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Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......idavit along with the annexures filed by him before the High Court Division as in the paper book those have not been included. 11. From the impugned judgment and order, it appears that the learned Judges of the High Court Division on consideration of the facts stated in the writ petition, in the ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67......., Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... respect of status and pay granted to the PA-cum-Stenographers of the Ministry given through Annexure-‘D’, ‘D1’ and ‘D2’ respectively to the petitioner and the PA-cum-Stenographers of the Judges of the Supreme Court of Bangladesh." The said writ petition was very much contested by the re..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ty Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub Ali, Advocate, Instructed by Ms. Shirin Afroz, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2356 of 2009. Judgment Md. Shamsul Huda J. - The instant Civil Petitio......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ...... limitation. 7. Thereafter, the respondent herein being appellant preferred Appeal No.225 of 2005 challenging the legality and propriety of the judgment of the Administrative Tribunal. The learned Judges of the Administrative Appellate Tribunal on the other hand held that the departmental appeal ..Category: Administrative Law | Date: | Hits: 240
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No.449 of 2009. (From the judgment and order dated 22.11.2009 passed by the ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......aintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of the High Court Division committed error of law in not interfering with the order of charge..Category: Criminal Law | Date: | Hits: 66
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......on is dismissed.
Lawyers Involved:
Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November,...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......itions involving similar question of law by the impugned judgment and Order discharged the Rule.
5. Mrs. Nahid Mahtab, learned Advocate, appearing for the petitioner has contended that the learned Judges of the High Court Division erred in law in deciding the merit of the instant Rule relying on ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......ngladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dismissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......der Dacca Paurashava. The appellants Octroi Muharris being aggrieved by the said notification filed a Writ petition under Article 102 of the Constitution before the High Court Division. The learned Judges of the High Court Division, however, rejected the said petition summarily, holding that the s..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......ecial leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partnership firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165........2 the appellant, moved the High Court on an application under Article 102 of the Constitution on the allegations as set above. 6. The petition was contested by the respondents and the learned Judges of the High Court Division on consideration of the arguments advanced by the learned counse..Category: Fiscal/Taxation Law | Date: | Hits: 122
....nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163.......8th August, 1977 passed by the High Court Division in Criminal Appeal Nos. 114 and 115 of 1974).
Judgment
K M Subhan J.- In this appeal two learned Advocates are the appellant, and have prayed for expunction of remarks made in the judgment of the High Court Division against them, in the cas......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163.......ing those appellants in those two appeals. Two Advocate for the State, however, was present to represent the State, respondent in those appeals.
4. On disposal of the Criminal Appeals the learned Judges, in the judgment referred extensively to certain facts, such as adjournments of the hearing..
Category: Others | Date: | Hits: 145
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of ......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......ict Judge reversed the judgment of the trial Court and dismissed the suit. 2. The petitioner as plaintiff instituted a suit for specific performance of contract in the 2nd Court of the Subordinate Judges Chittagong being Other Suit No.32 of 1983, alleging, inter alia, that the defendants entered ..Category: Procedural Law | Date: | Hits: 68
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run conc...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred to- Rafiqul Alam Vs. Mustafa Kamal, (1990) 42 ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ...... dated 10-10-2011 passed by (writ respondent No.4) in appeal being Serial No.17 of 2011, the writ-petitioner preferred Writ Petition No. 8469 of 2011 before the High Court Division. 5. The learned Judges of the High Court Division disposed of the writ petition without issuing Rule Nisi with a dir..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......ected the plaint. 7. Being aggrieved by and dissatisfied with judgment and decree of the trial Court, the plaintiff filed First Appeal No.154 of 2006 before the High Court Division and the learned Judges of the High Court Division by the judgment and decree dated 23-4-2008 allowed the appeal se..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......continued detention. The application of the Respondent was accepted by the Court and he was ordered to be set at liberty by on order dated 14-3-1974. 2. The Attorney-General moved a petition for special leave which was granted on his express submission that the detenu's restoration of the......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......hat the detenu's restoration of the detention will neither be urged nor enforced whatever be the result of the appeal. Leave was granted to examine the correctness of the observation of the learned Judges on the clause "whereas the Government is satisfied" appearing in the detention order and si..Category: Criminal Law | Date: | Hits: 63
.... J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against for contempt of Court for violating the Judgment and order dated 26-8-2003 passed by the High Court Divi......Dolon, Advocate - For the Petitioners.
Rabia Bhuiyan, Advocate - For the Contemner - Respondents.
Contempt Petition No.181 of 2007.
Judgment
Quamrul lslam Siddiqui J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the contemners-re......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ely passed by the Subordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......that in that reported decision a decree was passed in the following terms: "a decree for Tk. 6,31,10,307.13 with interest thereon at the rate of 12% per annum till realisation." The learned Judges of the Appellate Division at paragraph 8 observed as follows: "As to the rate of interest ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....ision seeking interference of the Sovereign to obtain revision of a judicial order when he himself engaged in setting that judicial order at naught by disobeying the same with impunity. It would be contemptuous too. 13. Their Lordships of the Judicial Committee of the Privy Council in the case ......rming those passed by the Metropolitan Magistrate, Dhaka in P.Case No. 422a/83, convicting the accused petitioners under section 420 of the Penal Code and sentencing them there under to suffer R.I. for 1 (one) year each and to pay a fine of Tk. 5,000/- each, with a default order. 2. Facts, in s......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......e making of an application for bail and his presence in Court cannot be regarded as appearance under section 497 of the Code. In fact, in Hidayat Khan's case (supra) it was pointed out by the learned Judges of the High Court that nowhere in law was there to be found any warrantor the plea that a Cou..Category: Criminal Law | Date: | Hits: 95
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49....... of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title ......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......the petitioner.
Mr. Md. Mahbub Ali, Advocate - For the opposite party Nos.1-5.
Civil Revision No. 4331 of 2003.
(From the judgment and decree dated 3.2.2003 passed by the Additional District Judges, erd Court, Sylhet in Title Appeal No.332 of 2001.)
Judgment
Sheikh Abdul Awal J.- This..
Category: Property Law | Date: | Hits: 64
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant Attorney General and Mr. Md. Moslemuddin, Assistant Attorney General - For the ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......was amended and a new Article 6A was inserted by which it was provided that there shall be an Appellate Division of the High Court of Bangladesh which shall consist of the Chief Justice and two other Judges to be appointed by the president after consultation with the Chief Justice. 58. In British..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......For the Appellant. Snigdha Huq, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......igh Court Division. In appeal Babul will be described as convict-appellant. 3. Appeal was heard by a Division Bench of High Court Division. Dissenting Judgment had been recorded by learned Two (2) Judges. One learned Judge allowed the appeal and acquitted convict-appellant on setting aside judg..Category: Criminal Law | Date: | Hits: 84
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......he monthly salary of the petitioner No.4 since March, 2003 and an Audit and Accounts Officer of the respondent No.1, by his letters dated 27‑7‑2003 (Annexure-C series) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As ......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......onal Deputy Comptroller and Auditor General by his letter dated 17‑3‑2002 (Annexure‑4) informed the Secretary of the Election Commission that in accordance to section 20(2) of the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982, the amount of gross pension of Tk. 12,000 ha..
Category: Employment/Service Law | Date: | Hits: 99
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