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Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
..... M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921, 4922, 49......s that under Probidhan 50 of Trading Corporation of Bangladesh er karmochari chakuri probidhanmala, 1992 the authority without assisting any reason can retire an employee after giving three months notice or three months salary in lieu thereof but the impugned orders they were given much more ben...... dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have discharged from their employment with T.C.B effective from various dates..Category: Labour and Industrial Law | Date: | Hits: 80
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
.... Amirul Kabir Chowdhury J.- In Criminal Petition for Leave to Appeal No. 189 of 2003 informant Mainul Islam seeks leave to appeal against the Judgment and order dated 26.11.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 527 o......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ...... Not represented-Respondent No. 1(In Criminal Petition No, 189 of 2003) Not represented-Respondent Nos. 7 &8 (In Criminal Petition No. 190 of 2003) Criminal Petition for Leave to Appeal Nos. 189 & 190 of 2003 (From the Judgment and Order Dated 26.11.2002..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
.... Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. Criminal Petition for Leave to Appeal No. 45 of 2003 (From the Judgment and Order dated 18.01.2003 passed by the High Court Division in Criminal Revision No. 625 of 1999) Jud......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......owab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. Criminal Petition for Leave to Appeal No. 45 of 2003 (From the Judgment and Order dated 18.01.2003 passed by t..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave-to Appeal No. 195 of 2003 (From the Judgment and Order dated 28.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 12022 of 2003...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ndent Judgment November 20, 2005 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave-to Appeal No. 195 of 2003 (From the Judgment and Order dated 28.10.2003 passed by ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....ate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Respondent-Respondent Criminal Petition for leave to Appeal No. 130 of 2003 (From Judgment and Order dated 7th May. 2003 passed by the High Court Division in Criminal Revision No. 1156 of 200) ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ...... 2003 Lawyers Involved: Obaidur Rahman Mustafa, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Respondent-Respondent Criminal Petition for leave to Appeal No. 130 of 2003 (From Judgment and Order dated 7th May. 2003 passed by t..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....cted by A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners Not Respondent-Respondent Criminal Petition for Leave to Appeal No. 179 of 2003 (From Judgment and Order dated 26.4 2003 passed by the High Court Division in Criminal Appeal No. 1127 of 1998) Judge...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... M. A. Gaffer, Advocate (appeared with leave of the court) instructed by A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners Not Respondent-Respondent Criminal Petition for Leave to Appeal No. 179 of 2003 (From Judgment and Order dated 26.4 2003 passed by the H..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....orney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of 1994) ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....lants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 of 1993) ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dismissing the appeal, reducing the sentence of fine to Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction under Section 302 of the ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....olved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of 1997) ......mits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions, but without issuing it, the case w......ndent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 210 of 2003 (From the Judgment and Order dated 11.05.2003 passed by the High Court Division in Criminal Appeal No. 1656 of 2000) Judg......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 210 of 2003 (From the Judgment and Order dated 11.05.2003 passed by ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
.... Appellants Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents Criminal Appeal No. 23 of 2000 (From the Judgment and Order dated 18.7.1995 passed by the High Court Division in Criminal Appeal No. 3225 of 1991). Judg......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......er dated 26.11.1991 convicted the appellant Moniruzzaman Kazi @ Thanda Kazi and Sarwar Hossain Mollah @ Chhore Molla under section 326A of the Penal Code and sentenced both of them to imprisonment for life and to pay a fine of TK. 10, 000/- each in default to suffer rigorous imprisonment for 1 (..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....e with him) instructed by Md. Nawab All, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-3 Civil Appeal No. 193 of 2002 (From the Judgment and Order dated 17.05.2001 passed by the High Court Division in Writ Petition No. 2992 of 1996) Judgme...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......essor on 02.12. 1989. The authority advertised the posts of two Professors in the Department of Architecture on 22.06.1993. The respondent No.1 as well as the respondents Nos. 2 and 3 applied for appointment as Professors in the Department of Architecture. In the advertisement required qual..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....pellant. Md. Nawab Ali, Advocate-on-Record-For the Respondents (1a-1j). Not represented-Respondent Nos. 2-11. Civil Appeal No. 269 of 2001 (From the Judgment and Order dated 01.04.1996 passed by the High Court Division in Civil Revision No. 473 of 1981) Judgme......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands origin..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Fakhrul Islam, Advocate-on-Record- Respondent Civil Appeal No. 222 of 2002 (From the Judgment and Order date July 25, 2000 passed by the High Court Division in Civil Revision No. 9824 of 1991) Jud...... by the trial Court as to the manner in which the suit listed for ex-parte hearing was of the view that the trial Court ought not have taken the suit for ex-party hearing. The appellate Court also noticed the fact that on the date of hearing defendant No. 1 entered appearance and prayed for time......cribed in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
..... A. Aziz Khan, Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record-For Respondent No. 1 (In all the cases) Civil Appeal Nos. 244-250 of 2002 (From the Judgment and Order dated 24.10.2000 passed by the High Court Division in Writ Petition Nos. 2467, 1872, 1874, 1875, 18......ing aggrieved the writ respondents preferred the appeals. 6. Leave was granted to consider the following submissions:- " I. The High Court Division was wrong in failing to notice that the order of retirement of the writ petitioner respondents were passed by the Board in...... Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ Petitions challenging memo compelling them to go on leave preparatory to retirement (..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....torney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not represented-Respondents Civil Appeal No. 578 of 2001 (From the Judgment and Order dated June 22,1997 passed by the High Court Division in Civil Order No. 4901 of 1997) Judgme...... amendment of section 86 of the SAT Act by the President's Order of 1972 and 1973. 7. Leave was obtained for the consideration of the submissions that the Courts below failed to notice that the land in suit reappeared after 13.5.1958 when Part-V of the SAT Act came into force ...... purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey t..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
.... Advocate, instructed by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-8 Civil Appeal No. 588 of 2001 (From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka)Ci......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......e and possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
.... by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Petition For Lave to Appeal No. 877 of 2005 (From the Judgment and Order dated 08.05.2005 passed by the High Court Division in Writ Petition No. 4892 of 2003) Judgem......alse allegations to which he submitted reply on 24.02.2003 denying the allegations but the respondent No. 2 on the allegations leveled against the respondent calling for minor penalty served a notice dated 06.05.2003 to the effect giving him opportunity of being heard and that he appeared an......tial quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possessio..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....; Md. Tafazzul Islam J.- These three appeals by leave filed by the writ respondents are against the judgment and order dated 17.07.2000 passed by the High Court Division in Writ Petition Nos. 3773. 4490 and 4491 of 199...... apart from the question of vested right also considered the principle of promissory estoppel as the importer imported the goods on (he assurance of the Government which was notified in the public notice. As it appears although it was argued before the Appellate Division that notification under ......spondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and other levies but on the basis of a complaint made by some busin..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....gment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ...... No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladha..Category: Property Law | Date: | Hits: 37
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