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Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....f 1998. Judgment:                  Md. Ruhul Amin J.-The appeal, by leave, is against the judgment and order dated August 4, 1997 of the Administrative Appellate Tribunal (AAT) in Appeal No. 87 of 1996 allowi...... the amount taken as advance and as such he is liable to refund the amount so taken as advance. 8. At the time of hearing of the case the Government produce the file before the AT and it was noticed by the AT that in the background of the facts relating to information given by the responde......the same. The appeal was filed against the judgment and order dated 10.8.1996 of the Administrative Tribunal (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case before the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancel..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....;           Mohammad Fazlul Karim J. - This of the appeal by leave at the instance defendant-appellants is directed against the judgment and order dated 26.7.2000 passed the High Court Division discharging the rule against judgment and decree pas...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......o. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relat..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....udgment:                  M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....                   Md. Ruhul Amin J. - The appeal, by leave, is by the defendant No. 1 against the judgment and order dated January 13, 2002 of a Division Bench of the High Court Division passed in. Civil Revision No.......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decre..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....bsp;                Md. Ruhul Amin J.-This appeal, by leave, by the defendant has been filed against the judgment and order dated February 27, 1997 of a Single bench of the High Court Division in Civil Revision No. 2348 of ......arked as Ext-B. At one stage of the hearing of the appeal we called for the record of the Title Suit No. 563 of 1987 of the 4th Court of Assistant Judge, Dhaka and upon examination of the record we noticed that the Railway to establish its claim that the land in suit and the other land acquired i......ing the judgment and decree dated February 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land b..

Category: Property Law | Date: | Hits: 32

A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)

....bsp;              Amirul Kabir Chowdhury J.-  The petitioner A.N.M. Gaziul Azim seeks leave to appeal against the judgment and order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ad Nawab Ali, Advocate-on-Record- For the Petitioner  A.S.M. Khalequzzaman, Advocate-on-Record- For Respondent No.1. Not represented- Respondent No. 2-10. Civil Petition for Leave to Appeal No. 1145 of 2004. Judgment:        ..

Category: Property Law | Date: | Hits: 34

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

....dgment:                  M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and decree dated 26.01.1994 passed by a Single Bench of the High Court Division in 2nd Appeal No. 1204 of 1965...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant prefe..

Category: Property Law | Date: | Hits: 34

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

....udgment:                   Md. Tafazzul Islam J.-This appeal by way of leave is against the judgment and order dated 27th August, 1996 passed by the High Court Division in Writ Petition No. 3430 of 1992 dischar......matches due to non­availability of raw materials, non-receipt of import licence as well as financial difficulty and so they were ultimately compelled to lay-off the workers of their factory by notice dated 23.9.87 and since the situation did not improve within the next 45 days, all the said ......benefits ceased to be "workers" of the petitioners company and as a result the respondent No.1 lost its entitlement to continue with their registration under section 7(2) of the IRO, 1969 for not having 30% of the workers as their members; the petitioner by their letter dated 15.4.88 h..

Category: Labour and Industrial Law | Date: | Hits: 131

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....                    Md. Ruhul Amin J.- This appeal, by leave, is by the writ-petitioner against the judgment dated April 10, 1997 of the High Court Division in Writ Petition No. 3396 of 1991 discharging the R......s being possessed by the appellant are not abandoned properties. It has been also submitted by the learned Additional Attorney General that High Court Division was quite correct in holding that the notice impugned in the writ petition is valid since the properties of the Respondent No.3 part of ......issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from t..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

.... Judgment:                    Md. Ruhul Amin J: The appeal by leave is against the judgment and order dated March 30, 1997 of a Division Bench of the High Court Division passed in Civil Order No. 1383 ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......Procedure and thereupon striking out the 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants includin..

Category: Banking Law | Date: | Hits: 129

A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

....bsp;               Amirul Kabir Chowdhury J.-The petitioner A. Motaleb Howlader seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......ocate-On-Record- For the Petitioner Abdur Razaque Khan, Additional Attorney General, instructed by Ataur Rahman Khan, Advocate -On–Record- For the Respondent. Criminal Petition for Leave to Appeal No. 35 of 2004. Judgment:        &nb..

Category: Criminal Law | Date: | Hits: 47

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....                  M. A. Aziz J. - This criminal petition for leave to appeal has arisen out of a judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 546 ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 103 of 2003. Judgment        &..

Category: Criminal Law | Date: | Hits: 102

University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....f the Examination of LL.B (Hon's) Part-IV of the year, 1999, examination held in the year 2000 in accordance with the relevant provisions for re-examination within the period of two months from the date of receipt of the judgment. The High Court Division made further direction that "the re-......e aforesaid paper was recommended by the Chairman of the Department of Law. The writ-petitioner having not heard anything from the authority of the Rajshahi University (the University) he served a notice demanding justice (on 16.2.2002) by way of re-examination of his answer script in the admini......ner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No. 1. Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 146 of 2005. Judgment:        ..

Category: Civil Law | Date: | Hits: 97

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....gment                  Md. Ruhul Amin J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1358 of 1......plaintiff, took settlement in 1357 B. S. of the land in suit and in his name S. A. record was prepared and the plaintiff purchased the land in the year 1963. The High Court Division also failed to notice the fact that while settlement to Nurul Islam by Charubala in the year 1359 B. S. was not es...... Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding u..

Category: Property Law | Date: | Hits: 48

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....nbsp;                Syed J. R. Mudassir Husain J. - This Criminal Petition for leave to appeal is directed against the judgment dated 7-12-2000 passed by a Division Bench of the High Court Division in Criminal Revision No. 289 ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

.... 31, 32, 34, 36, 7, 39, 43-45, 47-53, 57 & 59 (In C. A. No. 320 of 2002)        Civil Appeal Nos. 319-320 of 2002. (From the judgment and order dated 22.6.1999  passed  by   the High Court Division in Writ Petition Nos.137......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ...... DLR (SC) (1978) 251. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Faheemul Huq and Ahasanul Karim, Advocates with him), instructed by A. K. M. Shahidul Huq, Advocate-on-Record- for the Appellant (In both the cases) Abdul Mannan, Senior Advocate, instructed by B. Hossa..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....ucted by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not represented -Respondent Civil Petition for Leave to Appeal No. 1035 of 2002. (From the judgment and order dated 06.03.2002 passed by the High Court Division in Writ Petition No. 5226 of 2000.) Judgm......sions of section 65(1) of the Local Government (Union Parishad) Ordinance, 1983 (shortly the Ordinance) on the basis of the report of the Deputy Commissioner, Barisal without issuing any show cause notice upon him. The impugned order was issued out of misconception as the petitioner was in no way......s Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not represented -Respondent Civil Petition for Leave to Appeal No. 1035 of 2002. (From the judgment and order dated 06.03.2002 passed ..

Category: Civil Law | Date: | Hits: 104

Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)

....ed: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by the High Court Division in Civil Revision No. 1602 of 1994.) Judgm......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ........Respondents Judgment July 2, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by..

Category: Procedural Law | Date: | Hits: 113

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... Judgment:                 M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule abso­lute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwell..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....dvocate, in­structed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondents (In all the cases). Civil Petition for Leave to Appeal Nos. 95 - 97 of 2007. (From the judgment and order dated 19.07.2006 passed by the High Court Division in Civil Revision Nos. 4243 and 4244 of 2005 and ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ...................Respondent (In Civil Petition No. 97 of 2007) Judgment October 3, 2007. Hindu Law Shebait Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform..

Category: Civil Law | Date: | Hits: 111