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Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 20......l Islam Bhuiyan, Advocate-on-Record- For the Respondents. Civil Appeal No. 315 of 2001. Judgment Md. Ruhul Amin J.- This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 o..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....r of rejection by filing Writ Petition No. 785 of 2000. A Division Bench of the High Court Division disposed of the writ petition upon making direction to the Adalat "to dispose of the issues of law first and postponed settlement of facts until the issues of law have been determined". Ther...... KM Hasan J Md. Fazlul Haque J Islami Bank Bangladesh Ltd. ..........Appellant Vs. Sub‑Judge and Additional Artha Rin Adalat & others...Respondents Judgment &nb......n the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....f the resolution taken by the commissioners was not legal and that the meeting so convened for taking final decision on the alleged resolution of the commissioners for removal of the petitioner was unlawful. 3. The High Court Division while issuing the Rule stayed th...... Md. Fazlul Haque J Abdur Rashid (Md) ...............Petitioner Vs. Local Government Rural Development and Cooperatives, Local Government Division and others..........Respondents ...... Md. Ruhul Amin J.- This petition for leave to appeal by the writ‑petitioner is against the order dated August 26, 2002 of a Division Bench of the High Court Division in Writ Petition No. 3668..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....d corrugated iron sheets, shortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
3. The petitioner company carries on business in man......
SJR Mudassir Husain J
AS Ahammed J
Anowar Steel Mills Ltd...........Petitioner
Vs.
Secretary, Ministry of Finance, Internal Resources Division, Government of Bangladesh and others ….... Respondents
Judgment
January 26, 2003.
The Value Added Tax Ac......te with him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal N..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....3232/1 relied upon by the trial Court came to an erroneous finding that the pre‑emptors were the co-sharers of the land sought to be pre‑empted, that the High Court Division erred in law in not considering that the Court of appeal below was wholly wrong in holding that Khatian No. 3......Husain J AS Ahammed J Alfazuddin Ahmed ........Appellant Vs. Abdur Rahman and others.................Respondents Judgment ...... Md. Ruhul Amin J.- This is an appeal, by leave, by the pre‑emptee (pre‑emption was sought under section 24 of the non-agricultural Tenancy Act, 1949) against the judgment and order dated July 2 1, 1991 of a Single Bench of the High Court Division in Civil Revision No. 523 of..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....nd the respondent guilty of the offence of misconduct the reduction of penalty from major punishment to minor punishment was unwarranted, illegal and without jurisdiction and that AT and AAT erred in law in reducing sentence as because Tribunals have no authority to reduce the sentence awarded by th...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ......n, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 98 of 1999. (From the Judgment and order dated October 26, 1998 passed by the Administrative Appellate Tribunal in Appeal No. 9 of 1998..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
.... further contended that the seized 2 arms were found with the other 2 accused‑persons and the appellants were convicted assuming their constructive possession thereof which is bad in the eye of law. 7. Mr. Malek lastly, contended that the prosecution to prove the allegation that t................Appellants Vs. State …..Respondent Judgment January 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrest......wab Ali, Advocate‑on‑Record‑For the Appellants. Ex parte‑The Respondent‑State. Criminal Appeal No. 26 of 2001. (From the judgment and order dated 29‑6‑2000 passed by the High Court Division in Criminal Miscellaneous Case N..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....p; KM Hasan J.- These appeals are taken up together and disposed of by this judgment as the facts and law points involved are similar, except that no charge was framed against the accused respondents i...... Ed. ......eal No. 18 of 2000). Ex‑Parte‑Respondent. (In Criminal Appeal Nos.12, 17, 21 & 22 of 2000). Criminal Appeal Nos. 12, 21 and 22 of 2000. (From the judgment and order dated 23‑6‑1999 passed by the High Court Division in Criminal Miscellaneous Case ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....sp; “To act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial principles after taking into account the facts and circ...... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan......shan, Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Respondent. Criminal Appeal No. 20 of 2002. (From the judgement and order dated 4th June, 2001 passed by the the High Court Division in Criminal Revision No. 1965 of 1..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....longings by the gift to a member of the same joint family. He married to live a family life with the plaintiff’s mother. Therefore, we hold that the deed of gift was not made in accordance with law. The date of his death does not destroy the character of the joint family when the plaintiff wit...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J Abu Sayeed Ahammed J Cinmoy Chowdhury and another .............................Appellants Vs. ......e Appellants. Not represented‑Respondent Nos. 2‑38. Civil Appeal No. 13 of 2001. (From the judgment and order dated 24‑5‑2000 passed by the High Court Division in FA No. 213 of 1996). ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....cy. The learned Judges of the High Court Division have also failed to consider that the petitioner has good prima facie case with balance of convenience and inconvenience in his favour, as equity and law have always accustomed to compel the performance of contract and trust. The learned Counsel furt......Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Judgment...... Not represented‑Respondent Nos. 4‑268. Civil Petition for Leave to Appeal No. 1378 of 2002. (From the judgment and order dated 25th August, 2002 passed by the High Court Division in First Miscellaneous Appeal Tender..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ......on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 694 of 2002. (From the judgement and order dated 4‑3‑2002 passed by the High Court Division in Civil Revision No. 4925 of 20..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... trial court decreed the suit on the findings that although the Ekrarnama is a genuine document yet, as the Ekrarnama is not a registered one as such on the basis of the same defendant No.1 under the law cannot go for enforcement of the right of redemption and as such the order passed by the Land Ad...... 209, 8 BLC (AD) 67. ......dated July 23, 1999 passed by the High Court Division in Civil Revision No. 2118 of 1993) Judgment Md. Ruhul Amin J.- This appeal by the plaintiff by leave is against the judgment and order dated July 23, 1999 of a Single Bench of the High Court Division in Civil Revision No. 2118 of..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....ontractor which has not been denied while passing the award. 5. Leave has been granted to consider as to whether the learned Judges of the High Court Division on misconception of law held that the award was vague in the matter of interest inasmuch as the learned Judges of the Hi......Civil) Present: Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Ban......ossain, Advocate‑on‑Record‑For the Respondent (In Civil Appeal No. 97 of 2000). Civil Appeal Nos. 97 and 98 of 2000. (From the judgment and order dated 21st June 1999 passed by the High Court Division in First Appeal No. 371 of 1996). ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....the notice dated October 23, 2000 issued under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982, hereinafter referred to as the Ordinance, to have been issued without lawful authority and is of no legal effect. 3. The impugned notice was issued proposing requi......ccordingly the petition is dismissed. Ed. ...... Md. Ruhul Amin J: Delay of 7 days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated March 13, 2002 of a Division Bench of the High Court Division in Writ Petition No. 5539 ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
.... High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. 2. The respondent No. 1 filed an application u...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossai...... Md. Faziul Karim J.‑ The Writ respondent-petitioners seek leave to appeal against the impugned judgment and order of the High Court Division making the Rule absolute declaring the impugned order passed by the..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....sh suit on the same pleadings for the same reliefs on giving a different cause of action having no basis of substance to substantiate the same but only for the purpose of overriding or surpassing the law and the learned trial Court committed an error in rejecting the application for rejection of the...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result......Revision No. 1111 of 2002. Judgment Faruque Ahmed J.—This Rule at the instance of the defendant-petitioner was issued directing the plaintiff-opposite No.1 to show cause as to why the order 12‑2‑2002 passed by the learned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... of shareholders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3 and appellant No. 5 and they are still lawfully holding the said, 200 paid up shares in the company, but Tofayel Ahmed fraudulently omitted...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......ecord‑For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgme..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....aside its order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or tribunal ca......nt: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respo......ve remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation or undue influence etc has no legal effect and the Co..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....having a special power authorising him by Anwarul Islam to do everything necessary for him to do in respect of his cheques..............that Gulzar Rahman, being a duly constituted Attorney under the law of Power of Attorney Act, is competent to file the complaint‑petition in Court and to do a......sion (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents Judgment October 28, 2002. ...... Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Criminal Petition No. 227 of 1999. (From the judgment and order of July 13 of 1999 passed by a Division Bench of the High Court Division in Criminal Miscella..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
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