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Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)

.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......This petition for leave to appeal is directed against the judgment and order dated 31.8.2006 passed by a Division Bench of the High Court Division in Writ Petition No.751-5 of 2005 making the rule absolute. 2. The fact briefly stated is that the petitioner was elected as the President of ..

Category: Election Law | Date: | Hits: 84

Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)

....proval to the appointment of respondent No.4 as Nikah Registrar on temporary basis for 7 Puti Bila Union Parishad under Lohagara Upazilla, District-Chittagong purported to have been appointed under Rule 5(1) of the Muslim Marriage and Divorces (Registration)Rules 1975 (vide Annexure-E to the wri...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..

Category: Constitutional Law | Date: | Hits: 108

DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)

....d. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the High Court Division in Civil Revision No. 4696 of 2001 making the Rule absolute obtained against the judgment and decree dated August 9, 2001 of the Court of Joint ......hul Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the High Court Division in Civil Revision No. 4696 of 2001 making the Rule absolute obtained against the judgment and decree dated August 9, 2001 of the Court of Joint Distr..

Category: Property Law | Date: | Hits: 22

State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)

....and also Criminal Revision No. 430(R) of 1982 and the High Court Division after hearing allowed the appeal and acquitted the respondent and thereby the above criminal revision being infractuous the Rule issued therein was discharged. Leave was granted to consider the submissions that in the pres......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..

Category: Criminal Law | Date: | Hits: 48

Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)

....session of the property was not handed over to the claimant, he filed the writ Petition No.3093 of 2000 seeking direction to the authority for handing over possession of the property. 3. The Rule obtained in the said writ petition was made absolute on October 26, 2000 and the authority i.e......e claimant, he filed the writ Petition No.3093 of 2000 seeking direction to the authority for handing over possession of the property. 3. The Rule obtained in the said writ petition was made absolute on October 26, 2000 and the authority i.e. Ministry of Home Affairs and the Inspector Gene..

Category: Property Law | Date: | Hits: 28

Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)

....d that the order of detention has been made without application of mind and upon colorable exercise of power and that there is no nexus between the grounds and the purpose of the detention made the Rule absolute on the finding that: "In consideration of the materials produced a......J. - The Government of Bangladesh and others seek leave to appeal against the judgment and order dated 16.9.2002 passed by the High Court Division in Writ Petition No. 4409 of 2002 making the rule absolute. 2. The respondent filed an application under Article 102 of the Constitution conte..

Category: Criminal Law | Date: | Hits: 109

Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....tiff filed this petition for leave to appeal challenging the judgment and order dated 2.5.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2424 of 1998 discharging the Rule which was obtained against the judgment and decree dated 12.8.1997 passed by the learned Subo......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..

Category: Property Law | Date: | Hits: 26

Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)

.... Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment dated 14.1.2004 of a Single Bench of the High Court Division passed in Civil Revision No. 675 of 1997 discharging the Rule obtained against the judgment and decree dated 23.7.1996 in Title Appeal No.3 of 1991 of the le......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..

Category: Tenancy Law | Date: | Hits: 147

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

.... which we have no reason to depart from, are even more favourable to members of the service of the Republic in our country than to those in India, because the Supreme Court of India held that where a Rule is not made under constitutional or statutory authority, it is a mere administrative instructio......g directions. The directions would amount to creating of posts and continuing them despite non-availability of the work. We are of the considered view that the directions issued by the High Court are absolutely illegal warranting our interference. The order of the High Court is, therefore, set aside..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

.... Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment dated 6.7.2004 of a Single Bench of the High Court Division in Civil Revision No. 2499 of 2003 making absolute the Rule obtained against the judgment and decree dated 29.10.2002 passed by learned District Judge, Bo......bsp;  Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment dated 6.7.2004 of a Single Bench of the High Court Division in Civil Revision No. 2499 of 2003 making absolute the Rule obtained against the judgment and decree dated 29.10.2002 passed by learned Dist..

Category: Employment/Service Law | Date: | Hits: 84

Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)

....M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 ......hul Amin J.- This appeal by leave is directed against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in th..

Category: Property Law | Date: | Hits: 25

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

.... to appeal arise out of the common judgment and order dated 17.5.2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7253 of 2000, 1837 of 2000 and 1847 of 2001 discharging the Rules and common questions of law being involved in all these petitions, the same are disposed of by......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..

Category: Anti-Corruption Laws | Date: | Hits: 152

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....3). Judgment Md. Tafazzul Islam J. - This appeal by leave arises out of the judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 making the Rule absolute. 2. The respondent No.1 filed the above writ petition calling in question the judg...... Judgment Md. Tafazzul Islam J. - This appeal by leave arises out of the judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 making the Rule absolute. 2. The respondent No.1 filed the above writ petition calling in question the judgment ..

Category: Property Law | Date: | Hits: 28

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

....s that in respect of which he is arraigned. The question for the jury on the issue is whether the defendant has obviously been in jeopardy in respect of the charge on which he is arraigned, for the Rule of Law is that a person must not be put in peril twice for the same offence. The test is wheth......of 1992 challenging the legality and validity of the order of sentence passed by the Special Martial Law Court No.4, Comilla in Special Martial Law Case No. 24 of 1983. The rule was ultimately made absolute and order of conviction and sentence passed in the said case had been declared to have be..

Category: Constitutional Law | Date: | Hits: 109

Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)

.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..

Category: Criminal Law | Date: | Hits: 105

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....Properties Allotment Committee, notice for surrendering possession were issued upon the trespassers under Memo No. 916(3) dated 15.07.1999. 7. As it appear the High Court Division dis­charged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the ......gly no further vested proper­ty case can be started thereafter on the basis of the law which is already dead and concluded in holding that the starting of the Vested Property Case No. 142 of 1980 is absolutely without jurisdiction and has no legal effect. In ADC (Revenue) Dhaka Vs. Md. Mostafa Ali ..

Category: Property Law | Date: | Hits: 40

Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated May 9, 2005 of a Single Bench of the High Court Division in Civil Revision No.3030 of 2000 discharging the Rule obtained against the judgment and decree dated April 25, 2000 of the 1st Court of Subordinate...... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..

Category: Property Law | Date: | Hits: 19

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....rt dismissed the suit and on appeal, the suit was sent back on remand for fresh hearing. The defendant as against the order of remand moved the High Court Division in revisional jurisdiction and a Rule was obtained in Civil Revision No. 358 of 1989. The High Court Division after hearing made the......s against the order of remand moved the High Court Division in revisional jurisdiction and a Rule was obtained in Civil Revision No. 358 of 1989. The High Court Division after hearing made the Rule absolute and upon setting aside the order of remand directed the appellate court to dispose of the..

Category: Property Law | Date: | Hits: 106

Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)

....94 against the judgment and order dated 28th June, 1994 passed a Single Bench of the High Court Division in Civil Revision No. 184 of 1987 (Dhaka)/Civil Revision No.459 of 1988 (Rangpur) making the Rule absolute upon setting aside the judgment and decree dated 25-11-1986 passed by the learned Ad......inst the judgment and order dated 28th June, 1994 passed a Single Bench of the High Court Division in Civil Revision No. 184 of 1987 (Dhaka)/Civil Revision No.459 of 1988 (Rangpur) making the Rule absolute upon setting aside the judgment and decree dated 25-11-1986 passed by the learned Addition..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)

....Tafazzul Islam J. - This appeal by leave is directed against the judgment and order dated 28.7.1993 passed by a Division Bench of the High Court Division in Writ Petition No. 316 of 1988 making the Rule absolute declaring that confiscation of the vessel as well as imposing of penalty on the writ ......zul Islam J. - This appeal by leave is directed against the judgment and order dated 28.7.1993 passed by a Division Bench of the High Court Division in Writ Petition No. 316 of 1988 making the Rule absolute declaring that confiscation of the vessel as well as imposing of penalty on the writ peti..

Category: Admiralty Law or Maritime Law | Date: | Hits: 196