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Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

.......Respondent Judgment April 17, 2001. Lawyers Involved: Moudud Ahmed, Senior Advocate, instruct­ed by Md. Nowab Ali, Advocate-on-Record - For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..

Category: Employment/Service Law | Date: | Hits: 73

Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)

....un......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. Lawyers Involved: Khandker Mahabubuddin Ahmed, Senior Advocate, instructed by Sarifuddin Chaklader, Advocate-on-Recor......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..

Category: Property Law | Date: | Hits: 39

Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)

.... was informed of the restoration after about 8(eight) months. Considering the above position, we are of the view that the learned Additional District Judge rightly allowed the appeal. On the other hand, the learned Single Judge did not consider the above legal position while making the Rule abso......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ..

Category: Civil Law | Date: | Hits: 72

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

.... M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Pet......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136...

Category: Tenancy Law | Date: | Hits: 154

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

.... suit on the grounds of default without reversing the finding of bonafide requirement made by the learned S.C.C. Judge. 8. Mr. Mahmudul Islam, the learned Advocate for the respondent, on the other hand, submitted that on refusal by the appellant to accept the rent sent through money order for the......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..

Category: Tenancy Law | Date: | Hits: 172

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....e legal position. 4. Mr. Abdur Razzak, the learned counsel who appeared on behalf of the respondent No. 2 i.e. Bangladesh Biman Corporation has submit­ted that though the petitioner was handed over to police at about 9.30 a.m. on 19.10.94, from this it cannot be said that the petition......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..

Category: Employment/Service Law | Date: | Hits: 81

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....h Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - F...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28

Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)

....ff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 and 5 on the other hand is not an exchange deed but an out and out sale d......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..

Category: Property Law | Date: | Hits: 33

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....revented from doing so. It is well recognized that a suit for injunction could be converted into a suit for possession, if the plain­tiff apprehends about his relief of injunction. The case on hand cannot be said to be different principle. The plaintiff herein really asks for possession of h......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..

Category: Property Law | Date: | Hits: 56

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

....ision in 51 DLR (AD) 40 appears to us to be not correctly decided due to the failure of the then Attorney General to point out the distinction between 42 DLR (AD) 167 and 48 DLR (AD) 199 on the one hand and the case of Mustafizur Rahman on the other. Even he failed to bring to our notice the cas...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 74

Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)

....of gift away 0.50 acre of property if the place for pro­posed construction of Dohakul Union Parishad is selected at Brahampur Mouza near Brahampur Bazar on a non-judicial stamp of Tk. 150/- and handed over the said document to the Chairman of Union Parishad in presence of the witnesses on 17......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..

Category: Others | Date: | Hits: 87

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....at after disposal of those suits if the plaintiff would pay Tk.4,02,5 1,000/- excluding the earnest money then the defendant No.1 would execute and register the said safkabala deeds and would also handover pos­session of the said excluded property, the plaintiff after receiving the letter of......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..

Category: Property Law | Date: | Hits: 42

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

....ourt Division did not appreciate that the miscellaneous case was filed within 30 days from the date of knowledge of the ex parte decree and the High Court Division did not appreciate that a malicious hand had been working against the Government so that the suit could be heard ex parte and the Govern...... 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

Simon Singh Vs. State, 2008, 37 CLC (AD)

....e in record, the prosecution found to have proved its case by natural witnesses including the persons, who caught him at the place of occurrence including the person who sustained 'chura' blow at the hand of the petitioner during the occurrence. 13. Considering all these facts and circumstances o...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..

Category: Criminal Law | Date: | Hits: 47

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

....starts as, "You all retrenched officials of Family Planning Education Project it is not the Governments case that the respondent and others were retrenched from their Jobs/office. On the other hand, the Government on more than one occa­sion treated them as surplus public servants" ......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

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....vi­sion but deciding the application on a consider­ation not provided by law. 9. Dr. Kamal Hossain, the learned Senior Counsel, appearing for the plaintiff-respondent No.2, on other hand contended that the Govt. of Bangladesh, Bangladesh Bank, Liquidator and the Joint Liquidator o......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..

Category: Others | Date: | Hits: 95

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

....No. 45 of 1995 stating, inter alia, that while serving as Bench Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allega­tions that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also fai......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

Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)

....e Engineering Trade of Pakistan Ordnance Factory on 10.2.70 came to his home by taking 38 days earned leave from 10.5.71 to 16.6.71 and he never participated in the liberation war and on the other hand after expiry of leave, he prayed for extension of his leave on medical ground by sending lette......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..

Category: Administrative Law | Date: | Hits: 103

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

....te in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under Section 372 of the Succession Act. 2. The case of the appellant in short is that one Haladhar Chandra Dey, the proprietor of M/S. H. Dey Jewellers, a Jewellery shop situat­ed in Khulna died ......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

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyer...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..

Category: Property Law | Date: | Hits: 82