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Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ard his version about the materials in the enquiry report, to be made available to him by way of serving second show cause notice along with the enquiry report to put forward his version about the facts in the enquiry report, finding made by the inquiry officer, and about the proposed punishment...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J Bangladesh Muktijoddha Kalyan Trust and another……….Petitioners Vs Md. Arshad Ali and others…&h......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
.... there was no cause of action for filing the case. The Administrative Tribunal after considering the materials brought on record by the parties allowed the case upon observing "Considering the facts and circumstances coupled with the above stated reminders and departmental appeal etc. I am ...... BLT (AD) (2009) 58. ......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....This Petition for Leave to Appeal is directed against the judgment and order dated 10.06.2007 passed by the High Court Division in Writ Petition No.5794 of 2004 discharging the Rule. 2. The facts of the case, in short, are that the petitioner is the elected Chairman of Surma Union Parisha...... J Md. Joynul Abedin J Md. Hassan Ameen J Amir Hossain Reza………………………......Petitioner Vs. Bangladesh and others…………..... .Respondents Judgment February 10, 20......eeting for removal of the petitioner from the office of the Chairman of the union parishad. The petitioner gave reply to show cause notice on 03.08.2004 with explanation in details and documentary evidence laying' the allegations brought against him. The authorized officer then fixed a date for ..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....996 passed by the Artha Rin Adalat, First Court, Chittagong in Mortgage Suit No.33 of 1991 for removing errors of the final decree not done in accordance with the preliminary decree. 2. The facts, in short, are that the respondents and the United Commercial Bank Limited prefe......late Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited and others&he......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
.... contents of the tin pot. Accordingly, in our view the High Court Division arrived at a correct decision and convicted the accused under section 304 part II and 324 of the Penal Code. In the facts and circumstances of the case, we are of the view that the decision of the High Court Divisio......nstructed by Mr. B. Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.418 of 2005. (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.1038 of 1994) ......0 (ten) years under section 304 part II of the Penal Code and rigorous imprisonment for 6(six) months under section 324 of the Penal Code. 6. The High Court Division it appears discussed the evidence of each and every prosecution witnesses and on critical analysis of the materials on recor..Category: Criminal Law | Date: | Hits: 48
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....by leave is directed against the judgment and order dated 23.03.1999 passed by a Single Bench of the High Court Division in Civil Revision No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge...... (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Quddus Matabbar....................Appellant Vs Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: ...... appeal. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division acted illegally in holding that the unilateral kabuliyats were admissible in evidence without calling for the original from the recipients of the same or calling for the volum..Category: Property Law | Date: | Hits: 28
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....001 passed by the High Court Division in Writ Petition No. 2954 of 2001. Both the criminal appeals and the civil appeal having been heard together are being disposed of under this judgment. 2. The facts, in short, are that these criminal appeals have arisen from the judgment and order dated 24-......; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....es to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2nd Court, Satkhira. 2. Brief facts are that the respondent Nos.1-5; as plaintiffs, preferred Title Suit No. 12 of 2004 before t...... 111. ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s petition for leave to appeal is directed against the judgment and order dated 18.04.2007 passed by the High Court Division in Writ Petition No. 2655 of 2003 discharging the Rule. 2. Short facts are that the writ petitioner was a teacher of Rupsha Ahamedia Senior Madrasha. Being jealous ...... No. 9. Not represented- Respondent Nos. 1-8 & 10. Civil Petition for Leave to Appeal No. 1298 of 2007. (From the judgment and order dated 18.04.2007 passed by the High Court Division in Writ Petition No. 2655 of 2003.) ......sion 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 MLR (AD) (2009) 108. ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....n for amendment having not been filed within period of limitation, the appellate Court rejected the same and the High Court Division concurred with the appellate Court. 6. In the facts and circumstances of the case, we are of the view that the High Court Division considered all......tructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) ......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......hellip;………………………………………………Petitioner Vs. Abdul Kashem Member and others…….......Respondents Judgment April 20, 2008. Lawyers ......on the date, time, place and in the manner as alleged but they have been falsely implicated in this case out of enmity and grudge. 9. Thereafter, the learned trial Court on the basis of the evidence on record found the accused namely, 1. Abdul Kashem Member, 2. Abdur Rab, 3. Joynul Abedin..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....1A of the Code of Criminal Procedure for quashing the impugned judgment and order but the learned Judges of the High Court Division without hearing the petitioners and without considering the facts and circumstances of the case and materials on record made the Rule absolute on 25-10-20......in: VI ADC (2009) 86. ......8-08-1994. 4. Thereafter, the petitioners filed a written objection contending that the case of the complainant was not maintainable. The learned Magistrate without considering the evidences on record filed by the petitioners passed judgment and order finding the possession of th..Category: Civil Law | Date: | Hits: 92
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....pers. It is submitted that the construction work of Mohammadpur Mohila College has been stopped as a result of the order of the High Court Division dated 24-07-2004 and in consideration of the facts and circumstances, the High Court Division vacated the order dated 24-07-2004 by the imp......te Division (Civil) Present: Syed J. R Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Managing Committee of Mohammadpur Girls School and another………Petitioners Vs. Chairman, National Housing Authorit......in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ..Category: Others | Date: | Hits: 84
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....e), Second Court, Khulna in Title Appeal No.122 of 1990 affirming those dated 31.03.1990 passed by the learned Assistant Judge, Khulna in Title Suit No. 28 of 1989 decreeing the suit. 2. The facts, in short, are that the petitioners as plaintiffs instituted the Title Suit No. 28 of 19......se is also Reported in: VI ADC (2009) 79. ......ighted and thereby wanted to define those commercial plots as unused lands and as such their suit is liable to be dismissed with heavy cost. 4. Thereafter considering the materials and evidence on record the trial court decreed the suit in favour of the plaintiffs and against the def..Category: Property Law | Date: | Hits: 26
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....failed to discharge his onus that the property in question is not abandoned property inasmuch as failed to discharge the onus by adducing any material before the authority and in such view of the facts and circumstances of the case, we find no material in the submissions of the impugned judg...... Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involved: Md. A......writ petition and obtained Rule. The learned Judges of the High Court Division thereafter on hearing both sides discharged the Rule holding that the appellant failed to prove by adducing any material evidence that the case property is not an abandoned property. 4. Md. Alim Hussain, the learned Ad..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ict Judge, Bhola in Title Appeal No.66 of 1998 reversing those dated 28.07.1998 of the Assistant Judge, Borhanuddin Upazila Bhola, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Joynul Abedin J Mostafa Kamal..........................Appellant Vs. Md. Nasir Ahmed and others. ......Respondents Judgment May 27, 2008. Case Referred To- ......y the order dated 23.02.1992; that the plaintiffs have filed the suit making untrue statement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court d..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....n J. - The petitioner seeks leave to appeal against the judgment and order dated 27-06-2006 passed by the High Court Division in Writ Petition No. 3891 of 1998 discharging the Rule. 2. Short facts relevant for disposal of this petition are that the petitioner in course of his business open......009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....judgment and order dated 11.07.1999 passed by the High Court Division in F.A.T. No. 511 of 1999 permitting defendant respondents to file Memorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Ri...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment June ......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....06.1994 expressing legal difficulties in joint allotment which in fact disclosed his mind regarding joint allotment and therefore subsequent registration on surrendering the single allotment in the facts and circumstances. Finally, the learned Counsel submitted that there was no violation of the t......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm......pposition. TK. 10,00,000.00 out of 12,00,000.00 was also received by the petitioner from house building finance corporation as loan was deposited by him in his own name in Islamia Umma Corporation as evidenced from an application dated 10.06.1996 of the petitioner regarding the said depositing and..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......espondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved:......posed to the particular interest of the individuals. When the Divisional Commissioner makes a decision for acquisition of a property under section 5(1) of the Ordinance such decision is conclusive evidence that the property is needed for a public purpose or in the public interest. In this view o..Category: Property Law | Date: | Hits: 42
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