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Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....8.1995 passed by a Division Bench of the High Court Division in Criminal Revision No.90 of 1987 heard analo­gously with Criminal 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 Revi......evision No.90 of 1987 heard analo­gously with Criminal 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 t..

Category: Criminal Law | Date: | Hits: 40

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....iscellaneous case No. 5518 of 2001 under Section 561A of the Code of Criminal Procedure praying to quash the pro­ceeding and the High Court Division by the impugned judgment and order made the Rule absolute quashing the proceeding and hence is this appeals. 3. In support of the appeal,......e instance of the Complainant is against the judgment and order dated 25.06.2002 passed in Criminal Miscellaneous Case No.5518 of 2001 by a Division Bench of the High Court Division making the rule absolute thereby quashing the proceeding of petition case No. 515 of 2001 under Section 138 of the ..

Category: Business or Commercial Law | Date: | Hits: 138

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... against the judg­ment and order of the High Court Division the appellant alone has filed the appeal. 5. Leave was granted to consider the con­tention of the appellant that there was absolute­ly no evidence against him and it was also he contention of the appellant that accused..

Category: Criminal Law | Date: | Hits: 49

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

....bsp;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 Md. Ruhul Amin J. - This appeal by leave is against the judgm......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. ..

Category: Criminal Law | Date: | Hits: 109

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

.... the learned Assistant Judge, Lohagora, Narail and the suit was decreed ex parte on 26.02.1995. The respondent  Nos.1 and 2 being the defendants in the suit filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte decree on the basis of which...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ..

Category: Property Law | Date: | Hits: 25

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

....sued under the signature of the secretary, Basic democracies and Local govern­ment department of the then a Government of East Pakistan as per provision of East Pakistan Local Councils service Rules, 1968. The respondent No.1 as district Engineer served in different districts and lastly serv......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..

Category: Administrative Law | Date: | Hits: 95

Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)

....ns for leave to appeal have been filed against the judgment and order dated October 31, 2000 in writ petition Nos.1981 and 5690 of 1997. The High Court Division by the aforesaid judgment has made the Rule obtained in the writ petitions absolute and has thereupon directed the Customs Authority to det......ed against the judgment and order dated October 31, 2000 in writ petition Nos.1981 and 5690 of 1997. The High Court Division by the aforesaid judgment has made the Rule obtained in the writ petitions absolute and has thereupon directed the Customs Authority to determine the normal value of the impor..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

....li and Ishaque are fraudulent. 7. The defendant moved the High Court Division in revision jurisdiction. The High Court Division set aside the judgment of the appellate Court upon making the Rule absolute and restored the judgment and decree of the trial Court on the finding that plaintiff......d Ishaque are fraudulent. 7. The defendant moved the High Court Division in revision jurisdiction. The High Court Division set aside the judgment of the appellate Court upon making the Rule absolute and restored the judgment and decree of the trial Court on the finding that plaintiff did ..

Category: Property Law | Date: | Hits: 46

Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

....elf that all the relevance evidence has been substantially considered by the lower appellate Court and met all the reasons given in the judgment of the trial Court. The law as provided under Order 41 Rule 31 of the C.P.C. enjoins that the appellate court must given rea­sons whether affirming or rev...... Mohammad Fazlul Karim J.- This appeal by leave is directed against the judgment and order dated 29.05.1997 passed by the High Court Division in 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..

Category: Procedural Law | Date: | Hits: 76

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....nbsp;  Abu Sayeed Ahammed J.- This appeal is against the judgment and order dated 01,08.97 passed by a learned Single Judge of the High Court Division in Civil Revision 1866 of 1997 making the Rule absolute and setting aside the judgment and order dated 27.03.97 passed by the additional dis......  Abu Sayeed Ahammed J.- This appeal is against the judgment and order dated 01,08.97 passed by a learned Single Judge of the High Court Division in Civil Revision 1866 of 1997 making the Rule absolute and setting aside the judgment and order dated 27.03.97 passed by the additional district..

Category: Trust/Waqf Law | Date: | Hits: 200

Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)

....he aforesaid petitions for leave to appeal were filed against the judgment and order of October 25, 1998 by a Division Bench of the High Court Division in Writ Petition No. 7776 of 1997 making the Rule Nisi absolute. 2. The Respondent Nos.1-3 filed the afore­said writ petition challen......id petitions for leave to appeal were filed against the judgment and order of October 25, 1998 by a Division Bench of the High Court Division in Writ Petition No. 7776 of 1997 making the Rule Nisi absolute. 2. The Respondent Nos.1-3 filed the afore­said writ petition challenging ante ..

Category: Employment/Service Law | Date: | Hits: 72

Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)

....l Amin J.- This appeal by leave is directed against the judgment and order dated 05.11.2000 passed by a Division Bench of the High Court Division in writ petition No. 3036 of 2000 disposing of the Rule without costs. 2. Short facts are that in the writ Petition Memo No. B-900/577 dated 1......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. ..

Category: Labour and Industrial Law | Date: | Hits: 100

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....st 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 was filed questioning legality of the order dated March ......e 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 was filed questioning legality of the order dated March 27, 1..

Category: Employment/Service Law | Date: | Hits: 83

Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)

....p; Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated January 30, 2001 of a Division Bench of the High Court Division in writ petition No.1468 of 2000 making the Rule absolute and there­upon declared illegal the Memo, dated March 2, 2000 of the Ministry of......p;Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated January 30, 2001 of a Division Bench of the High Court Division in writ petition No.1468 of 2000 making the Rule absolute and there­upon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, ..

Category: Civil Law | Date: | Hits: 95

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

..... - This appeal by leave is directed against the judgment and order dated 17.09.1998 passed by a Division Bench of the High court Division in Criminal Miscellaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 199......his appeal by leave is directed against the judgment and order dated 17.09.1998 passed by a Division Bench of the High court Division in Criminal Miscellaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pen..

Category: Criminal Law | Date: | Hits: 35

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....he learned Subordinate Judge, 4th Court, Dhaka in Title Suit No.122 of 1998 making the award dated 3.11.1994 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 te...... proceeding Mr. Md. Moksudur Rahman was appointed and before whom also records were placed and the evidence led and he managed to   complete the proceeding with in three months. There is absolutely no material to show that the appellant raised objection before the Arbitrator on the gr..

Category: Civil Law | Date: | Hits: 89

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....- This appeal by the Government respondent appellant is from the judgment and order dated 20-6-96 passed by a Division Bench of the High Court Division in Writ Petition No. 1312 of 1993 making the Rule Nisi absolute. 2. The predecessors of 13 writ petitioner respondents were owners of 11.......eal by the Government respondent appellant is from the judgment and order dated 20-6-96 passed by a Division Bench of the High Court Division in Writ Petition No. 1312 of 1993 making the Rule Nisi absolute. 2. The predecessors of 13 writ petitioner respondents were owners of 11.34 acres o..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149....... Kazi Ebadul Hoque J.- These two appeals by leave arise from judgment and order dated 25.3.1998 passed by a Division Bench of the High Court Division in Writ Petition No. 4127 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed l..

Category: Tenancy Law | Date: | Hits: 148

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....der of removal of service, with rev­ocation of the said order of removal the respon­dent ought to have been elevated to the position he would have occupied had he not been removed from service. The Rule of extra-ordi­nary leave has no manner of application in his case. During the period of his re......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ..

Category: Administrative Law | Date: | Hits: 138

Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)

....p; Mahmudul Amin Choudhury CJ. - This appeal by leave is against judgment and order dated 18.2.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 689 of 1995 making the Rule Absolute. 2. The short fact leading to this petition is that the Writ petitioner respon......se before the Administrative Tribunal which was the appropriate forum the writ petition filed by him not being maintainable the judges of the High Court Division erred in law in making the rule absolute when the Administrative Tribunal has the juris­diction to examine the constitutionali..

Category: Administrative Law | Date: | Hits: 95