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Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for pro­moting the writ Respondent Nos. 4-86 from the post of Assistant Superintendent of police to......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant. Mvi. Md. Wahi..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....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 ......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. ......ad Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyers Involved:  M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Rec..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......nt                 Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by th......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......t: Md. Ruhul Amin J Syed J. R. Mudassir Husain J  Abdul Malek and oth­ers.............Appellants. Vs. Faiz Ahmed and other........Respondents  Judgment 16th November 2003  Lawyers Involved:  Syed Ziaul Karim, Advocate, instructed by Santi Ranjan Karmakar, Advocate-o..

Category: Property Law | Date: | Hits: 73

Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)

....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ......ers Involved:  Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners.    Not represented- Respondents.   Criminal Petition for Leave to Appeal No. 81 of 2002. (From the judgment and order dated 28th April, 2002 passed by t......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ......R. Mudassir Husain J.  Sujit Chandra Roy and others...................Petitioners. Vs. Abdur Rouf and another……….......Respondents.  Judgment 5th April 2003  Lawyers Involved:  Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Recor..

Category: Procedural Law | Date: | Hits: 104

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

....nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ...... 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......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent.  Judgment 8th August 2005   Lawyers Involved:  Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on..

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

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......al No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving sub­stantially the same facts and points of law, the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......passed without jurisdiction. An order passed without jurisdiction has no existence in the eye of law…………………………..(8)  Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 97

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......vocate-on-Record- For the Petitioner.  A. J. Mohammad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent.      Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the Hig......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......r. Vs. The   State   represented   by   the   Deputy Commissioner, Comilla….......Respondent.  Judgment 12 December 2005   Lawyers Involved:  Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 103

State Vs. Mofizuddin and others, 2006, 35 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ......sp;                            M. M. Ruhul Amin, J.:- This petition for leave to appeal is directed against the judgment and order dated 15.02.2004 passed by a Division......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ...... 2O04. (From the judgment and order dated 15.02.2004 passed by the High Court Division in Death Reference No. 40 of 2001 and Criminal Appeal Nos. 3428 of 2001, 5469 of 2001 and 2093 of 2001.)  Lawyers Involved:  Abdur Rouf, Deputy Attorney General instructed by Ahsan Ullah Patwary, Advo..

Category: Criminal Law | Date: | Hits: 83

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ......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...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ...... (AD) 221; Mst. Shamim Akhtar Vs. Syed Alam Hussain and others 1975 SCMR 60; Bibhabati Vs. Ramendra Narayan (AIR 1947 PC 19); Federation of Pakistan Vs. Ali Hasan (PLD 1967 SC 249).  Lawyers Involved:  T.H. Khan, Senior Advocate (Abdus Sobhan, Senior Advocate with him), ..

Category: Employment/Service Law | Date: | Hits: 211

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......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......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......bsp; Anil Ranjan Deb......................Petitioner. Vs. Yoshodalal Amritalal Shaha  Banik and others.....................Respondents.  Judgment 9 November 2003   Lawyers Involved:   Mahbubey Alam, Senior Advocate, instructed by A. K. M. Shahidul Huq, ..

Category: Property Law | Date: | Hits: 54

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ......and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appel­lants for contempt of Court and sentencing them to pay fine of Tk. 2000/- each, in default, to suffer simp......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ...... Chowdhury J.  Hamidul Huque, Managing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents  Judgment June 27, 2005   Lawyers Involved:   Dr. Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advoca..

Category: Business or Commercial Law | Date: | Hits: 118

Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)

....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same.  Accordingly, the leave petition is dis­missed.  Ed. ......spondent.  Judgment April 27, 2003.  Lawyers Involved:   Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners.  Not represented-Respondent.  Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Cou......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same.  Accordingly, the leave petition is dis­missed.  Ed. ......n and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Respondent.  Judgment April 27, 2003.  Lawyers Involved:   Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners.  N..

Category: Property Law | Date: | Hits: 110

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ffirming those dated 7.12.2000 of the Administrative Tribunal, Dhaka rejecting the appellant's Execution Case No.3 of 2000. 2. The facts, leading to this appeal, are that the appellant filed the aforesaid Miscellaneous Appeal No.4 of 2000 for declaration that as per judgment dated 24.6.1996 of t......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......¦â€¦â€¦.Respondents Judgment May 16, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawyers Involved: Nurul Hoque Miah in person- For the Appellant. Fida M. Kamal, Additional A..

Category: Administrative Law | Date: | Hits: 162

Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)

....ons made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed with costs.  Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... who died later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of money the appellant and his brother would return the shop no. 235 (kha) to him a......ons made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed with costs.  Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......llip;..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents Judgment November 9, 2003. Lawyers Involved:  Md. Ozair Farooq, Senior Advocate, instructed by Md. Md. Nawab Ali,..

Category: Procedural Law | Date: | Hits: 111

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......e judgment and decree dated April 16, 1997 of the 2nd Court of Senior Assistant Judge, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property describ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......s, 39 DLR (AD) 1, Government of Bangladesh, represented by the Deputy Commissioner, Dhaka and others Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others, 42 DLR (AD) 91. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Ahsanullah Patw..

Category: Limitation Law | Date: | Hits: 189

Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)

.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......nd order dated 30.04.2001 passed by the High Court Division in Criminal Appeal no. 2180 of 1997. 2. Criminal Appeal No. 43 of 2003 is at the instance of convict appellant Jaber Sheikh against the aforesaid judgment and order. 3. Both the appeals being heard analogously were disposed of by the ...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......3) Jaber Sheikh…………....Appellant (In Criminal Appeal No. 43 of 2003) Vs. The State…………….....Respondent (In both the cases) Result: The appeals are allowed in part. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Appellants(In both the cases). ..

Category: Criminal Law | Date: | Hits: 97

Mayor, Chittagong City Corporation, Chittagong & others Vs. Md. Jahangir Faruk & others, 2006, 35 CLC (AD)

.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:......nstructed by A.K.M. Shahidul Huq, Advocate-on-record- For the Petitioners. Md. Nawab Ali, Advocate-on-record-For Respondent No.1. Not represented-Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 1232 of 2002. Judgment Md. Ruhul Amin J.- This petition for leave to...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:...... The Mayor, Chittagong City Corporation, Chittagong and others……….... Petitioners Vs. Mohammad Jahangir Faruk and others….......Respondents Result: The petition is dismissed. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record-..

Category: Employment/Service Law | Date: | Hits: 96

M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)

....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......spondents Result: The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-On- Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 591 of 2002. Judgment Amirul Kabir Chowdhury J.- At the instance of ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others ...............Respondents Result: The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-On- Record- For the Petitioners. Not represent..

Category: Property Law | Date: | Hits: 74