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Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

....mily Welfare, Dhaka and others preferred Civil Petition for Leave to Appeal No. 737 of 2005. Both the petitions arising out of the same judgment are disposed of by this single order. 3. The facts revealed in Civil Petition for Leave to Appeal No 612 of 2005, in short, are that the respond......ourt Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by t...... by this court." "Because in the advertisement of Bangladesh Public Service Commission (BPSC) dated 21.05.2001, it was mentioned that "candidates having teaching experience or evidence of research work and publication will get prefer­ence"; that all the selected can..

Category: Employment/Service Law | Date: | Hits: 86

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

....He submits, inter alia, that the trial court finding a strong prima facie case warranting mandatory injunction passed the order in question.  The High Court Division in its turn examined the facts and cir­cumstances and came to correct view in affirming the aforesaid order of the trial......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..

Category: Civil Law | Date: | Hits: 120

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....sh in this petition seeks leave to appeal against the judgment and order dated 02.02.2005 passed by the High Court Division in Writ Petition No. 2554 of 2004 making the rule absolute. 1. The facts, in short, are that the respondent No. 1 instituted Writ Petition No. 2454 of 2004 challengin......of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgement April 25, 2005 ...... of the necessary state of affairs, the Council stated in its Inquiry Report that "in an inquiry though the ordinary procedure of admitting or accept­ing particular facts or statement into evidence is not strictly applicable but rule of procedure demands that the allegation before the in..

Category: Others | Date: | Hits: 97

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

.... 6. The defendant Nos.1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to the exten......There is no order as to costs. Ed. ......said quantity of land plaintiffs have acquired right, title and interest in .3471 acre of land. 6. The defendant Nos.1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and fact..

Category: Property Law | Date: | Hits: 40

Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

....hury J.- Pre-emptee petitioner Abdul Quddus seeks leave to appeal against the judgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No. 3664 of 2003. 2. The facts revealed in the leave petition, in short, are that one Raquib Ali predecessor of the responde......ir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..

Category: Property Law | Date: | Hits: 35

M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

....ousing Bangladesh Secretariat, Dhaka and others against the aforesaid judgment and order. 3. Both the petitions being heard together this order shall govern both the petitions. 4. The facts revealed in the leave petitions, in short, are that Md. Zahangir Alam the respon­dent No....... ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 97

GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)

....leave to appeal is directed against the judgment and order dated 5-1-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 5360 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff instituted Other Suit No. 48 of 1998 in the Court of the Senior Assista......an, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). ......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..

Category: Employment/Service Law | Date: | Hits: 181

Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

....vision and consequent thereupon the suit was decreed ex parte has not been established, that summons was served on the petitioner, i.e. respondent No.1, on May.8, 1978, that in the background of the facts and circumstances of the case and the evidence on record it can be said that the petitioner ......Ed. ......ver and the person in whose presence the summons was served as well as himself. 6. The trial Court, on the findings that petitioner i.e. respondent No.1, failed to adduce any tangible evidence either oral or documentary to substantiate his case of knowing about the ex parte decree f..

Category: Civil Law | Date: | Hits: 112

Abu Taleb Vs. State, 2007, 36 CLC (AD)

.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondent Criminal Petition for Leave to Appeal No.76 of 2005. (From the judgment and order dated 12-2-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 386 ......ct his appearance. 7.  He further submits that the High Court Division committed error in not interfering with the judgment and order of conviction against the petitioner though cogent evidence was lacking to warrant conviction under section 385 of the Penal Code. 8.  We h..

Category: Criminal Law | Date: | Hits: 47

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

.... no valid termination of the tenancy decree passed in the suit and affirmance thereof by the High Court Division was not legal appears to be not legally well conceived one, in the background of the facts of the case in that although in the notice defendants were asked to vacate the premises in su......ismissed without any order as to costs. Ed. ...... Court also found the defen­dants defaulter in the payment of rent of the premi­ses in suit. It is seen from the judgment of the trial Court that the said Court on due consideration of the evidence held that the plaintiffs require the premises in suit for their bonafide requirement as we..

Category: Property Law | Date: | Hits: 46

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

..... 94 of 2003, the writ petitioner challenged the order dated 12-12-2002 promoting respondent No.4 to the post of Assistant Chief Hydrographer, Senior Deputy Director (Survey) BIWTA. 4. Short facts are that the writ petitioner and respondent No.4 were both appointed on temporary basis as Ri......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangla­desh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 59

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....; MM Ruhul Amin J.- By these petitions the petitioners seek review of this Court's judgment dated 1-8-2006 passed in Civil Appeal Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the ......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....not the undivided dwelling house of the defendant No.1, the High Court Division was in error in making the Rule absolute upon setting aside the concurrent finding of fact, that having regard to the facts that the preemption Miscellaneous Case No.62 of 1956 filed by the defendant No. 1, predecesso...... allowed with costs at all stages. Ed. ......fact, that the suit plot as is not undivided "hut of the defendant No.1 he is not entitled to get the suit property as a part of his own undivided homestead" and in the background of the evidence on record the defendant No.1 is not entitled to buy out the suit property under section 4 ..

Category: Property Law | Date: | Hits: 44

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

.... order of calling the meeting may also give such ancillary or consequential direction as it thinks expedient: 7. We are accordingly, of the view that the High Court Division, considering the facts and circumstances   and   also   applying   the ......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

....gment and order dated 9 April 2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the appellant. 2.The facts leading to the leave petition, in short, are that one Champa Khatoon (15), dumb daughter of K...... Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). ......aman Ain, 2000, in short, the Act. The case thereafter being sent for trial, the trial Court framed charge against the accused under section 9(1) read with section 30 of the Act and after recording evidence convicted both the accused under section 9(1) of the Act and sentenced each of them to su..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....Amirul Kabir Chowdhury J and the separate dissenting note written by my learned brother Mr. Md Joynul Abedin J. 2. The author Judge, Mr. Justice Amirul Kabir Chowdhury has elaborately narrated the facts and circumstances   and   thereupon   arrived   at   his conclusion dismissing all t......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......amun whom he recognised and identified as aforesaid Mamun residing in her house and she also identified accused Mamun on dock. 31. P.W 6 Md Serajul Islam, the imam of Rupa-tali Jame Mosque, in his evidence corroborated PW 3 Md Abul Khair regarding letting out of the house at Rupatali Laldegi Mrid..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

.... amount and in that situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal affirming the concurrent findings of facts as above the decision of the High Court Division does not call for any interference. 8. As ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-......complete the construction works within the time as stipulated and thereby the port authority incurred loss and therefore, the contracts were cancelled. 4. The trial Court upon consideration of the evidence on record decreed the suit in part for an amount of Taka 33, 45,276.24 only. Being aggrieve..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....n No. 3261 of 2001 was filed calling in question the judgment and decree dated 7-11-1999 passed by the learned Subordinate Judge, Artha Rin Adalat No.2, Dhaka in Money Suit No. 109 of 1998. 4. The facts, in brief, are that the respondent No. 2 Pubali Bank Limited, Motijheel Branch, Dhaka ins......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....as referred to in Article 35 relates to criminal prosecutions. 'Double jeopardy', which has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle ma......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitu­tion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..

Category: Constitutional Law | Date: | Hits: 159

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result......nced them to imprisonment for life. On appeal the High Court Division acquitted all the respondents. 6. We will now consider the case of the princi­pal accused Mohammad Khan to see whether on the evidence on record the High Court Division was jus­tified in acquitting the principal accused who i..

Category: Criminal Law | Date: | Hits: 117