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Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......dvocate (Abul Kalam Mainuddin, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......Kazi Abdul Hoque……………………..Petitioner Vs Md. Baharuddin and others ........Respondents Judgment May 15, 2008. Lawyers Involved: Abdul Qauiyum, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate..

Category: Property Law | Date: | Hits: 28

Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)

....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......dul Huq, Advocate-on-Record-For the petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondents No.2. Not represented- Respondent Nos. 1, 3-10. Civil Petition for Leave to Appeal No. 665 of 2006. (From the judgment and order dated 12.03.2006 passed by ......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......r and others………………..Petitioners Vs. Md. Laskar Ali and others ......................Respondents Judgment January 7, 2008. Lawyers Involved: Enayutur Rahim, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Re..

Category: Property Law | Date: | Hits: 32

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ave, as against the judgment and order dated 30 January, 2000 by a Division Bench of the High Court Division passed in Writ petition No. 3737 of 1998 discharging the Rule. The Rule mentioned herein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. Lawyers Involved: Mainul Hossain, Senior, Advocate, instructed by Sharifuddin Chaklader, Advocat..

Category: Civil Law | Date: | Hits: 128

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......;Appellant Vs Dilip Kumar Roy and others……………………………Respondents Judgment June 21, 2005. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-R..

Category: Property Law | Date: | Hits: 31

Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)

....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......oner. Badruddoza, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.3. Not Represented—Respondent Nos. 1-2 & 4-5. Civil Petition for Leave to Appeal No. 516 of 2008. (From the judgment and order dated 8-1 -2008 passed by t......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ...... Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others............Respondents Judgment April 8, 2009. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..

Category: Civil Law | Date: | Hits: 104

Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)

....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......itioners. Md. Azizul Haq Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not Represented —Respondent Nos. 2-20. Civil Petition for Leave to Appeal No. 56 of 2008. (From the judgment and order dated 13th March, 2007 passe......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......ners Vs. Md. Ataur Rahman Talukder and others ...............Respondents Judgment March 9, 2009. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record — For the Petitioners. ..

Category: Property Law | Date: | Hits: 49

Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)

....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......, Advocate-on-Record—For the Petitioners. Md.Nawab Ali, Advocate-on-Record—For the Respondent No. 1. Not Represented—For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 45 of 2008. (From the judgment and order dated 2-12-2007 passed by th......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......ther..........Petitioners Vs. Sonia Akhter Selina and another…..........Respondents Judgment March 23, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md...

Category: Criminal Law | Date: | Hits: 79

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......lam Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1794 of 2007. (From the judgment and order dated 1-10-2007 passed by ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......nbsp; Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents Judgment February 2, 2009. Lawyers Involved: Khurshid Alam Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-..

Category: Property Law | Date: | Hits: 22

Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......ebruary 17, 2009. Lawyers Involved Md. Abdun Nur, Advocate-on-Record—For the Petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1682 of 2008. (From the judgment and order dated 9-6-2008 passed by t......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......er......... Petitioners Vs. Mukul Kumar Biswas and others..................Respondents Judgment February 17, 2009. Lawyers Involved Md. Abdun Nur, Advocate-on-Record—For the Petitioners. Md. Nawa..

Category: Labour and Industrial Law | Date: | Hits: 90

Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)

....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......s dismissed. Lawyers Involved: Abu Shams Md. Khalequzzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 pas......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......p; Vs. Md. Abdul Barek…………………….Respondent Judgment September 13, 2007. Result: The petition is dismissed. Lawyers Involved: Abu Shams Md. Khalequzzaman, Advocate-on-Record—For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 65

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....r approach is potentially dangerous. The Judges wish to keep government officers of their international obligations, but in fact they are challenging the cardinal principle laid down in the Case of Proclamations and our own Bill of Rights of 1688, that the Executive by itself cannot make law for t......) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); K......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......(Writ Petition Nos. 666-670 of 1992); Ekushey Television Ltd. Vs. Dr. Chowdhury Mahmood Hasan reported in 55 DLR (AD) (2003) 26; Zulfikar Ali Bhutto Vs. The State, PLD 1979 SC 741 PLD 1979 SC 741. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate, (Abdul Malek, Senior Advocate with him), Instr..

Category: Intellectual Property Law | Date: | Hits: 233

Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)

....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......st Class, Cox's Bazar Passed in N. G. R. Case No. 132 of 1978. 2. Chand Mia and others as First party filed an application under section 144 of the Code of Criminal Procedure on 21.4.1978 before the Sub-Divisional officer, Cox's Bazar alleging, inter alia, that they auction purchased the......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......Amirul Kabir Chowdhury J Mvi. Amzad Ali and others.......Petitioners Vs. Shamsuddin alias Shamsuddoha and others. . . .Respondents Judgment March 9, 2005. Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Firoz Shah, Advocate-o..

Category: Criminal Law | Date: | Hits: 34

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......um-Bench Assistant in the First Court of Munsif, Sirajgonj District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No. 1 of 1992 for allegedly taking a bribe of TK. 25/- from a party, convicted there under on 14.11.1982 and s......the case, briefly, are that the respondent Md. Abdul Karim who was an Accountant-cum-Bench Assistant in the First Court of Munsif, Sirajgonj District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No. 1 of 1992 for allegedly tak�......onoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Involved: B. Hossain, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocat..

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......a Clerk Cum Store Keeper under BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under se...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......others……..Appellant Vs. Abdur Razzaque………………………Respondent Judgment November 19, 1996. Lawyers Involved: M. A Tariq, Advocate, instructed by Sharifuddin Chkalader, Advocate-on-Rec..

Category: Employment/Service Law | Date: | Hits: 97

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......gment and decree dated 20 March 1988 passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Adv..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. D......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Referred to: Md. Wahab & ors v. Abdul Kalam & anr. 44 DLR (AD) 13. Lawyers Involved: B. Hossain, Deputy Attorney General (M. Faruque, Dy. Attorney General with..

Category: Procedural Law | Date: | Hits: 87

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......f sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale dated 1 August 1979 wa......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. Result: The appeal is allowed. Lawyers Involved: Khandaker Mahabubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chakla..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......te Tribunal in Administrative Appeal No. 89 of 1991 affirming those dated 7.10.91 passed by the Administrative Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the Districts and Se...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... Mohammd Abdur Rouf J Bimalendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate..

Category: Administrative Law | Date: | Hits: 105

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......uses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Commi......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ar, Co Operative Society PLD 1962 (SC) 315; Jainal Abedin Vs. Multan Co-Operative Bank Limited, PLD 1966 (SC) 445; S.S. Dhanoa Vs. Municipal Corporation, Delhi and others AIR 1981 (SC) 1359. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury, Advocate, wi..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......e High Court Division discharging the Rule Nisi in Writ Petition No. 688 of 1987. 2. Respondent No. 2, worker under the appellant, took leave upto 23-9-80 on 19-9-80. He fell ill and applied for leave from time to time. When he applied for leave for two months from 25-9-80 the appellant se......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ...... Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, A..

Category: Labour and Industrial Law | Date: | Hits: 72

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