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Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....Civil Appeal No. 185 of 2005). Not represented—Respondent Nos. 6-7. (In Civil Appeal No. 184 of 2005). Civil Appeal Nos. 184-185 of 2005. (From the judgment and order dated 4-1 -2005 passed by the High Court Division in Writ Petition No. 1463 of 2004). Judgm......ting, inter alia, that the Ministry of Housing and Public Works decided to sell out 374.31 metric tons of old iron and steel materials lying in the godowns in Sylhet PWD Zone. Accordingly, auction notices inviting quotations of 14 items of the aforesaid materials were published by the writ respo....... Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of the five items is ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....in QC, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents (In Criminal Appeal No. 6 of 2008). Criminal Appeal Nos. 5 & 6 of 2008. (From the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal Nos. 3742 and 4813 of 2007). ......D) 202 = 51 DLR (AD) 162. 46. These decisions declaring laws on bail is part of law of the land and should be read into all the special laws, in view of Article 111 of the Constitution. It may be noticed that in section 212 of the Government of the India Act 1935 the language used was, "judgment......een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....Zahirul Islam, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 2 & 4-19. Civil Appeal No.158 of 2002. (From the judgment and order dated 24-11-1988 passed by the High Court Division in Civil Revision No. 4520 of 1997). Jud......e ground that the dissolved committee having been validly dissolved on 13-1-1993 had no authority or competence to reappoint them on 12-11-1993. The learned Single Judge of the High Court Division noticed that although the defendants denied to have resigned from their post as teachers of the sai......gle Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Juni..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....ttorney General with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Criminal Appeal Nos. 24 & 25 of 1999. (From the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of 1999).......action accordingly. 4. The appellant and the others appeared in the said Criminal Miscellaneous Case through their respective learned Advocates and filed affidavit in reply to the suo moto notice issued by the High Court Division. The learned Judges of the High Court Division while heari...... December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Crim..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....mud, Senior Advocate (Rafiqul Islam Mia, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondent Criminal Appeal No.21 of 2003 (From the judgment and order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No.8896 of 2002)......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......07/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the learned Magistrate, Comilla alleging, inter alia, that he was a contractor and got a ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....nior Advocate, instructed by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not represented- Respondents. Civil Appeal No. 181 of 2002. (From the Judgment and Order dated April 26,1999 passed by the High Court Division in Civil Revision No. 2707 of 1995) J......ce arrived at the finding that defendant Nos.1-9's predecessor Abdul Hamid on the basis of the deed of re-conveyance got the land sold on July 26, 1960 re-conveyed in the year 1961.The trial court noticed the fact that in the deed (Ext.1 dated July 26,1960) whereby Abdul Hamid sold the land in s......on setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is th..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....or Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. ......ually equal to Respondent No.5. 7. We have held in the judgment sought to be reviewed that this claim is not legally sustainable. It may be mentioned the writ-petitioner having had the notice of the Recruitment Rules of 1980 (as amended in 1986) made Department and as per his qualifi......ioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1910 of 2002) Judgment: &..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....880, 1416-1420, 1390, 109, 1099, 1352-1357 of 2002, and 135-138, 289, 765, 868, 288, 620 of 2003 and 214-218 of 2004). Civil Appeal Nos.76 & 77 of 1994 (From the judgment and order dated 15th August 1994 passed by the High Court Division in Writ Petition No. 1104 and 1152 of 199......y;tiously raised tariff value without any , objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of Evidence Act, 1872 and should start with the presumption of re......te Ltd, 1994 PLD (SC) 363; Govt. of Province of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Kho..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....n-Record- For the Appellants. Sultan Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 68 of 2004 (From the Judgment and Order dated 12th November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001) ...... 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. ......reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, ..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....Lawyers Involved: Abu Sayeed, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... Not represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 360 of 2003). Judgment: &..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
.... by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 passed by the High Court Division in Civil Revision No. 3948 of 2002) ......he case holding by inheritance; his brother, the respondent No.2, by a sale deed dated 17.06.95 transferred the case land to the pre-emptee, the respondent No.1, a stranger to the case holding; on notice about the above sale dated 17.6.95 not being served upon the pre-emptor he was totally ignor......Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 pass..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ui, 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.) Jud......er in Khatian No. 1533. He transferred his share to respondent No. 2 by a deed of gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.06.1980 without statutory notice to the pre-emptor. The pre-emptor became a co-sharer of the disputed holding by purchas......holding by purchase by kabala dated 23.05.1972. The pre-emptor first came to know of the kabala sought to be pre-empted 2nd Jaistha, 1388 B.S. when the labourers of pre-emptee went to the case land for cultivation. The pre-emptor, thereafter, took certified copy of the kabala and filed by t..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated 14-12-2000 passed by the Administrative Tribunal in Appeal No. 51 of 1998). Judgment: ...... 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. ......as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....fia Khatun, Advocate-on-Record— For the Appellants. AKM Shahidul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No.135 of 2004 (From the judgment and order dated 23rd March, 2002 passed by the High Court Division in Writ Petition No.1265 of 2000) J......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......rt 5,600 sheets of Standard Hard Board, B Grade, from Thailand @ US$ 2.01 per sheet totaling C& F value US$ 11,256.00; that on arrival of goods at the Chittagong Port respondent's clearing and forwarding agent submitted Bill of Entry on February 28, 2000 for assessment of the duties and taxe..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
.... Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by the High Court Division in Second Appeal No. 205 of 1979). Judgment......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. ...... Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by t..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....Senior Advocate (Probir Neogi, Advocate with him) instructed by Ahsanullah Patwary, Advocate-on-Record— For the Respondents Civil Appeal No. 582 of 2001 (From the judgment and order dated 17-8-2000 passed by the High Court Division in Civil Revision No. 2363 of 1998). Judgm......statement within two months. 2. The appellant, as plaintiff, filed the above suit seeking declaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated 2-9-97 asking him to show cause as to why he shall not be dismissed from service is al......as obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....-ul Alam, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (In Civil Appeal No. 34 of 1997). Civil Appeal No. 40 of 2000 (From the judgment and order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). and Civil......ment decided to disinvest these two industrial units by giving 51% and 49% shares of the said two companies to the said corporation respondent No.3 and the general public respectively. Upon sending a notice of demand of justice on 21-6-1987 the appellants challenged the impugned memo dated 27-5-1987......d order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). Judgment Amirul Kabir Chowdhury J. - At the instance of Arif A Shekha and nine others Civil Petition for Leave to Appeal No. 99 of 1998 was preferred against the judgment and order dated 20 July 1994 p..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-13. Civil Appeal No. 8 of 2003. (From the Judgment and Order dated July 17, 2002 passed by the High Court Division in Civil Revision No. 876 of 2002). Ju...... such, plaintiff did not pursue the matter of preventing the High School from admitting girls, that in 2001 the High School circulated leaflets for admitting girls from Class VI to X and having had noticed the said fact the School requested the Head Master of the High School not to admit girls i......) allowing the same and thereupon setting aside the judgment and order dated January 18, 2001 of the Court of Assistant Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining th..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....y Nurul Islam Bhuiyan, Advocate-on-Record— For Respondent No.1. Not represented— Respondent Nos.2 & 3. Civil Appeal No. 161 of 2005. (From the judgment and order dated 12-8-2003 passed by the Administrative Appellant Tribunal in AAT Appeal No.147 of 2003). ......o which he submitted a written statement in his defence denying the allegations and then he was asked to remain present personally on 29-2-2000 for personal hearing and thereafter second show cause notice was served upon him proposing major penalty to which he again submitted his reply pleading ......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 copies of documents. It was further alleged that he tampered with his desig..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....)—For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent. Civil Appeal No. 14 of 1986. (From the Judgment and Order dated 14th September, 1984 passed by the High Court Division, Dhaka in Civil Revision No. 287 of 1......w taken by the High Court Division was not justified in law. 7. Mr. Asrarul Hossain, learned Counsel for the respondent reiterated his submission which found favour with the High Court Division as noticed above. Mr. Hossain also submitted that the suit having been decreed on admission, the whol......the decree being silent as to further interest or any interest, it must be held under section 34(2) CPC that the court has refused such interest. The view taken by the High Court Division cannot therefore be supported. Thus the appeal is allowed and the appellants pay an amount of tk. 2000/- to the ..Category: Banking Law | Date: | Hits: 134
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