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Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka dischargin......ent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mozibur Rahman............................................................................ Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents J..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Appeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot......sed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada..Category: Election Law | Date: | Hits: 128
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......ant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record— For the appellants. Ex parte—Respondents. Civil Appeal No. 4...... of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for......reme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Soleman Miah & ors..................Appellants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment No..Category: Civil Law | Date: | Hits: 106
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......lection controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers I......9) 87 ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ....... 3 of 1989). Moinul Huq, Advocate instructed by Abul Quasem, Advocate-on-Record — For the Appellant (In C.A.Civil Appeal No. 4 of 1989). Mrs. Rabeya Bhuiyan, Advocate instructed by Md. Ataul Hoque, Advocate-on-Record— For the respondent No. 1 (In Civil Appeal No. 4 of 1989). Not repres......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hos..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......s also Reported in: 41 DLR (AD) (1989) 60. ....... ..Category: Others | Date: | Hits: 125
Category: Election Law | Date: | Hits: 212
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ni said that a suit was pending in the Civil Court and that they (M.M. Ispahani Ltd.) would sort it out with the Bank." 50. From the minutes of the meeting and discussion with the Adviser Mr. K.A. Hoque, it appears that negotiations were going on between the Government and one of the directors of...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea......ivil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. ..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......tiff is not entitled to any relief. Cases Referred to- Pandit Ram Chander vs. Pandit Maharaj, AIR 1939 All 611; Mrs. June Ferguson vs. Ameenur Rasheed (1973) 22 DLR 1; Manjural Hoque vs. Newajan Bibi (1955-56) 60 714; Aditya Kumar Ray vs. Dhirendra Nath (1948-49) 53 CWN 879; ...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees.......; Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors……………….................................... Appellants Vs. A. K. Noor Mohammad & ors……...........................…...Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......tion 23 of the Contract Act and also for possession of the land. 3. Plaintiff's case was that the land described in schedule Ka of the plaint belonged to Haji Mohan Ali and Abdul Hoque who out of this land sold Ka schedule land to some other party in 1970 and sold the Kha sched...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors......drul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors........................Respondent Judgment ..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ......MA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984..Category: Property Law | Date: | Hits: 112
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......rt (Item 7). The breakup of which is as under: Clause (i) Shabnam Traders...Tk. 90,000,00 Clause (ii) Giasuddin...Tk. 80,000.00 Clause (iii) Nasiruddin Bhuiya...Tk. 18,53,913.00 Clause (iv) Mujibul Hoque...Tk. 7,86,402.26 Clause (v) Shabnam Traders ... Tk. 7, 60,000.00 Clause (vi) Habib Askari.........A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody......ul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Moulvi Abdulla Welfare Trust.............................Appellant Vs. K.A. Gani, Advocate & ors …..............................Respondents ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc......M Masud J S Mohammed Mohsen Ali J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment ..Category: Trust/Waqf Law | Date: | Hits: 196
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......Calcutta 174. Lawyers Involved: T. H. Khan, Senior Advocate, Abdul Wahhab, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellants. A. N. M. Gaziul Hoque, Advocate, instructed by Md. Ozair Farooq, Advocate-on-Record — For the respondents. Civ......Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md Mohsen Ali J Kad Banu & others......................................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The C......A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md Mohsen Ali J Kad Banu & others......................................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment Decemb..Category: Civil Law | Date: | Hits: 114
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh A......ent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 198..Category: Anti-Corruption Laws | Date: | Hits: 113
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......andi to be a party to an application under section 491 of the Code of Criminal Procedure for release of the detenue whom he claims to be his legally married wife. 4. Mr. A. K. M. Mozammel Hoque Bhuiyan, the learned Counsel appearing for the appellant, submits that the detenue Chandana R............Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrat......Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgm..Category: Criminal Law | Date: | Hits: 58
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Resp..Category: Employment/Service Law | Date: | Hits: 63
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......p; Sd/-K.A. Hoque, &n......lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ...... FKMA Munim CJ B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 105
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......uddus assaulted deceased Dilara with a dagger which caused her death. In cross-examination he stated that Dr. Mokbul Hossain is known to him and is also a friend of him. PW 18 Sub-Inspector Shamsul Hoque is the Investigating Officer who investigated into the case. He testified that on 5.3.87 he g...... Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No......e Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June ..Category: Criminal Law | Date: | Hits: 58
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 of 1988. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents ..Category: Property Law | Date: | Hits: 30