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Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....-For the Appellant Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-3 Civil Appeal No. 127 of 2000 (From the Judgment and Order dated 09.08-1998 passed by the High Court Division, in Writ Petition No. 1659 of 1995). Judg......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......o pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administrative Tribunal and accordingly writ petition was held to be not maintainable. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....ed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High Court Division Criminal Appeal No. 473 of 2002) Judgement......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ...... Lawyers Involved: A. F. M. Mesbahuddin, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....shy;ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 1761 of 2001)......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ....... Lawyers Involved: M. A. Samad, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....ed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) Jud......idered and that if the evidence of the hostile witness fits in with the attending circumstances it may be accepted and considered along with other evidence. 14. In the instant case we have noticed that besides the witnesses declared as hostile the evidence of other witnesses clearly...... Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition For Leave to Appeal No. 177 of 2003 (From the Judgment and Order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001) ......petitioner which being presented to the bank had been returned to the respondent No.1 on 10.05.1999, 31.03.1999 and 20.06.1999 with the remark "not arranged for and insufficient fund" and, therefore, notice was served upon the accused but to no effect and hence the complaint petition was filed on 06......Division in Criminal Miscellaneous Case No. 8491 of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 1..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....olved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1634 of 2004)......ceived nor refused within sixty days of the receipt of the letter by the Government, such sanction shall be deemed to have been duly accorded. 7. In the instant case as, we have already noticed, a Final Report (True) was submitted by the investigating officer. The State having filed a......Respondents Judgment November 28, 2005. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) Judgment ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... petition is dismissed. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the H..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....tun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High Court Division in Death Reference No. 22 of 2000 with Jail Appe......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......volved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....vocate-on-Record-For the Petitioner Mvi Md. Wahidullah, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 136 of 2003 (From the Judgment and Order dated 18.6.2003 passed by the High Court Division in Criminal Appeal No. 5449 of 2001) Judge......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ...... Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Mvi Md. Wahidullah, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 136 of 2003 (From the Judgment and Order dated 18.6.2003 passed by ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....ate, instructed by Mrs. Sufia Khatun, Advocate-on- Record-Respondents No. 1. Not represented-Respondent Nos. 2-4. Civil Appeal No. 164 of 2004 (From the Judgment and Order dated August 2,2001 passed by the High Court Division in Writ Petition No. 2634 of 1998) Ju......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...............Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same crea..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
..... Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. Civil Appeal No. 4 of 1995 (From the Judgment and Order dated December 11, 1994 passed by the High Court Division, Dhaka in Civil order No. 4061 of 1994) ......tion under section 151 of the Code of Civil Procedure. It was, inter alia, stated in the said application that appellant No. 1 Bangladesh Bank invited international tender by publishing tender notice dated 15.9.1994 inviting quotations/offers from interested reputed Mints for minting and sup......What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the High Court..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
.... instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to Appeal No. 45 of 2004 (From the Judgment and Order dated 10.01.2004 passed by the High Court Division in Criminal Appeal No. 1250 of 1996) Judg......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......ch 7, 2004. Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to Appeal No. 45 of 2004 (From the Judgment and Order dated 10.01.2004 passed by t..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....isur Rahman, Advocate instructed by A. K. M. Shahaidul Huq Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Appeal No. 158 of 2001 (From Judgment Order dated 29.03.2001 passed by the High Court Division in Criminal Appeal No. 283 of 1998) Judgm......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for further ..Category: Criminal Law | Date: | Hits: 43
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....d: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-the Respondent Criminal Petition for Leave to Appeal No. 214 of 2003 (From the Judgment and Order dated 24 05.2003 passed by the High Court Division in Criminal Appeal No. 1784 of 2003 Judgm......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......espondent Judgment November 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-the Respondent Criminal Petition for Leave to Appeal No. 214 of 2003 (From the Judgment and Order dated 24 05.2003 passed by..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....ior Advocate, instructed by Zahirul Islam, Advocate-on Record-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Appeal No. 231 of 2003 (From the Judgment and Order dated 13th April, 2003 passed by the High Court Division in Writ petition No. 536 of 2003) J......airman. The writ-petition respondent No.1 alleged that the nomination paper of the respondent No. 4 the appellant was declared valid in illegal and malafide manner though it was brought to the notice of the Returning Officer that the appellant respondent No. 4 having taken an advance of TK.2......nbsp; Syed J. R Mudassir Husain CJ .- This Appeal by leave at the instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
.... nos. 2 & 3 (In Criminal Appeal No. 100 of 1998) Ex-parte-Respondent No. 1(In Criminal Appeal No. 100 of 1998) Civil Appeal No. 99-100 of 1998 (From the Judgment and Order dated 27-10-1997 passed by the High Court Division in writ petition No. 2126 of 1994 and judgm......rt Division to the effect that the respondent No.2 has acquired a right can not be taken away is not acceptable so we find that the learned Judges of the High Court Division failed to take judicial notice that an Enquiry Committee was formed by the competent authority of the appellants in order t...... Ali, Advocate-on-Record......For Respondent No.2 (In Criminal Appeal No. 99 of 1998) Ex- parte-Respondent No. 1. (In Criminal Appeal No. 99 of 1998) Md. Nowab Ali, Advocate-on-Record-for Respondent nos. 2 & 3 (In Criminal Appeal No. 100 of 1998) Ex-parte-Respondent No. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-4. Not Represented-For Respondent Nos. 5-8. Civil Appeal No. 235 of 2001. (From the Judgment and Order dated 6.1.1997 passed by the High Court Division in Civil Revision No. 3254 of 1992). Judgm......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......abala dated 17.1.1977. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property mea..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....r the Appellant Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Civil Appeal No. 234 of 2003 (From the Judgment and Order dated August 17, 2002 passed by the Appellate Division in Civil Appeal No. 151 of 2000) Judg......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......sp; Md. Ruhul Amin J: - The appeal arises out of a petition seeking review of the judgment dated August 17, 2002 in Civil Appeal No.151 of 2000. The aforesaid appeal was filed against the judgment dated November 4,1999 of a Division Bench of the Hig..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... instructed by A.K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1(a) Not represented.....Respondent Nos. 2-4 Civil Appeal No. 43 of 2001 (From the Judgment and Order dated December 8,1997 passed by the High Court Division in Civil Revision No. 2419 of 1990) ......disposing of the appeal did not consider the exhibit E series i. e papers of the revenue proceeding. The view so expressed is not correct in that the appellate Court considered the said papers and noticed that the predecessor of the plaintiffs admitted life interest of the defendant No.1 in......led in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan Saha, Santosh Kumar Saha and Phani Bhushan Saha, that Mahendra Nath Saha died before his father leaving wife, Hemangini Saha (defendant No.1) and a daughter by name Sundari Dasi. ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
...., 2006 Lawyers Involved: Shamsul Huq Sarker(in person)-For the Appellant Not represented-Respondents Civil Appeal No. 131 of 2001 (From the Judgment and Order dated 31.07.2000 passed by the High Court Division in Civil Revision No. 664 of 1994) Judgme......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......e rule. 2. The appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 o..Category: Procedural Law | Date: | Hits: 70
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