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Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ......slam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Ahsanullah Patwary, Advocate-on-Record— For the Respondents Civil Appeal No. 582 of 2001 (From the judgment and order dated 17-8-2000 passed by the High Court Division in Civil Revision No. 2363 of 1998). ..

Category: Employment/Service Law | Date: | Hits: 120

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....ndus­tries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD......Tanjib-ul Alam, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (In Civil Appeal No. 34 of 1997). Civil Appeal No. 40 of 2000 (From the judgment and order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). and ..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......erchants, High School) against the judgment dated July 17, 2002 of a Single Bench of the High Court Division in Civil Revision No. 876 of 2002 discharging the Rule obtained against the judgment and order dated February 10, 2002 of the 2nd Court of Joint District Judge, Jhalokathi in Title Appeal..

Category: Civil Law | Date: | Hits: 216

Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)

....on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corrupti......cted by Nurul Islam Bhuiyan, Advocate-on-Record— For Respondent No.1. Not represented— Respondent Nos.2 & 3. Civil Appeal No. 161 of 2005. (From the judgment and order dated 12-8-2003 passed by the Administrative Appellant Tribunal in AAT Appeal No.147 of 2003..

Category: Administrative Law | Date: | Hits: 117

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294....... and submitted that they were not liable for further interest after the decree. The learned Subordinate Judge rejected the prayer and the contention inspite of holding that: "It is fact, that the order in execution does not clearly sanction the interest in favour of the decree-holder but the pra..

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....sion as a Dar-rayati tenant under Mohesh Chandra Saha paying rent to him regularly till April 1956 when on whole-sale acquisition of all rent-receiving interests he became a tenant directly under the Government; on his death his sons, Narayan and Tetna Rabi Das, inherited and possessed the land and ......”For the Appellant Gholam Rabbani, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal Nos. 31 & 32 of 1985. (From the judgment and order dated 29.11.1984 passed by the High Court Division, Comilla Bench in Civil Revision Nos. 117 &..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......urullah, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For Respondent Nos. 1-4. Ex part — Respondent No. 5. Civil Appeal No. 73 of 1985. (From the Judgment and order dated 13.2.85 passed by the High Court Division, Dhaka in Civil Or­der No. 98 of 1985). Ju..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......€” For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the Re­spondent (State). Criminal Appeal No. 3 of 1987. (From the judgment and order dated 26 October, 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of..

Category: Criminal Law | Date: | Hits: 51

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....m Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sar­godha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and ......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 57 of 2000 (From the judgment and order dated May 11 and 12 of 1999 passed by the High Court Division in Writ Petition No.2621 of 1998..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

.... Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment A......n, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte—The Respondents Civil Appeal No.118 of 1999 (From the judgment and order dated 3-8-1999 passed by the High Court Division in Writ Petition No.2879 of 1999) Jud..

Category: Environmental Law | Date: | Hits: 255

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Ref......d the same as no such challenge had been offered by the government before the Court of Settlement. The findings of the Court of Settlement having not been supported by any materials, in our view, the order is without jurisdiction. It is neither stated before the Court of Settlement nor before this C..

Category: Property Law | Date: | Hits: 37

Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Ban­gladesh, 2006, 35 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Ban­gladesh.......Respondents Judgment November 29, 2006......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Civil Revision No. 28 of 2001) ..

Category: Property Law | Date: | Hits: 33

Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......on No. 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th December, 2004 by the High Court Division in Writ Petition Nos. 2173 &am..

Category: Business or Commercial Law | Date: | Hits: 108

Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)

....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......cate instructed by Abdur Rab-II, Advocate-on-Record–for the Respondent No. 3. Not Represented- Respondent No. 1. Civil Appeal No. 31 of 1976 (From the Judgment  and order dated the  2nd April,1970 passed by the Dacca High Court Writ Petition No. 101 of 1968) ..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

....3 which provides for letting out of premises on monthly basis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of tenants, who would be styled as “m...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of the conviction of the five accused-appellants under sec­tions 302/34 of the Penal Code, ordered by the Addi­tional Sessions Judge, 1st Court, Chittagong and confirmed in appeal, by the Hi..

Category: Criminal Law | Date: | Hits: 74

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....nt is misconceived. The above-cited case was decided on the footing that the case which was stopped was a pending case when Ordinance No. XXXVII of 1983 came into effect on 8.8.83 and, therefore, the Government rightly moved the Ses­sions Judge on 9.11.83 for revival of the stopped case. The accuse......pondents Judgment June 19, 1990. The Code of Criminal Procedure, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......or special leave to appeal is against a judgment of a Bench of the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the S..

Category: Employment/Service Law | Date: | Hits: 79

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 4. Not represented—Respondent Nos. 1, 3 & 5. Civil Appeal No.98 of 2002. (From the judgment and order dated June 13, 2000 passed by the High Court Division in Civil Revision No. 1781 of 1990). ..

Category: Property Law | Date: | Hits: 52