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Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... one Abdul Jalil who got the same by way of lease from the Government. While possessing the same by making constructions thereon Abdul Jalil with his family members took shelter in Murapara Camp of Dhaka District during the war of liberation. During his temporary absence from the suit property so......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

.... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Commissioner of Customs and anr......Appellants (In all the cases) Vs Bangladesh Traders, Dhaka…………………...Respondents (In all the cases) ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....sp;        M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 12.04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned tri...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....7 of the Administrative Appellate Tribunal (AAT) in Appeal No. 87 of 1996 allowing the same. The appeal was filed against the judgment and order dated 10.8.1996 of the Administrative Tribunal (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case be......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....nts is directed against the judgment and order dated 26.7.2000 passed the High Court Division discharging the rule against judgment and decree passed by the Additional District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, Firs...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....Court Division in Civil Revision No. 2348 of 1991 discharging the Rule obtained against the judgment and decree dated June 29, 1991 of the 2nd Court of Subordinate Judge (now Joint District Judge), Dhaka, in Title Appeal No. 77 of 1989 decreeing the suit upon reversing the judgment and decree da......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... the suit land to the plaintiffs in Poush 1340 B.S. Since then the plaintiffs have possessed the suit land. By amicable partition amongst the co-sharer landlords the suit land fell in the saham of Dhaka Nawab Estate and the plaintiffs subsequently got separate khatian from the Nawab of Dhaka for...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..

Category: Property Law | Date: | Hits: 34

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

.... Saidur Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

.... rule. 2. The relevant facts for disposal of this petition, in short, are that one Mossammat Ambia Khaton as the plaintiff instituted Title Suit No.202 of 1965 in the Second Court of Munsif, Dhaka against 237 persons. The said suit was decreed in preliminary form on 22.8.1967 and the decre......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....l Petition Nos. 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, insti­tuted the above Title Suit No. 227 of 1998 in the Court of Joint District Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....ging the Rule. 2.The revisional application was filed under section 115(4) of the Code of Civil Procedure against the judgment and order dated August 28, 2006 of the Court of District Judge, Dhaka in Civil Revision No. 400 of 2006 allowing the same and thereupon setting aside the order dat......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....ad Meher Ali Mondal V. Muham­mad Karam Ali Laskar, 17 DLR 365; Muhammad Ewaz V. Birj Lai (ILR 1 All 465) Ajimuddin Pramanik V. Najemuddin Mondal, 17 DLR 231; Azimuddin Bhuiyan V. District Registrar, Dhaka 20 DLR 355; Abdur Rahman V. Baser Ali, 21 DLR 599; Abdur Rahman @ Abdul Rahman V. Maklis Ali, ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

.... Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated 25.8.1988 passed by the High Court Division, Dhaka in Civil Revision No. 402 of 1988). Judgment Badrul Haider Chowdhury CJ.- This appeal by......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....hury CJ Shahabuddin Ah­med J ATM Afzal J Mustafa Kamal J Channel Cinema Ltd. repre­sented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plaintiff-Appellant. Vs. Chowdhury Golam Malek, son of Choudhury Hasan Im......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....er, Advo­cate-on-Record—For the Respondent. Not represented—Respondent No. 2 Civil Appeal No. 50 of 1989. (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). Judgment ATM Afzal J.- Appellant is a judgment debt......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....-Record— For Respondent No.1. Not Represented — Respondent No. 2. Civil Appeal No. 66 of 1989. (From the judgment and order dated 14th Febru­ary, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 1632 of 1988). Judgment MH Rahman J.- This appeal by special leave ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being de......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....4 against the appellants and the mother of ap­pellant No. 1-3 Begum Nurun Nahar started Dhan­mondi P.S. Case No. 38(1)84 against respondent No. 1 and others. Ultimately a Metropolitan Magis­trate, Dhaka in P. case No. 110 of 1984 convicted ap­pellants No. 1, 2 and 4 under section 427 Penal Code ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

.... by the High Court Division, in Writ Petition No. 316 of 1986). Judgment ATM Afzal J.- This appeal by leave is from Judgment and Order dated 13 February, 1989 passed by the High Court Division (Dhaka Bench) in Writ Petition No. 316 of 1986 discharging the rule. 2. The appellant filed the af......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54