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Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....Aftab Hossain, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nor. 1, 3-9. Civil Appeal No. 116 of 1999. (From the judgment and order dated 10-3-1999 passed by the High Court Division in Writ Petition No. 519 of 1999). Ju...... observed that the appellant challenged the order of amendment for delaying disposal of the election petition resulting in frustrating the very purpose of setting up of Election Tribunal. It has been noticed that elected Chairman takes resort to dilatory tactics to frustrate the election petition ch......y the Election Tribunal Moheshkhali, Cox’s Bazar in Election Tribunal Case No. 1 of 1998 allowing an order of amendment. 2. Appellant and respondent Nos. 2-7 contested the election for the office of Chairman Shaplapur Union Parishad held on 22-12-1997. In that election appellant w..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....d by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999). ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......uq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 pass..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....itioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Judgment ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the H..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....tioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Judgment ......of the suit land to the defendant No. 2 for the purpose of receiving loan and that the plaintiff would not know for long as to whether the loan was granted or not. Long thereafter the plaintiff got a notice from the Settlement Office of Tejgaon on 19-7-85 directing her to appear before the officer a......structed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the H..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) Criminal Appeal No. 6 of 1998. (From the Judgment and order dated 7-5-1996 passed by the High Court Division in Criminal Appeal No.96 of 1994). with Crimi......after. In the case, an explanation was given by PW 12 that due to fear of his life he did not disclose immediately to the police details of the occurrence. We as Judges are competent to take judicial notice of the fact about the present condition of law and order situation in the country and, as suc...... is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accu..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) Judgm......urts below. 7. The High Court Division held that the courts below proceeded to discuss the issues on the assumption that the suit was suit for title, that both the courts below failed to notice that by addition of some persons as per objection of the defendants, the plaintiffs had chang......efendants suddenly started constructed a hut in a better portion of the suit land without making any amicable arrangement with the plaintiff, when they demanded upon the defendants in March 1964 for an amicable partition, which the defendants refused and hence the suit. 3. The defe..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....llant. A.F. Hassan Arif, Attorney General, instructed by Sufia Khatun, Advocate-on-Record- For Respondents. Civil Appeal No. 452 of 2001 (From the Judgment and Order dated 29 March 2001 passed by the High Court Division in Writ Petition No. 5100 of 2000). ......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain..Category: Administrative Law | Date: | Hits: 130
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Civil Appeal No. 134 of 2001 (From the Judgment and Order dated 16th May passed by the High Court Division in Writ Petition No. 1655 of 1999) ......thereof and on comparison with the tabulation sheet, the said mark sheet and the signatures appearing in the mark sheet were found forged and thereupon respondent was served with show cause notice and that result of the respondent withheld. He challenged the action of the University b...... Mohammad Fazlul Karim J: - Leave was granted in the appeal to consider the submission of the learned Counsel for the appellant appearing as under: "Mr. Hasan Ariff, the learned Counsel appearing f..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....te-on-Record- For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- Respondent Nos. 1-6. Ex-parte- Respondent No.7-8. Civil Appeal No.92 of 1999. (From the Judgment and Order dated 27- November 1984 passed by the High Court Division Chittagong Bench in Second Appeal No.279 o......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......udge, Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of poss..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....nt Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in Civil Revision No. 4183 and 4184 of 1996) ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......h Court Division in Civil Revision Nos. 4183 and 4184 of 1996. Both the appeals were heard together and are disposed of by this judgment. 2. The petitioner as plaintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Ass..Category: Property Law | Date: | Hits: 175
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) Judgmen......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......he Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind ..Category: Property Law | Date: | Hits: 57
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
.... Razzaque Khan, Additional Attorney General instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent. Criminal Appeal No. 32 of 1999. (From the Judgment and Order dated 02.06.1999 passed by the High Court Division in Criminal Appeal No. 2777 of 1998) ......ut considering the evidence on record dismissed the appeal modifying the order of conviction and sentence passed by the trial court and also the submission that the High Court Division failed to notice the doubtful features and numerous lacuna in the prosecution case and refused to consider the......Sessions Case No. 42 of 1994 altering conviction of the appellant under section 304 Part-1 of the Penal Code to a conviction under section 324 of the Penal Code and modifying sentence of imprisonment for 2(two) years with a fine of Tk. 500/- in place of rigorous imprisonment for 10(ten) years a..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....ate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record For Respondent No. 1 Not represented-Respondent No. 2 Civil Appeal No. 313 of 2001 (From the Judgment and Order dated 30th may 2000 passed by the High Court Division in Writ Petition No. 2095 of 1999). Jud......ough the respondent has claimed his months pay in lieu. Nothing has been filed to show either any admitted claim or contract that upon his termination of service he was entitled to 6 month's notice, on the contrary, under the provision of section 19 of the Employment of Labour (Standin............Respondent Judgment 28th July 2004 Lawyers Involved: Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant. Abdus Sobhan, Senior Advocate, instructed by A. K. M. Shahidul..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....- For the Appellant. Nitai Roy Chowdhury Advocate instructed by Mvi. Md. Wahidullah Advocate-on-Record- For the Respondent. Civil Appeal No. 214 of 2000 (From the Judgment and Order dated 3rd November, 1999 passed by the High Court Division Writ Petition No. 3453 of 1998) Moham......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the inner carton and master carton for keeping them in the deep freeze for export and thereby he has been exporting shrimps to the Japa..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....y Chakma, Assistant Attorney General, with him), instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent Civil Appeal No. 09 of 2001 (From the Judgment and Order dated 4th April 1996 passed by the High Court Division in First Miscellaneous Appeal No. 82 of 1993)......, assume jurisdiction in the instant case as an sole Arbitrator and notified both the parties to appear before him and submit their case in writing. It appears that the appellant in pursuance of that notice appeared before the Arbitrator and submitted their statement of claim. On the other hand, the...... delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....nbsp; B. Hossain, Deputy Attorney General, instructed by Shamsul Hague Siddique, Advocate- on- Record......For Respondent No. 3 Civil Appeal No. 27 of 1991 (From the Judgment and Order dated 5. 3. 89 passed by the High Court Division in Appeal From Original Decree No. 40 of 1985).&nbs......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ...... No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a ..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....ue Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) Judgment&nb......f the contracted goods owing to this unreasonable and adamant attitude of the defendant who forfeited the earnest money paid by the plaintiff and invited a fresh tender adding further conditions by a notice dated 01.10.1987 and thus sold out the contracted goods elsewhere. Thereafter the plaintiff f...... No.3. Dhaka, in Money Suit No. 132 of 1991 who dismissed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of cer..Category: Business or Commercial Law | Date: | Hits: 108
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....y Aftab Hossain, Advocate-on-record- For Respondent No. 1. Not represented- Respondent Nos.2-3. Civil Appeal No. 215 of 2002. (From the Judgment and Order dated December 6, 2000 passed by the High Court Division in Writ Petition No.4666 of 1999) ......o retirement before the initiation of the proceeding against him and in that state of the matter he was allowed to enjoy the privilege of LPR. 5. In due course, 2nd show cause notice mentioning the proposed punishment of dismissal from service and recovery of an amount of Tk.......rch 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief…………&hellip..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....hy;ed by A.S.M. Khalequzzaman Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-4. Civil Appeal No. 184 of 2004 (From the judgment and order dated 24 August 2003 passed by the High Court Division in Civil Revision No....... of the rules governing the staffs embodied in the Staff Manual embodying the terms and conditions of the service of the employees including the appellant. 3. Upon service of notice of the suit the defendant-World Bank appeared in Court on 23.03.2002 but did not file any wri......taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....-Record- For respondent No. 1 Not represented- Respondent Nos. 2-5. Civil Petition For Leave To Appeal No. 1458 of 2001 (From the judgment and order dated 17th April, 2001 passed by the High Court Division in Civil Revision No. 576 of 1991) J......ease of the premises by executing an agreement dated 28th June, 1959 from Amrita Lal Shaha Banik. He is not a Bharatia under the firm of the plain tiff-respondent. He also denied to have received any notice under section 106 of the Transfer of Property Act terminating the tenancy so there was no rel......t Court, Chittagong Sadar in S.C.C. Suit No. 1 of 1989 decreeing the same. 2. The landlord, respondent No. 1 as plaintiff instituted the above S. C. C. Suit against the petitioner and proforma-respondent Nos. 2-5 for eviction from the suit premises upon realization of arrear rents and a..Category: Property Law | Date: | Hits: 54
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