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Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

.... Ed. This Case is also Reported in: II ADC (2005) 850. ......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......it on 11.4.94 in Appeal No. 43 of 1989. 2. Facts material for the purpose of dis­posal of this appeal, briefly, are that the appellant who was a Superintendent of Customs challenged the order of her dismissal from service dated 26.8.87 by filing Administrative Tribunal Case No. 183 of......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..

Category: Administrative Law | Date: | Hits: 110

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....;……….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involved: Sharifuddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Respondents......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......Court Division in Civil Revision No. 863 of 1994.) Judgment AM Mahmudur Rahman J.- This appeal by leave at the instance of preemptor appellant Tambia Khatun a against the Judgment and order passed by the High Court Division on 8.4.96 making the Rule absolute issued in Civil Revision......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

....ported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......ted 17-2-93 passed by the High Court Division in Civil Revision No. 2114 of 1990). Judgment Mustafa Kamal J. - This appeal by leave by the defendant-appellant is from the judgment and order dated 17-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision N...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..

Category: Procedural Law | Date: | Hits: 64

Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)

....rit Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......ssed by the High Court Division in Writ Petition No.2016 of 1993) Judgment MA Aziz J.- This appeal by leave by the Second Party Star Jute Mills Ltd. Calls in question the judgment and order dated 29.4.1998 passed by the High Court Division discharging the rule in Writ Petition No. 2......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ..

Category: Labour and Industrial Law | Date: | Hits: 251

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

.... Reported in: II ADC (2005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......29-6-94 passed by the High Court Division, in Civil Revision No. 459 of 1992.) Judgment Mustafa Kamal J.- The defendant-appellants have obtained leave to appeal from the judgment and order of a learned Single Judge of the High Court Division dated 29-6-94 in Civil Revision No. 459......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34

Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....er submission of the charge-sheet itself discloses that the papers which were seized as alamats were recov­ered from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in viola­tion of settled p...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......- In Criminal Appeal No. 17 of 1996 was granted to con­sider the submission that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered the quashing of the instant case inspite of an earlier order that the cases filed against t...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ..

Category: Criminal Law | Date: | Hits: 38

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

.... and 01.10.2000 repeatedly which again being dishonoured was returned to the appellant on 03.09.2000 and 03.10.2000 respectively. Thereafter the appellant approached the respondent No. 1 and on his advice he again presented the cheque on 23.10.2000 but it was returned to the appellant being bounc...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......th him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For Respondent No. 2. Not represented - Respondent No. 1. Criminal Appeal No. 17 of 2003 (From the Judgment and order dated 10.03.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 3481 of...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)

....992 at about 8/9 A.M the members and supporters of rival unions of employees of the Titas Gas Transmission and Distribution Company Limited started assembling at the Second floor of the Company's Head Office at 19, Kawran Bazar. Apprehending trouble the Security Inspector of the company vainly s......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......d 17.09.1998 passed by the High Court Division in Criminal Miscellaneous Case No. 2608 of 1998). Judgment M. M. Ruhul Amin J.- This appeal by leave is directed against the Judgment and order dated 17.09.1998 passed by a Division Bench of the High Court Division in Criminal Miscellan......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..

Category: Criminal Law | Date: | Hits: 44

State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)

.... passed by the High Court Division in Criminal Miscellaneous Case No. 88 94 of 2002 making the rule absolute thereby allowing bail to the respondent in Sessions Case No. 365 of 2002 arising out of Muradnagar RS. Case No. 4 dated 08.03.2002 under Sections 302/34 of the penal Code. 2. The facts, in...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ......8894 of 2002.) Judgment Amirul Kabir Chowdhury J. - At the instance of the state, represented by the Deputy Commissioner, Comilla the appeal by leave has been preferred against the judgment and order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 88 94 of...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ..

Category: Criminal Law | Date: | Hits: 47

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....rder discharged the Rule. The Rule was obtained upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceed­ing of C.R. Case No. 174 of 1993 (Sadar) C.R. Case No. 95 of 1994 of the Court of Magistrate, First Class, Satkhira under sec­tion......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......8 passed by the High Court Division in Criminal Miscellaneous Case No. 160 of 1995) Judgment Md. Ruhul Amin J. - This appeal, by leave, by the accused is against the judg­ment and order of June 14, 1998 passed by a Bench of the High Court Division in Criminal Miscellaneous Case ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..

Category: Criminal Law | Date: | Hits: 50

MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)

....se is also Reported in: II ADC (2005) 782. ...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ...... the High Court Division in first Miscellaneous Appeal No. 35 of 1996) Judgment Mohammad Gholam Rabbani J.- Appellant Managing Director, foundation Engineer Shatu Ltd. obtained a work order from Roads & Highways Department, Development Division, Naogaon, for the construction of a...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ..

Category: Civil Law | Date: | Hits: 98

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....n J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Secretar......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... certificate granted by the High Court Division under Article 103 (2)(a) of the constitution in Writ Petition No.1374 of 1990. Civil Appeal No. 65 of 1992 follows leave to appeal from judgment and order dated 26 July 1992 passed by the High Court Division in Writ petition No. 51 of 1990 (renumbe......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

....to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... Biman having had accepted his letter of resignation on due compliance of the provi­sion of the Regulations and there having no provision in the Regulations for withdrawal of resignation in the interim period of acceptance of resignation by the Biman Authority, the High Court Division was in ......be men­tioned in the reported case provision of Section 19 of the Bangladesh Employment of Labour (Standing Orders) Act, 1965 came up for consideration. The provision of Section 19 of standing order and the provi­sion of Regulation 53 of the Regulations are quite distinct and different a...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..

Category: Employment/Service Law | Date: | Hits: 95

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

.... also Reported in: II ADC (2005) 668. ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......11-94 passed by the High Court Division in Civil Revision No. 765 of 1990) Judgment Mustafa Kamal J.- This appeal by leave by defendant Nos.1 and 3 appellants is from the judgment and order dated 16-11-93 passed by a learned Single Judge of the High Court Division in civil Revision ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..

Category: Property Law | Date: | Hits: 33

Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)

....est­ed the writ petitions on the assertion that the writ petitioner’s goods were never assessed on the basis of indicative value but on the basis of normal value and such assessment was made in accordance with law. 4.  On consideration of the assertions of both the sides th......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......ord-For the Petitioner (In all the cases) Not represented- the Respondents (In all the cases). Civil Petition for Leave to Appeal Nos. 1265-1271 of 1999. (From the judgment and order dated 11.6.1998 by the High Court Division in Writ Petition Nos.1494, 1475, 1474, 1100, 1101,......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 66

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....n, Rangpur alleging that he used to love one Monowara Begum, daughter of Shafu Mondal of Village Ghanashuampur and accordingly marriage between them was registered on 19.04.97 and arrangement was made to hold the wedding ceremony on the night of 21.4.97 at the house of Shafu Mondal and but in th......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ...... Syed Mahbubar Rahman Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 278 of 2007. (From the judgment and order dated 18th & 21st January, 2007 passed High Court Division in Criminal Appeal No. 4663 of......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....s­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......olved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General-For the Respondent. Jail Petition No. 22 of 2007. (From the judgment and order dated 20th and 23rd September, 2007 passed by the High Court Division in Death Reference No.9......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..

Category: Criminal Law | Date: | Hits: 86

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

....rence. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 61 of 2007. (From the judgment and order dated 30.3.2006 passed by the High Court Division in Criminal Miscellaneous Case No.7577 of 2......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ..

Category: Criminal Law | Date: | Hits: 47

Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

.... the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......awab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 passed by the High Court Division in Criminal Miscellaneous Case No......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..

Category: Criminal Law | Date: | Hits: 41

Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)

....ugust 4, 2002 but it was not honoured, that the complainant again presented the cheque on August 5, 2002 and August 11, 2002 and on those days cheque was also not honoured since no arrangement was made by the account holder for payment of the amount mentioned in the cheque, that the complainant ...... point out any infir­mity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ......2004) Judgment               Md. Ruhul Amin CJ.- This petition for leave to appeal is directed against the judgment and order dated June 20th June 2005 of, a Division Bench of the High Court Division in Criminal Miscell...... point out any infir­mity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ..

Category: Criminal Law | Date: | Hits: 56