev..Category: Property Law | Date: | Hits: 59
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......n) as presiding officer for conducting the election of the managing committee of the Madrasha scheduled to be held on 10.09.2002 and that there being required minimum number of nomination papers filed for formation of managing committee the presiding officer submitted a formal...... M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....f the High Court Division, we find that the learned Judges of the High Court Division having discussed and considered the case of the parties in proper perspective and in consideration of the relevant provision of law rightly decided the case. We are fully in agreement with the finding......0-2003. The petitioner submitted nomination paper for the post of Chairman of the Managing Committee along with 3 other candidates. After scrutiny, the election committee found the nomination papers of the candidates for the post to be valid and a date was fixed for filing objection appeal ...... Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....in short the company, carries on business, inter alia, of manufacturing and marketing of beverage products having established a modern factory in Gazipur and after taking necessary licence from the relevant authority of the Government produced, "malt beverage" and the company markets its products ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......ion (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. Senakalyan Bhaban (12th Floor) ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... the project and by letter dated 25.11.2002 informed the office of the Chief Accountant of the Ministry of Agriculture about the Government sanction and that there has been amendment in the project papers on the basis of which the respondents (i.e. present petitioners) would have absolute right ......iz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police Station Mohammadpur, District-Dhaka and others…………………………&hell......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......made the Rule absolute. 4. We have heard Mr. A. S. M. Khalequzzaman, the learned advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. By the proposed amendment the plaintiff added a prayer for declaration of title i...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md.Tafazzul Islam J Noor Uddin ...............................Petitioner Vs. Alimuddin and others………….........Respondents Judgment August 22, 20......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....5 leave is granted to consider the following grounds: The petitioners are allowed to add additional grounds as under:- "Because the Bangladesh Public Service Commission after perusal of relevant papers and documents issued interview cards to all the suitable candidates including the w......s granted to consider the following grounds: The petitioners are allowed to add additional grounds as under:- "Because the Bangladesh Public Service Commission after perusal of relevant papers and documents issued interview cards to all the suitable candidates including the writ peti&......ourt Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by t......o consider the following grounds: The petitioners are allowed to add additional grounds as under:- "Because the Bangladesh Public Service Commission after perusal of relevant papers and documents issued interview cards to all the suitable candidates including the writ petitioners..Category: Employment/Service Law | Date: | Hits: 86
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......on against the defendants. The other contention of the learned Counsel for the Respondent No.l that no formal notice was issued for derequisition of the land is also of no merit since from the papers i.e. Annexure-A (RAJUK'S letter dated 22.10.2001 addressed to the appellant No.l) and Annexu......There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......and the Rule was made absolute as noticed earlier. 5. We have heard Mr. Ziaul Hasan, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division found that the inquiry against the respondent was held in his......an, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). ......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......ury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 Case......from Thailand and arrived at Dhaka ICD (Inland Container Depot), Kamalapur, Dhaka in the last week of June,1996 and was awaiting customs clearance; that the petitioner took delivery of the shipping documents after making payment to the bank on 30-6-1996 through its C & F Agents, Messrs Azad T..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....at thereafter Mir Baksha Miah received further amount of Taka 560 as advance and made further construction, that it was the stipulation that Taka 560 would be adjusted against the rent which at the relevant time was Taka 35 and that after adjustment of the advanced amount by May, 1960, the month......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......o. 4 in both the petitions and Mr Syed Mofizur Rahman, the leaned Advocate for respondent Nos.2 and 3 in CP No. 1382 of 2004 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the petitioner and respondent No.4 were appointed by (An......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ellant in CA No. 62 of 2004) by the respondent No. 5 of the writ petition on 12-10-2000. 5. We have heard Mr. Faruque Ahmed, the learned Advocate for the petitioner and perused the connected papers. 6. The learned Advocated submitted that since the Ministry of Land has released the ......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... my brother Mr. Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover where law of the land provides for sentence of death in respect of certain offenc......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213