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Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ......sp; M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 13.07.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 16..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....eyond the pleadings and the impugned order dated 27th October, 1998, that the learned Judges of the High Court Division were in serious error in declaring withholding of result of the petitioner as unlawful, since none of the order impugned in the writ petition shows that result of the petitioner wa......M. Zahir, 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) &......"Mr. Hasan Ariff, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an order withholding B.Sc. (Honours) and M.Sc. examination results and thereupon erred in holding ..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ugned judgment submitting that the High Court was incompetent to disturb the finding of fact arrived at by the final Court of fact on consideration of evidence on record inasmuch as such erred in law in disturbing the finding as to adverse possession arrived at on the basis of the evidence and......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being......r non consideration of evidence or any error of law or procedure affecting the merit of the case. 25. The result is, therefore, this appeal is allowed with costs. The impugned judgment and order of the High Court Division are set aside and those of the learned District Judge duly affirmin..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......bsp; (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhak......wed the same and dismissed the suit. The plaintiff-petitioner's revision, Civil Order no. 4830 of 1998, was summarily rejected by a learned Single Judge of the High Court Division by judgment and order dated 26.10.1998 from which the plaintiff-petitioner has preferred this petition for leave to ..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....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. ......b Hossain, Advocate-on-Record- For the appellant 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 ......p; M. M. Ruhul Amin J.- These two appeals by leave are from the judgment and order dated 19.03.1998 passed by the High Court Division in Civil Revision Nos. 4183 and 4184 of 199..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....ent and decree passed by the appellate court was set aside. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division committed an error of law in reversing the decision of the appellate court in view of the finding of the appellate court t......ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb......lam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.) ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
.... making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam......w. No order as to cost. Ed. ......p; Syed J. R. Mudassir Husain J:- This appeal by leave, at the instance of the pre-emptee, is directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....having not been posted in the cause list for "hearing of the Rule", but was posted for hearing as "application", the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in dischargin......sp; Abdus 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) ...... Abdus 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) J..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....om the police reports (charge sheets) that the petitioner had already been dismissed from service and as such we do not find any reason to hold that trial of the petitioner without sanction is bad in law. In such view of the matter the submissions do not merit consideration. Moreover, the petition......, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 2179...... Court Division in Criminal Miscellaneous Case No. 2179 of 1994.) Judgment Amirul Kabir Chowdhury J:- Accused Abdul Jalil Khan, the petitioner seeks leave to appeal against the judgment and order dated 11.04.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneo..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....oyee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower busi&sh...... by Mr. B. Hossain, Advocate-on-Record-For the Petitioner Not represented-the Respondent. Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). ......sp; Amirul Kabir Chowdhury J:- The delay is condoned. At the instance of the State this petition has been preferred seeking leave to appeal against the judgment and order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999 allowin..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......nbsp; Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Division in Criminal Miscellaneous Appeal No. 87......; Syed J. R. Mudassir Husain J.- The accused petitioner seeks for leave to appeal against the judgment and order dated 06-04-2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneo..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....na Nirapatta Ain is illegal inasmuch as the investigating officer during investigation did not find any material to make out such a case and so he did not submit charge sheet under the aforesaid law. More so, according to the learned Advocate-on-record, the Tribunal itself gave order to sub......din Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the High Court in Criminal Miscellaneous Case No. 5869 of 20......nbsp; Syed J. R Mudassir Husain J.- This Criminal Petition for leave to appeal has been filed by the accused petitioner Enamul Haque against the judgment and order dated 27th June, 2001 passed by the High Court Division discharging the Rule obtained in Crimi..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ion applies according to which imposition of a penalty of reduction in rank may be made for specified period. But in the order complained of no such period being mentioned it could no be sustained in law and the appeal filed by the present petitioner bank before the Administrative Appellate Tribun...... Mohammad Fazlul Karim, J Amirul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgm......llate Tribunal in Appeal No. 57 of 2002.) Judgment Amirul Kabir Chowdhury J:- Janata Bank, its Managing Director and Assistant General manager seek leave to appeal against the judgment and order dated 07.09.2003 passed by the Administrative Appellate Tribunal in Appeal No. 57 of 2002 dism..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ppeal is dismissed. Ed. ......nd July 2002 Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioners. Not Represented-Respondent. Criminal Petition No. 136 of 2001. (From the judgment and order dated 19-4-2001 passed by the High Court Division in Criminal Appeal No. 2527 of 1997). ..Category: Criminal Law | Date: | Hits: 99
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......rim Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant Not Represented-Respondent Criminal Petition for Leave to Appeal No 40 of 2000. (From the Judgment and Order dated 10th June 1999 passed by the High Court Division in Criminal Revision No. 529 of 199......p; Md. Ruhul Amin J:- This petition for leave to appeal has been filed by the accused-petitioner against the judgment and order dated 10th June, 1999 of a Division Bench of the High Court Division discharging the Rule..Category: Criminal Law | Date: | Hits: 90
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....f the High Court Division. 7. The learned advocate-on-Record has placed the impugned judgment of the High Court Division before us and contended that the High Court Division committed error of law in upholding the conviction and sentence of the petitioners of the basis of confessional stateme......d ......p; Syed J. R. Mudassir Hussain J:- The accused leave petitioners in custody have sought for a leave to appeal against the judgment and order dated 5-2-2001 passed by a Division Bench of the High Court Division in Criminal Appeal No. 18..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....the hostile attitude of the accused persons the informant and his sons rushed to their dwelling house and took shelter in their respective dwelling huts. The accused persons then by forming an unlawful assembly at about 8.00 A.M. entered into the dwelling house of the informant and started thro...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s......bsp; M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 02.06.1999 passed by a Division Bench of the High Court Division in Criminal Appeal No. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....spondent acted as local agent engaged as a daily rated employee. The learned Counsel lastly submitted that he High Court Division was wrong in not declaring the impugned judgment (Annexure-H) without lawful authority on the ground that the Labour Court has made out a third case holding that the firs...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Involved: Abd......). Judgment Mohammad Fazlul Karim J.- This appeal by leave is directed against the judgment and order dated 30th May 2000 passed by the High Court Division in Writ Petition No. 2095 of 1999 discha..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....nt and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C of the Writ petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio......lso Reported in: ......d 3rd November, 1999 passed by the High Court Division Writ Petition No. 3453 of 1998) Mohammad Fazlul Karim J.- The appellants (writ-respondents) obtained leave against the impugned judgment and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14)..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to this appeal. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing for the defendant appellants submits, inter alia, that the learned Single Judge of the High Court Division erred in law in setting aside the concurrent finding of facts of both the courts below with regard to the pos......y order as to costs. Ed. ...... Revision No. 1730 of 1992) Judgment Amirul Kabir Chowdhury J.- Being aggrieved by judgment and order dated 31.07.1997 in Civil Revision No. 1730 of 1992 passed by a Single Bench of the High Court..Category: Property Law | Date: | Hits: 57
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