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M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....resaid, this appeal is dismissed without any order as to costs.  Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......sp;             Mohammad Fazlul Karim J. - This appeal at the instance of the plaintiff-appel­lant is directed against the judgment and order dated 4th April 1996 passed by the High Court Division in Appeal From Original Order No. 82 of...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

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

..............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 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......ted February 6,2000 passed by the High Court Division in Writ Petition No. 227 of 2000) Judgment Md. Ruhul Amin J.- This appeal, by one of the Writ Respondents, has been filed against an ad-interim order dated February 6, 2000 of the High Court Division in Writ petition No. 227 of 2000. Th......uary 6,2000 passed by the High Court Division in Writ Petition No. 227 of 2000) Judgment Md. Ruhul Amin J.- This appeal, by one of the Writ Respondents, has been filed against an ad-interim order dated February 6, 2000 of the High Court Division in Writ petition No. 227 of 2000. The writ p......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. ..

Category: Administrative Law | Date: | Hits: 152

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

.... For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......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. ...... 1976 when he remained absent temporarily stranded in Karachi where he had gone in course of his employment to the head office of Latif Bewani Jute Mills Ltd., where he had been serving since 1953 in order to export jute gods, but could not return back to Bangladesh till August, 1976 but the members......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. ..

Category: Civil Law | Date: | Hits: 128

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

....pondents  Judgment 16th November 2003  Lawyers Involved:  Syed Ziaul Karim, Advocate, instructed by Santi Ranjan Karmakar, Advocate-on-Record-For the Appellants.  A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4.&nb......, 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. ......sp;     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 the High Court Division in Civil Revision No. 2181 of 1997 dischargin......, 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. ..

Category: Property Law | Date: | Hits: 73

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

....irmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ......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. ......d 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 the High Court Division in Criminal Miscellaneous Case No.515......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. ..

Category: Procedural Law | Date: | Hits: 104

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

....the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......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. ......Shafique 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)  Judgm......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. ..

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

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....ogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......; Mohammad Ali, Advocate-on-Record, For Respondent Nos.1-4   Respondent Nos.5-26- Not represented.   Civil Petition For Leave To Appeal No. 503 of 2004. (From the judgment and order dated 02.11.2003 passed by the High Court Division in First Appeal No.377 of 1996.)  Jud......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ..

Category: Property Law | Date: | Hits: 66

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

....hy;sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......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. ......casioning failure of justice, review petition should not be entertained lightly. The provisions under Articles 23 and 24 of the President’s Order 16 of 1972 are intended to cover only orders passed with jurisdiction and these provide no protection to orders passed without jurisdicti......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. ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....AD) 2006, 83. ......Appellant. Vs. S.M. Ali Imam and others.... Respondents   Judgment March 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 p......nbsp;                         Md. Ruhul Amin J. - This appeal is against the order dated December 6, 2000 of a Division Bench of the High Court Division in Writ Petition No. 466......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

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

....above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......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. ......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 High Court Division in Criminal Miscellaneous Case No. 3446 of ......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. ..

Category: Criminal Law | Date: | Hits: 103

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

....is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ......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. ............................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005  Criminal Petition For Leave To Appeal No. 135 of 2O04. (From the judgment and order dated 15.02.2004 passed by the High Court Division in Death Reference No. 40 of 2001 and Crimi......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. ..

Category: Criminal Law | Date: | Hits: 83

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

....egarding maintainability in accordance with law.  Ed. ...... 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. ......ruct­ed 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 Revisi...... 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. ..

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

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....ind any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......Lawyers Involved:  Md. Nowab Ali, Advocate-on- Record-For the Petitioner.  Not represented- Respondents  Civil Petition For Leave to Appeal No. 1089 of 2002 (From the judgment and order dated 30.4.2002 passed by the High Court Division in Civil Rule No. 110 (con) of 1999)  ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 133

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

.... a Single Bench of the High Court Division discharging the Rule affirming the judgment and decree dated 31-1-1991 passed by the learned Senior Assistant Judge and S.C.C. Judge, 1st Court, Chittagong Sadar in S.C.C. Suit No. 1 of 1989 decreeing the same.  2. The landlord, respondent  No. 1......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. ......ate-on-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)&nb......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. ..

Category: Property Law | Date: | Hits: 54

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

.... the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ......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. ...... Rafique-Ul-Huq, Senior Advocate, instruct­ed by A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent      Criminal Appeal No. 5 of 2004 (From the judgment and order dated 1st and 2nd November 2003 passed by the High Court Division in Contempt Petition No. 3 o......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. ..

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

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

....e Court Appellate Division (Civil)  Present: Md. Ruhul Amin, J. K. M. Hasan, J. Md. Fazlul Haque, J .  Syed Ehsanul Hussain and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Respondent.&nb......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. ......s 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 Court Division in First Miscellaneous Appeal No. 51 of 1998 ......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. ..

Category: Property Law | Date: | Hits: 110

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

....wed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......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. ...... Fida M. Kamal, Additional Attorney General- For the Respondent. Civil Appeal No. 257 of 2003. Judgment Mohammad Fazlul Karim J.- This appeal by leave is directed against the judgment and order dated 28.11.2001 passed by the Administrative Appellate Tribunal dismissing the Miscellaneous ......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. ..

Category: Administrative Law | Date: | Hits: 162

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

....: Md. Ruhul Amin J Syed J. R. Mudassir Husain J  Md. Mojibul Huq alias Shaikh Md. Mojibul Huq………..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents J......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. ......ed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1.  Not represented- Respondent Nos. 2-7.  Civil Appeal No. 52 of 2001.  (From the judgment and order dated June 8, 2000 passed by the High Court Division in Civil Revision No. 5011 of 1998). ......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. ..

Category: Procedural Law | Date: | Hits: 111

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

....vision (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka ……..... Appellant Vs. Abdul Majid Howlader and others……….....Respondents Judgment December 9, 2003 Result: The App......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. ...... Nos. 1-8 & 11-13. Not represented- Respondent Nos. 9-10 & 14-23. Civil Appeal No. 66 of 2003 Judgment Md. Ruhul Amin, J. - This appeal by leave is against the judgment and order dated August 7, 2001 of a Single Bench of the High Court Division in Civil Rule No. 800 (condo......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. ..

Category: Limitation Law | Date: | Hits: 189

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

....to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ...... 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: ...... Criminal Appeal Nos. 42 and 43 of 2003 Judgment Amirul Kabir Chowdhury J.- Criminal Appeal No. 42 of 2003 is at the instance of convict appellant Shafiuddin Sheikh against the judgment and order dated 30.04.2001 passed by the High Court Division in Criminal Appeal no. 2180 of 1997. 2. ...... 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: ..

Category: Criminal Law | Date: | Hits: 97