Search Options

Judgment Advanced Search

Displaying 2001-2020 of 2687 results.

Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)

.... Dhaka to sign the pay bills of the teachers and the staffs of Begum Ayesha Pilot Girls High School. 2. The High Court Division upon hearing the learned Advocate for the petitioner allowed the prayer for direction to the respondent No.5 to sign the pay bills of the teachers and staffs as Cha......ioners. A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No.1. Not represented - Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1252 of 2005. (From the Judgment and Order dated August 28, 2005 passe...... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ...... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 96

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

....re the Court for adjudication on merit or when the necessity or justification or reasonableness of hearing the matter on merit would ought way the hardship to other side in case of condonation, the prayer from the side of the Government for condonation of delay has been considered with somewhat ...... with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Judgment MM Ruhul Amin CJ.- This appeal, by leave, is di...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 241

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....tition for Leave to Appeal No.146 of 2008 are common and the matter in issue in the Appeal and the Criminal Petition is also common i.e. granting of the bail in the writ petition and rejection of the prayer for bail in a pending Criminal Appeal No. 3990 of 2007 filed against the judgment and order d...... 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Judgment Md. Ruhul Amin CJ.- This Appeal and the Criminal Petition for Leave to Appeal were heard together since the respondent No.1 in Civil Appeal No. 36 of 2008 and......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...

Category: Criminal Law | Date: | Hits: 51

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert to resolve the dispute. The trial court accordingly allowed prayer by order dated 31.8.2003. The plaintiff petitioner challenged the said order by filing civil......spondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil Petition for Leave to Appeal No. 498 of 2004. Judgment       &nb......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..

Category: Property Law | Date: | Hits: 36

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

.... to bring on record the said rele­vant documents for consideration of this Court which unfortunately could not be produced before the Tribunals. 7. In the special facts of the case, the prayer was granted and so also the leave. 8. At the time of hearing of the appeal, however, ...... was opposite party No. 3 in the original application, being aggrieved by the said concurrent decision, obtained leave to appeal from the same. 2. The respondent filed case No.129 of 1991 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunal Act, 1980......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

.... therefore liable to be set aside."  10. Further the records also show that the respondent prayed before the' Enquiry Officer for calling the records of the case but the said prayer was rejected by the Enquiry Officer. In any view of the matter the instances on particu­......ondent denied both the charges. Thereafter an enquiry was held by A.F.M. Aminul Islam, the Subordinate Judge, who after enquiry found the respondent guilty of negli­gence of duty and corruption for not handing over the files of three special tribunal cases to his successor and also for not o......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

....inst the judgment and order dated 1.3.2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1627 of 2001 filed under section 561A of the Code of Criminal Procedure rejecting the prayer for quashing the judgment and order dated 16.2.2000 passed by the learned Special Tribunal ......e judgment and order dated 1.3.2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1627 of 2001 filed under section 561A of the Code of Criminal Procedure rejecting the prayer for quashing the judgment and order dated 16.2.2000 passed by the learned Special Tribunal Judge, ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..

Category: Criminal Law | Date: | Hits: 70

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....r succession certificate was filed earlier as Miscellaneous Case No. 203 of 1981 but the same was withdrawn with permis­sion to sue of terse. A fresh petition was there­after filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite p......ar of liberation they left Khulna town and during that time Haladhar Chandra Dey left gold ornaments, silver ornaments and bronze ornaments as described in annexure 'A', 'B' and 'C' to the petition for succession certifi­cate in the iron safe in the shop. All these orna­ments were taken ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)

....d leave con­tending that High Court Divison was not at all justified in making the order of remand instead of disposing of the appeal on merit, particularly when the parties before it never made any prayer for remand. 8. This Division in the background of the facts on the record observed that it...... Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment Md. Ruhul Amin J. - This petition for review has been filed against the judgment dated May 18, 2003 dismissing the Civil Appeal No. 77...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..

Category: Property Law | Date: | Hits: 67

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....common well wishers the parties have compro­mised the matter out side the court and the par­ties would not contest the appeal before the High Court Division. In the compromise peti­tion prayer was made to allow the appeal and to grant probate upon the said will and according­ly th......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was con­testing in the said Probate C......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..

Category: Property Law | Date: | Hits: 74

Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)

....sition to place his case in either of the two forums although he is in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending......;     KM Hasan J.- This appeal arises against the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave petition ar......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..

Category: Procedural Law | Date: | Hits: 78

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....t Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60. The plaintiff also made further prayer for declara­tion that "Ga' schedule land is not the part of acquired land published......the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Government of Bangladesh and other Government O......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..

Category: Property Law | Date: | Hits: 22

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....le land in favour of the respondent No. 4. It was the positive case of the pre-emptor the transaction was in effect not an exchange as camouflaged, rather it was an out and out sale. 3. The prayer for pre-emption was opposed by the pre-emptee appellant and respondent No. 4 (Opposite Party......d the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a col­orable transaction upon showing exchange of 'ka' schedule land in favour of pre-emptee for 'kha' schedule land in favour of the respondent No. 4. It was the positive case of the pre-empt......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....e Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share of the sui......991 (Civil Revision No. 139 of 1989, Comilla) mak­ing the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the G......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

.....1 and as such that fact should have been noticed of the learned judges before recording the office order dated 12.3.1996". "For that facts and circumstances of the case the prayer for condonation of delay should have been granted and the order of the High Court Division ...... leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number aris......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....ire any ownership, title and/or right over the goods in question. 9. The learned advocate further submits that the suit as framed is of conversation of the goods of the plaintiff. The plaintiff's prayers in paragraph "B" are that "pass a decree in favour of the plaintiff and against the defendan......ion Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of import­ed goods or price of the goods amounting to Tk. 4, 81,516.00. mes......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..

Category: Civil Law | Date: | Hits: 79

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....common well wishers the parties have compro­mised the matter out side the court and the par­ties would not contest the appeal before the High Court Division. In the compromise peti­tion prayer was made to allow the appeal and to grant probate upon the said will and according­ly th......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was con­testing in the said probate c......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..

Category: Civil Law | Date: | Hits: 114

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....d Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants including the present Respondent Nos. 1 and 2 stating, inter alia, that on the prayer of the defendant Nos. 1 and 2 the Bank by its sanction letter dated 16.7.1995 allowed loan ......3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants includin...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)

....ection 14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. 2.  Criminal Miscellaneous Case was filed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for antici­patory bail. The High Court Division by the order dated December 10, 1997 up......14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. 2.  Criminal Miscellaneous Case was filed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for antici­patory bail. The High Court Division by the order dated December 10, 1997 upon issu...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ..

Category: Criminal Law | Date: | Hits: 64

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....s to the suit for specific per­formance of contract by being duly substituted of the deceased brother. 8. Mr. Fazlul Karim, the learned counsel submits that the courts below rejected the prayer for pre emption on consideration of the facts that the pre emptor respondents were duly subs......he kabala in favour of the pre-emptee appellant, subsequent­ly, when the attorney failed to execute and reg­ister a Kabala in favour of the pre-emptee appellant she brought O.S. No. 9 1975 for spe­cific performance of contract and obtained an ex parte decree which was executed and a ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..

Category: Property Law | Date: | Hits: 28