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Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)

.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......Zainul Abedin, Advocate-on-Record- For the Petitioners A. F. Mushfiqur Rahman, Advocate, instructed by Toufiqe Hossan, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1037 of 2007 (From the judgment and order dated the 14th ......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Bangladesh represented by the Secretary, Ministry of Home Affairs and others .......................Petitioners Vs. Md. Waziullah............................ substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)

.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. Chowdhury, Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1572 of 2004 (From the judgment and order dated 11.11.2003 passed b......d J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, and others........ ....................Petitioner Vs. Md. Abdur Rashid and others ........ 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..

Category: Employment/Service Law | Date: | Hits: 69

Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)

....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......structed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner, Syed Mahbubur Rahman, Advocate on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 855 of 2007 (From the Judgment and order dated 8-5-2007 passed by the Hig......(Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: Sarwar Ahmed......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..

Category: Civil Law | Date: | Hits: 111

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution d...... Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respond......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......inion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in t...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsu......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Crim......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………………&he......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..

Category: Criminal Law | Date: | Hits: 79

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... Not represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 360 of 2003). Judgment: &......;…………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka an...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 106

Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)

....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......d order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). Judgment Amirul Kabir Chowdhury J. - At the instance of Arif A Shekha and nine others Civil Petition for Leave to Appeal No. 99 of 1998 was preferred against the judgment and order dated 20 July 1994 p......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..

Category: Business or Commercial Law | Date: | Hits: 114

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ook over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. Thus both the appeals are allowed and judgement and decree of the Hi......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......�……………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Respondent Judgment February 15, 1990. The Non Agricultural-Tenancy Act, 1949 (XXIII of 1949), section 7 The Evidence Act, 1872 (I of 1872), section..

Category: Property Law | Date: | Hits: 38

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......8-1998 issued by the appellant withdrawing the letter of intent dated 3-8-1998. 2. The respondent No.1 filed the above writ petition stating that the appellant floated a tender inviting proposals for supply, installation and maintenance of 100 sets of 160 KVA diesel generators for maintaining un...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... in the ground water did not exceed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare ......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2......round Water Management Ordinance, 1985 (Ordinance No. 27 of 1985) The preamble to this Ordinance states that it has been enacted for the purpose of managing the ground water resources for agricultural production and for matters connected therewith. The Ordinance provides for licensing of tu..

Category: Environmental Law | Date: | Hits: 255

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ...... 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..

Category: Banking Law | Date: | Hits: 124

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ......missed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......th the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for...... Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Ajmalul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by......of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgement April 25, 2005 ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 97

Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......awyers Involve: Md. Ozair Farooq, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Petitioner Not represented-Respondents Civil Petition for leave to Appeal No. 137 of 2005. (From the Judgment and order dated 28.11.2004 passed b......ir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: ......instituted Miscellaneous Case No. 15 of 1999 before the Assistant Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 of the Non-agricultural Tenancy Act claiming to be contiguous owner of the case land and that the petitioner purch..

Category: Property Law | Date: | Hits: 35

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......9, 2006. Result: The petitions are dismissed. Application of writ juridiction against the judgment and decree passed by the Artha Rin Adalat Since there is specific remedy in the statute for filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the afor......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are...... is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ...... Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment Augus......ourt Appellate Division (Civil) Present: Syed J.R.Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Ba......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......e, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind ......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) ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sing out of the said kalia P.S. Case No.5 of 1982 by a judgment dated 3-4-83 and was sentenced to 2 years rigorous imprisonment and a fine of Tk.50,000/- in default to further rigorous imprisonment for 1 year. He was also convicted by the same Martial Law Court in Case No. 16 of 1983 arising out......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..

Category: Criminal Law | Date: | Hits: 33

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