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University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....9, examination held in the year 2000 in accordance with the relevant provisions for re-examination within the period of two months from the date of receipt of the judgment. The High Court Division made further direction that "the re-examination and re-evaluation should be done impartially an......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......the University Calendar does not provide any further examination of the answer script. For that the learned Judges of the High Court Division erred in law in passing an administrative order likely to be passed by the University authority through its functionaries for doing the need......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..

Category: Civil Law | Date: | Hits: 97

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referred to- 41 DLR (AD) 1997; Malik Din and another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia and another Vs. Abdul Latif and others, 9 DLR, 357. Lawye......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ...... Judgment                  Md. Ruhul Amin J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 135......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....directing themselves and shouldered the same on Allah. This sort of disposal of criminal appeal is quite unknown to our criminal jurisprudence and we, therefore, disprove this unwarranted method of administration of justice…………………..(40) Lawy......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......th him) instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. [In Criminal Appeal No. 13 of 1998]. Criminal Appeal Nos. 12 and 13 of 1998. (From the judgment and order dated 9-4-1996 passed by the High Court Division in Criminal Appeal Nos. 193 and 192 of 1994)......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....ve to appeal is directed against the judgment dated 7-12-2000 passed by a Division Bench of the High Court Division in Criminal Revision No. 289 of 1999 discharging the Rule. 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on 2-6-1996 ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by the High Court Division in Criminal Revision No.289 of 1999) ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....he appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......5, 27, 31, 32, 34, 36, 7, 39, 43-45, 47-53, 57 & 59 (In C. A. No. 320 of 2002)        Civil Appeal Nos. 319-320 of 2002. (From the judgment and order dated 22.6.1999  passed  by   the High Court Division in Writ Petition N......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operati......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ...... instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not represented -Respondent Civil Petition for Leave to Appeal No. 1035 of 2002. (From the judgment and order dated 06.03.2002 passed by the High Court Division in Writ Petition No. 5226 of 2000.) ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ..

Category: Civil Law | Date: | Hits: 104

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....rd for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......p; 16          Not represented- Nos. 2-14 & 17-21  Civil Petition for Leave to Appeal Nos. 1818 of 2002 (From the judgment and order dated 18th August 2002 passed  by  the  High Court Division in Civil Revision......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)

....f the defendants and also the same land was recorded in the finally published S.A. Khatian in the name of the defendants. On perusal of the case of the parties it is found that the defendants have admitted that some of the heirs of the original owners sold the suit land by a registered kabala in......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by the High Court Division in Civil Revision No. 1602 of 1994.) ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 113

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......4. Judgment:                 M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....lu)................Respondent (In Civil Petition No. 97 of 2007) Judgment October 3, 2007. Hindu Law Shebait Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to p......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......nior Advocate, in­structed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondents (In all the cases). Civil Petition for Leave to Appeal Nos. 95 - 97 of 2007. (From the judgment and order dated 19.07.2006 passed by the High Court Division in Civil Revision Nos. 4243 and 4244 of 200......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......thers………..Respondent Judgment September 3, 2007. The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) The order of retirement in respect of the appellant passed by the Bangladesh Biman Corporation under Re...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..

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

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....oner vs State…………………………………………….Respondent Judgment March 22nd, 2007 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Crim......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......e, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Court Division in Criminal Appeal No. 1296 of 1994). ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

.... to- Idrish All and another vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Narain Singh AIR 1926 PC 100; Malik Fateh Khan vs Nazibullah Khan 9 DLR WP 40; SM Lutfullah vs Bibi Badrunnessa 20 DLR 1019; Ajit Kumar Sarkar vs Radhakanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin A......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......d May 29th, 2000 passed by the High Court Division in Criminal Miscellaneous Case No 3493 of 1995). Judgment Md. Ruhul Amin CJ. - This appeal, by leave, has been filed against the judgment and order dated May 29, 2000 of a Division Bench of the High Court Division in Criminal Miscella­neous ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

.... All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instru......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

.... J Shahanaz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petition......e order dated July 12 and August 3, 2006 of the 1st Court of Joint District Judge, Dhaka in Title Suit No. 220 of 2006 restraining the defendants, who are the respondents herein, by an order of ad-interim injunction not to proceed with the Title Execution Case No. 9 of 2005 pending before the 6......ment:                  Md. Ruhul Amin J.-This petition for leave to appeal is directed against the judgment and order dated March 18, 2007 of a Division Bench of the High Court Division in Civil Revision No. 35......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....during pendency of the case, pre-maturity of the pre-emption case is thus cured…………………….(9 & 10) Cases Referred to— Noab Mian Bhuiyan. V. Golam Hossain, 13 DLR 889; Muhammad Meher Ali Mondal V. Muham­mad Karam Ali Laskar, 17 DLR 365; Muhammad Ewaz V. Birj Lai (ILR 1 All...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Appellant. Abdus Salam, Advocate instructed by Nawab Ali, Advocate-on-Record— For the Respondent Nos. 1-3. Ex parte—Respondent No. 4 Civil Appeal No 99 of 1985 (From the judgment and order dated 16.5.85 passed by the High Court Division, Dhaka in Civil Revision No. 616 of 1984). ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......in, (Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated 25.8.1988 passed by the High Court Division, Dhaka in Civil Revision No. 402 of 1988). ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....y another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 19 of 1988. (From the judgment and order dated 10.12.1986 passed by the High Court Division, Dhaka in Civil Revision No. 255 of 1986). ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....igh Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......fzalur Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.2. Civil Appeal No. 42 of 1989. (From the judgment and order dated 10.1.1989 passed by the High Court Division, Jessore Bench, Jessore in Writ Petition No.......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......hich was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appli­cation holding that there was a sale of the assets of the ass......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80