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Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....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. ......d Executing Court was pleased to allow time. It has further been stated by the appellant that their Lordships Mr. Justice Mahmudul Amin Chowdhury and Mr. Justice Bazlur Rahman Talukder on 7.2.1996 recorded an order in Lawazima matters to supply correct address of the plaintiff respondent within......hout 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
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......ange of his property in India. It was the case of the plaintiff that he is in possession of the land in suit since 1356 B.S and that during R.S operation defendants managed to get the land in suit recorded in their names and on the basis of the said wrong recording raised claim in respect of the......review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..Category: Property Law | Date: | Hits: 29
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....as price for the goods not delivered by the bank, though the plaintiff did not make any payment for the goods in question." "He further contends that the learned judges of the High Court Division wrongly held that the suit is not barred by limitation as their leaderships held that Article 120 of......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. ....... 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
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......uit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....learned Deputy Attorney General appearing for the opposite party petitioner (civil Petition No. 326 of 1997) submits that the learned Appellate Tribunal upon a misconception of law and facts wrongly held that the Metropolitan Police Commissioner, Dhaka ceased to have jurisdiction for ta...... and cloths to Dhanmondi Police Station with the help of another police sergeant and handed over the driver, the Microbus and two bales of Indian cloth and lodged First Information Report which was recorded as Dhanmondi P.S. Case No. 61 (6) 84 under Section 156 (4) of the Customs Act. It is the c...... of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....e in the bainapatra and moreover, the learned single Judge of the High Court Division without arriving at a specific finding that the signatures of Suresh chandra Sen in Exhibit-1 were forged wrongly held that bainapatra was not genuine, and as such the learned Single Judge of the High Cour......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......he appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......s nothing transpired against them during about 130 days from 7-3-1999 (date of occurrence) to 17-7-1999 a total 28 (twenty-eight) persons were examined by the police and their statements were recorded under Section 161 of the code of Criminal Procedure and out of which 9 (nine) person were ......bstances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ...... 2. Facts, in short, are that one Ahmed Ali said to have been the owner of the land claiming which plaintiffs have filed the suit. In the revenue record of different times Ahmed Ali's name was recorded. Ahmed Ali settled six kanis of land by the ext.1 dated June 1, 1891 to Bashir Mohammed a...... without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......sional statement was recorded were not filled up and so in view of decision reported in 17 BLD 352 the confessional statement of the petitioner can not be relied upon, the Magistrate who recorded down the confessional statement also did not ask the petitioner as to whether or not ......Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... acting of solenama and compromise decree were merely paper transactions and that she came to know for the first time about the compromise decree when respondent No.1 tried to get his name recorded in the B.S. Khatians and When she became fully aware after taking certified copies o......hout any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....Act, 1913 and as such it can not be said to be 'body corporate' with in the meaning of Section 2(b) of the Criminal Law Amendment Act, 1958 as amended in 1978 and that the High Court division wrongly maintained that the petitioner is a public servant and is liable to be tried by the Special......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......inal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..Category: Criminal Law | Date: | Hits: 40
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....is a building and on the gazette notification in respect of the abandoned buildings to hold that the suit property is not an abandoned property. He further submits that High Court Division wrongly shifted the onus on the defendant petitioners without appreciating that the corporati......li at different time transferred different quantum of land to various persons and delivered possession there of to them; Safar Ali purchased the suit land from the heirs of C. S. and S. A recorded tenants by Kabala Nos. 4683 and 9250 while in possession the said Safar Ali sold the suit ......t aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......sted the suit and filed written statement stating inter alia that the suit plot was recorded in the name of Yad Ali and during S.A operation the some was recorded in the names of his heirs in S. A khatian No.133; the vendors of the alleged kabala Nos. 4683 and 9250 as referred to in paragraph-4 ..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......ity of the appellant". Although it was claimed by the respondent (in the AAT), the then Secretary of the ministry of LGRD and co-operatives gave personal hearing to the appellant and formally recorded the final decision and that on his transfer the said decision was only communicated b......e No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... and as such non compliance there of in no way disentitled the appellant from having a decree as prayed for, if the same is available on the materials on record, Since on the materials on recorded the plaintiff was found to be entitled to a decree sought for in the suit and the same ha...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...... ends of justice and for proper adjudication of the points involved, the cases should go on remand to the lawyer appellate Court in order to reassess the evidence of the parties. Examine findings recorded by the trial court giving reasons either by upholding or reversing the same following str...... 1 ADC (2004) 217. ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ...... witness No.16 S. M. Zillur Rahman lodged another first information report with Tejgaon police Station over the same occurrence but the police, without recording that information as an F.I.R. recorded the same as a G.D. Entry No. 695 dated July 10, 1992. In that information it was alleged t......trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......ound to hold that he has mis-conducted himself. There was no prayer from the side of the appellant before Mr. Moksuder Rahman for adducing further evidence in addition to what has been already recorded while Mr. Justice Hakim was holding the arbitration. The High Court Division consider......h costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
.... Case No.13 of 1959-60 and admittedly the High Court Division having found that the case property to be in the possession of the appellants the learned Judged of the High Court Division acted wrongly and illegally in treating the possession of the appellants as illegal. The case prop......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......nt August 23, 1998. Cases Referred To- Badal Rani Vs. government of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and Bazlur Rahman Ghana, A. A. G. with him) instructed by Mvi. Md. Wahi......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....itions. Now the respondent cannot turn back and challenge those two conditions and the principle of estoppels or waiver is fully applicable in the facts of this case, which the Appellate Tribunal wrongly decided otherwise. Mr. B. Hossain next submits that the Civil Court's decree having not c......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......sp; ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh represented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ah......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... of the terms and conditions of service and such matters are in the domain of Administrative Tribunal. Mr. Khan submits that the High Court Division failed to consider this aspect of the matter and wrongly entertained the writ petition and made the Rule absolute which require interference. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......etition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
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