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Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....a Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by the High Court Division in Writ Petition No.1312 of 1993.) Judgmen...... compensation from the Government without any objection. In meanwhile, from the correspondences between the government and the requiring body it is palpably clear that the publication of the final notice in Gazette under Section 5 (7) of the said Act is in process. 10. In view of the fact......-13. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....-on-Record-Respondent Nos. 1-4 (In both the appeals). Not represented-Respondent Nos. 5-7 (In Civil Appeal No. 47 of 1999) Civil Appeal Nos. 46 & 47 of 1999. (From the Judgment and order dated 25.3.1998 passed by the High Court Division in Writ Petition No. 4127 of 1992). Judgment ......aid factory is situated was let out to the previous owners of the said factory as monthly eject able tenets and they are the owners of the land and structures standing thereon. 3. On 27.5.1981 a notice was published in the Daily Sangbad inviting tenders by 27.6.1981 for sale of the said propert......27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....nbsp;Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appellate Tribunal in Appeal Nos. 55 and 58 of 1995). ......ar as an Advocate, appeared in person with the leave of the court and refuted the aforesaid submissions of Mr. B. Hossain by referring profusely to a number of decisions most of which need not be noticed. 9. Mr. Shamsuddin Ahmed has provided us with a copy of the plaint in Title Suit No. 123 ......egal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said cas..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....eals). Ex-parte- the Respondents (In all appeals). Amicus Curiae-K. S. Nabi, Attorney General. Civil Appeal Nos. 6, 7, 8, 9 and 10 of 1995. (From the judgment and order dated 16.8.94 passed by the High Court Division in writ Petition Nos.1786, 1787 of 1790, 287, 660 o......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ...... on the date of opening of L/C was TK.150.00 per ream of 500 sheets in sheet size of the above description of cigarette paper as per S.R.O. No.144 dated 16.6.88. The tariff rate in respect of the aforementioned cigarette paper was increased to Tk. 200.00 per ream by S. R. O. No. 193 dated 15.6.8..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
....structed by B. Hossain, Advocate-on-Record-For Appellants. Sharifuddin Chaklader, Advocate-on-Record-For Respondent. Civil Appeal No. 109 of 1999. (From the Judgment and order dated 18.2.1997 passed by the High Court Division in Writ Petition No. 689 of 1995). Judgmen...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......act as Sub-Divisional Forest Officer. A gradation list was prepared and his position was numbered as 107 but he claimed that his position would be above 103 officers. Ultimately a list was prepared for promoting 12 officers in which the name of the petitioner did not find place. He made sev..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....l Huq, Advocate, instructed by Md. Nawab Ali, Advocate-on Record-Respondent No. 2. Ex-parte-Respondent Nos. 1, 3-5. Civil Appeal Nos. 95 of 1994. (From the Judgment and order dated 20.6.1994 passed by the High Court Division in Civil Revision No. 56 of 1992). Judgmen......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......s been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Cla..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....zak, Additional attorney General, instructed by B. Hossain, Advocate-on-Record-For the respondents (In all the appeals). Civil Appeal Nos.75-86 of 2002. (From the Judgment and order dated June 28, 2001 passed by the High Court Division in Writ petition No. 5756 of 2000 [heard alon...... of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the fundamental right guaranteed by article 42 of the consti......been allotted. It was also the case of the respondents No.1 that signatures appearing in the papers relating to the allotment were denied by the concerned officials upon affirming affidavit before the Notary Public. 5. At the time of hearing of the writ petitions it was submitte..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....yers Involved: Md. Amir Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 10. Civil Appeal No. 170 of 2000. (From the judgment and order dated 15.02.1999 passed by the High Court Division in Civil Revision No. 3023 of 1994.) Judg......dgment of court of appeal and ns such the judgment of the High Court Division is not a proper judgment of reversal and hence can not be maintained in law and that the High Court Division failed to notice that the trial court passed the decision on conjecture and surmise and inadmissible evidence...... 24.05.1992 passed by the learned Assistant Judge, Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respondent field Title Suit No. 263 of 1986 for declaration of title and confirmation of possession and for permanent injunction on the a..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....by, Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Amir Hossain, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 68 of 2000. From the Judgment and order dated 2nd March, 1998 passed by the High Court Division in Writ Petition No. 1845 of 1996.) ......e was seriousness from the side of the appellant to reduce the system loss and to increase revenue collection. The authority on receiving the report of the Enquiry officer issued second show cause notice on 20 November, 1994 annexing copy of the enquiry report asking the appellate to show cause......asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service Rule, 1982, hereinafter referred in brief as the rules, would not be taken against him for negligence of duties and misconduct due to his failure to attain the target with reared to rec..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....ts. Ahsanullah Patwary, Advocate-on-Record-For the Respondents No. 1. Not represented-Respondent Nos. 2-12. Civil Appeal No. 190 of 2000. (From the judgment and order dated 11th June 1998 passed by the High Court Division in Civil Revision No. 2588 of 1993). ......sor of the appellants by a deed of sale dated 12.3.1975. Further case of the respondent No.1 is that after completion of the registration of the said deed under section 60 of the Registration Act a notice under section 89 of the Date Acquisition and Tenancy Act was served on him on 28.1.1981 and......in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, th..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... Senior Advocate, instructed by Md. Aftab Hossain, Advocate-Record-For appellants. Not represented-the Respondent. Criminal Appeal No. 31 of 2000. (From the judgment and order dated 4.5.1999 passed by the High Court Division in Criminal Appeal No. 1933 of 1993) Judgme...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... upholding the conviction and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 convicting the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fine of Tk. 1,000/- each in defaul..Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....shy;sented-Respondents. (In Civil Petition No. 9 of 2001). Civil Appeal No. 54 of 2001. With Civil Petition for Leave to Appeal No.9 of 2001. (From the judgment and order dated 12.7.2000 passed by the High Court Division in Writ Petition No. 2314 of 1999) Judgmen......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ...... the Petitioners (In Civil Petition No. 9 of 2001). Not represented-Respondents. (In Civil Petition No. 9 of 2001). Civil Appeal No. 54 of 2001. With Civil Petition for Leave to Appeal No.9 of 2001. (From the judgment and order dated 12.7.2000 passed by the..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....puty Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- Respondents No. 1. Not Represented-Respondents No. 2. Criminal Appeal No.13 of 2001. (From the judgment and order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6858 ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......nd order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6858 of 2000). Judgment Mohammad Fazlul Karim J.- This appeal by at the instance of the informant appellant was to consider the submissions as to (i) whether the Court Division is competent ..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....ate 46 DLR (HC) page 630; Lawyers Involved: Md. Nowab Ali, Advocate-in-Record-For the appellant. Ex-parte-the respondent. Criminal Appeal No. 21 of 2001. (From the judgment and order dated 15.07.1999 passed by the High Court Division in Criminal Misc, Case No. 5980 of 1998). Judg......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......ial Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonment for o..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ocate, instructed by Md. Aftab Hossain, Advocate-on-Record-Respondent Nos. 2 to 27. Not represented-Respondent No. 1. Civil Appeal No. 29 of 1999 (From the judgment and order dated 25th March, 1998 passed by the High Court Division in First Appeal No. 206 of 1995). J...... the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declaration that notice date 29.12.1976 issued by the appellants namely Military Estate Officer, Dhaka Cantonment f......t fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declara&sh..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....s Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Not represented-For the Respondent. Criminal Appeal No. 11 of 1997. (From the Judgment and Order dated August 8, 1995 passed by the High Court Division Criminal Miscellaneous Case No. 2560 of 1995......quo;' on those do not prove that those bricks were removed from the brick-stack of the informant on November 2,1990. It was also submitted by the learned Counsel for the appellants that failure to notice the important piece of evidence i.e. Ext. 5 and consequent thereupon failure to notice ......f the Court of Magistrate, 2nd Class, Kushtia, passed in G.R. Case No. 269 of 1990 convicting the appellants under Section 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. ..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....r the Appellant. Sajjadul Huq, Advocate-on-Record-For Respondents No. 2. Not represented-Respondents No. 1. Criminal Appeal No. 31 of 1996. (From the Judgment and Order dated 21.1994 passed by the High Court Division in Criminal Revision No.1512 of 1992) Judgme......eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......te, Dinajpur passed in case No. 366 (c) of 1990 convicting the appellant under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 and sentencing him to suffer simple imprisonment for one year and also to a fine of Tk. 5,000/- in default to suffer 3 months simple imprisonment mo..Category: Criminal Law | Date: | Hits: 35
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....or the Appellant. Ataur Rahman Khan, Advocate-on-Record-For Respondent No. 1. Ex-parte- Respondent No. 2. Criminal Appeal No. 40 of 2001. (From the judgment and order dated 22.6.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 3325 of 1997).......mplainant. The cheque was dishonoured on 29.3.1997 6.4.1997 and 16.4.1997 by the concerned bank with the comment of not having sufficient fund in the account. The complainant sent a legal notice on 23.5.1997 asking the accused respondent to pay back the entire amount. The accused respon......d and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent is not the owner of the land. Therefore he asked the accused respondent to refund the entire money. Accordingly, on 25.3.1997 the accu..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....Md. Faisal H. Khan, Assistant Attorney General with him instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal No. 238 of 2001 (From the judgment and order dated 4.5.2000 passed by the High Court Division in Writ Petition No. 4559 of 1999). Judgmen......rrorist activities, the allegations so made was investigated by the officer-in-charge, Kotwali police Station and adverse report was submitted in respect of the appellant. Thereupon show cause notice was issued asking the appellant to submit his reply within 30 days from the date of receivin......4;মত/লাঃ/1(1)/13/99-397(66) dated 18.10.1999. 3. Subsequently, the appellant submitted repeated representations to the respondent No.1 the Deputy Commissioner, for return of his fire arms, live bullets along with valid licenses but without any result. Th..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....enior Advocate instructed by Waliul Islam, Advocate-on-Record-For Respondent No. 1. None represented-For Respondent No. Civil Appeal No. 33 of 2006. (From the judgment and order dated the 3rd day of August, 2004 passed by the High Court Division in Appeal from Original Decree...... back the same; that the suit land is private property of the plaintiff and had never been part of lake; that the defendant approved the plan in due course but subsequently, without giving any notice withdraw the same which is violative of the principle of natural justice; that as the suit l......nt District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not ..Category: Property Law | Date: | Hits: 40
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