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Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under sec......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......ed Ali Abbas and others vs. Vishan Singh and others 19 DLR (SC) 278-PLD 1967 (SC) 294. In that case the decision of Ata Ullah Malik was considered and it was observed as under:— "The learned Judges thought that this precedent covered the case before them, but it is to be pointed out that th..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......ereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 as of no legal effect being unconstitutional. 2. The respondent Nos.1-6 filed the aforesaid writ petition No.10238 of 2006 challenging the vires of the impugned No......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......ation training can not be regarded as whimsical and discriminatory being violative of Articles 27, 29 and 31 of the Constitution. Me. Islam next submits that in any view of the matter, the learned Judges of the High Court Division erred in disposing of the writ petition declaring the impugn..Category: Employment/Service Law | Date: | Hits: 122
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......ition No. 2046 of 2008) M. Amirul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent Nos. 2-3. (In Civil Petition No. 2056 of 2008) Civil Petition for Leave to Appeal Nos. 2221-2222 of 2008. With Civil Petition Nos. 2046 & 2056 of 2008......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87....... Petition No. 2975 of 2003 and Writ Petition No. 3217 of 2003) ORDER For reasons to be recorded later on details we hereby pass the following short order:- 1. In the matter of appointment of Judges under Article 98 and 95 of the Constitution the Convention of consultation having been reco..Category: Constitutional Law | Date: | Hits: 233
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......ld pay Tk. 6,00,000/- and the balance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to th......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......ons 406/420 of the Penal Code as because the alleged facts in the F.I.R. disclosed a simple business transaction between the two parties and which calls for civil liability, which the learned Judges of the High Court Division failed to consider in discharging the Rule and as such the..Category: Criminal Law | Date: | Hits: 32
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......r Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No.464 of 2006. (From the judgment and order dated 10th and 13th August,......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......t to suffer rigorous imprisonment for 1 (one) year more. Being aggrieved and dissatisfied thereby, the accused-respondents preferred appeal before the High Court Division and the learned Judges of the High Court Division after hearing the parties arid on perusal of the evidence on..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No.104 of 2005. (From the judgment and order dated 25-10-2004 passed by ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......eferred Criminal Miscellaneous Case No. 2707 of 2004 before the High Court Division under Section 561A of the Code of Criminal Procedure for quashing the impugned judgment and order but the learned Judges of the High Court Division without hearing the petitioners and without considering the..Category: Civil Law | Date: | Hits: 92
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ....... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1-5. Not represented-Respondent Nos. 6-9. Civil Petition for Leave to Appeal No. 547 of 2006. (From the judgment and order dated 21-03-2006 passed b......in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ......, Governing body represented by the Chairman, Mohammadpur Mahila College having entered appearance in the Rule prayed for vacating the order of stay. 3. Upon hearing the parties, the learned Judges of the High Court Division vacated the order of stay vide order dated 21-03-2006 passed in ..Category: Others | Date: | Hits: 84
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ...... tenant in the property in question and shifted to Dhaka with the members of his family and started living at 23/13 Block-F, Joint Quarter, P. S: Mohammadpur, Dhaka. Thereafter, the appellant was informed in 1976 by his relative Abdul Barek Howlader that one A.F.M. Abdul Jobbar, respondent No. 3 e......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......er (Revenue), Bogra to respondent No.3 by the, registered sale deed and after obtaining certificate copy moved the High Court Division by filing aforesaid writ petition and obtained Rule. The learned Judges of the High Court Division thereafter on hearing both sides discharged the Rule holding that ..Category: Tenancy Law | Date: | Hits: 155
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......emorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......appeal on furnishing bank guarantee as the same has not been presented depositing 50% of the decretal 'Money' in the trial as required under Section 7(2) of the Artha Rin Ain, 1990. But the learned Judges of the High Court Division relying on their judgment and order dated 24.06.1999 passed in F..Category: Banking Law | Date: | Hits: 96
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......p; Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 pa...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......ved by that order has to apply to High Court Division under Section 99(b) of the Code within two months from the date of order which requires to be heard by High Court Division consisting of three Judges under Section 99(C) of the Code but in the instant case impugned order was challenged not un..Category: Constitutional Law | Date: | Hits: 114
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......D) 54. Lawyers Involved: A.K.M. Faiz, Advocate, instructed by Taufiuqe Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 556 of 2007. &nbs......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......e cannot be discharged and accordingly rejected this prayer. Being aggrieved and dissatisfied thereby the petitioners challenged the same in the High Court Division by way of revision. The learned Judges of the High Court Division after hearing observed that the trial Court failed to consid..Category: Criminal Law | Date: | Hits: 31
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... October 2, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners Respondents-Not Represented. Civil Petition for Leave to Appeal No. 227 of 2006 ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......h Court on 12-04-2005 and Mohammad Asaduzzaman (Khairul) son of added petitioner-respondent No.6 filed another application for addition of party which is pending for hearing. The learned Judges of the High Court Division passed an order that the application for addition of party would ..Category: Property Law | Date: | Hits: 26
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....to us that this duty is clearly violated when aid, for securing interference by this Court with a judicial order, is given by these officers of the Court to persons who, in their knowledge, are in contempt, i.e. as fugitives from justice, without at the same time ensuring that such persons con......tion, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court. 2. It was contended from the side of the appellants that in the first information report offence alleged against the writ petitioner is a cognizable one and, as such, being...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......period of 20-2-2000 and 23-2-2000 which is before the promulgation of emergency and does not come within the purview of Emergency Ordinance, 2007 and the Emergency Power Rules, 2007 and the learned Judges of the High Court Division considering the facts in issue and law involved in the case, right..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......D) 60. Lawyers Involved: Khan Saifur Rahman, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented–the Respondent. Criminal Petition for Leave to Appeal No. 151 of 2007. (From the judgment and order dated 16-03-2006 passed by......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......sfied thereby preferred the instant criminal petition for leave to appeal. 9. Mr. Khan Saifur Rahman, the learned Advocate appearing for the petitioners, submits that the learned Judges of the High Court Division failed to consider the fact of admitted enmity between the pariti..Category: Criminal Law | Date: | Hits: 22
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......uiyan, Advocate-on-Record-For the Petitioner. Zillul Huq, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1506 of 2005. (From the judgment and order dated 28-11-2004 passed by the......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......ondent No.1 from the period of 23-01-1979 to 11-05-1988 was treated as extraordinary leave without pay. 8. Mr. Sobhan, having pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal w..Category: Employment/Service Law | Date: | Hits: 87
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......oyees of his cadre and grade in the Supreme Court of Bangladesh and those in the Ministry were given pay scale of Tk. 1475-3150/- with effect from 01.06.1991 and the scale of pay was enhanced both for the employees of the Supreme Court and those in the Secretariat to Tk.2250/- with effect from 1......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......ive him and others the same salary and facilities (special allowance) and the Rule was made absolute by judgment and order dated 6.2.1991 wherein it was held that the P.A.-Cum-Stenographers of the Judges of the Supreme Court in the like manner as those of the P.A.-Cum-Stenographers of the Secret..Category: Employment/Service Law | Date: | Hits: 104
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......t filed the writ petition stating, inter alia, that the appellant is a business firm dealing, inter alia, with auctioning business submitted tender in auction tender sale No. 9/97 dated 30.4.1997 for purchase of 2350 pieces of Toshiba Brand Fluorescent Tube Light and 392 sets of National Brand ......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......shy;der sale No. 10/97 and in the absence of any denial from the respondent No.1 and in the face of admitted withdrawal of the goods vide Anenxure-C of the writ petition the observation of the Judges of the Division Bench was wrong in holding that the withdrawal of catalogue No.94 from tend..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....unt of Tk.1,33,77,000/- and the actions of the opposite parties are in effect in total disregard of the decree of the Artha Rin Adalat and order passed by the High Court Division, which is serious contempt of Court and liable to be penalized for their stubborn, arbitrary and illegal acts. ...... Involved: M. A. Wadud Bhuiyan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2006. (From the judgment and order dated 17-05-2006 passed b......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......t at the same time, the contemners stated that if their conduct is found to be contempt of Court they tender unconditional apology to the High Court Division. 7. The learned Judges of the High Court Division upon hearing the parties disposed of the Rule with a direction up..Category: Civil Law | Date: | Hits: 102
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ...... sentence. These matters have beep-disposed of by the judgment and order dated 04-04-2004 passed by the High Court Division. 3. The prosecution case as has been narrated by P.W.1, the informant, that condemned-prisoner Bokkor was the husband of Rangila, the victim. About one year......of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......show that the condemned-prisoner was not at home in the night of occurrence. 12. Considering all these facts and circumstances of the case, we one of the view that the learned Judges of the High Court Division correctly arrived at a decision after considering all material f..Category: Criminal Law | Date: | Hits: 32
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......e) instructed by Md Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No.126 of 2000. (From the judgment and order dated 14th June, 2000 passed by this Division in civil petition for leave to Appeal No. 1243 of 1998). Judgment Syed JR Mudassir Husain J.- This appeal ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......an upon receipt of Taka 50 lacs from him but without success. Being aggrieved the writ-petitioner-respondent moved the above mentioned Writ Petition before the High Court Division whereby the learned Judges passed an order holding that the respondent is not liable to serve out the unserved portion o..Category: Criminal Law | Date: | Hits: 37
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