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Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....929 of 1997 summarily disposing of an application under section 115(1) of the Code of Civil Procedure, setting aside the order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear i......, Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ...... Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Danish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....l Huq, Advocate-on-Record - For respondent No. 1 Ex-parte-Respondent Nos. 2-8 Civil Appeal No. 13 of 1994 (From the Judgment and Order dated 20th July, 1993 passed by the High Court Division Dhaka in Civil Revision No. 2199 of 1992) Judgment Mohammad Abdur Rouf J.- This appeal by leav......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................l) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents ......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....ted in: II ADC (2005) 334. ......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail...........................uhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail............................Plaintiff-Respondent Judgment ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....h of the High Court Division in Civil Revision No. 232 of 1999 making the Rule absolute upon setting aside the judgment and decree of September 15, 1998 of the 3rd Court of Additional District Judge, Dhaka in Title Appeal No. 144 of 1998 dismissing the same and thereby affirming the judgment and dec...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......Reported in:II ADC (2005) 326. ......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....n: II ADC (2005) 291. ...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ......ivision (Civil) Present: Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 1......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....f the decretal amount. 2. The appellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mortgaged property for a preliminary d...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents ......l Amratlal AIR 1963 (Guj) 253; Laxmi Chand Gangaram vs. Brijbhushandas, AIR 1970 (Madhya Pradesh) 34; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; AIR 1940 (FC) 20. Lawyers Involved: A.B.M. Khairul Huq, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the appe..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....ain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent Civil Appeal No. 57 of 1991 (From the Judgment and Order dated 19.5.1991 passed by the High Court Division, Dhaka in Civil Revision No. 469 of 1985) Judgment Mohammad Abdur Rouf J.- This appeal by the p...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involv...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ereby the High Court Division refused to accept the apology offered by the appellants by way of filing the above review application. 2. The appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Sta...... This Case is also Reported in: II ADC (2005) 256.......in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....uld not be an equally efficacious remedy on account of the constraint upon the appellant to vacate his office of Mutawalli. 5. In the Cases of Nuruaazman Chowdhury (supra) a Division Bench of the Dhaka High Court had the occasion to consider the same question as here in a similar situation. Satt......) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The appeal is a......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result:......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......Civil) Present: Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. Lawyers Involved: M. G. ......llate Division (Civil) Present: Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. La...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....me Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman............................CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman......................Respondent Judgment April 17, 2001. ......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
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....med CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) Vs. Uttar Jamalgarh Mat......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant App......J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, represented by its Secretary and......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
.... to have all back salaries, remuneration and other benefits till the date of re-instatement, after setting aside the judgment and decree dated 24-8-93 passed by the 4th Court of Subordinate Judge, Dhaka, dismissing the said suit. 2. The plaintiff-respondent's case, briefly is that on 11-6......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………....Appellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases R......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....2.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka) /Civil Revision No. 242 of 1998 (Rangpur). Judgment Mohammad Abdur Rouf J.- Th......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 199...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....Nos. 1 & 3. Not Represented - Respondent Nos. 2 and 4-7. Civil Appeal No. 8 of 1996. (From the Judgment and Order dated November 21, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 2889 of 1995). Judgment ATM Afzal CJ. - This appeal, by ...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv...... Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgme......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....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. ...... ADC (2005) 143. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Hamidul Haque J Khairun Begum and others.... Appellants Vs. Abdul Malik and another............Respondents Judgment July 6, 2003. ......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
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....om the judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998. 2. The appellant S.C. Suit No. 3 of 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it was initially let out on 19.......slam, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No. 105 of 1999. (Form the Judgment and Order dated 3rd November, 1999 passed by the High Court Division in Civil Revision No. 377 of 19......upreme Court Appellate Division (Civil) Present: Bimalenndu Bikash Roy Choudhury J AM Mamudur Rahman J Mohmudul Amin Chowdhury J Md. Shahjahan Mia ................Appellant Vs. Md. Abdul Hye .............Respondent Judgment October 24, 2000. Lawyers Involved: ......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
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....3-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2122 of 1995 discharging the Rule Nisi and upholding thereby the decision given on 4.9.95 by the Third Labour Court, Dhaka in Complaint Case No. 19 of 1993 under section 25 of the Employment of Labour (Standing Order......bsp; Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respo......p; Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respondents Judgement August 16, 19......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....gh Court Division in P.M.A. Nos. 60 and 112 of 1995, one counter to the other. By the impugned judgment the High Court Division set aside the award made by the Subordinate judge, Arbitration Court, Dhaka, on 23 February 1995 in Arbitration Case No. 38 of 1993 brought by the appellant and dismiss...... 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 - Fo......vil) Present: ATM Afzal CJ Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers...... 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
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....da Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; Girdharilal Monuman Box Vs. Eagle Star and British Dominions Insurance Co, Ltd. 4 PLD (Dhaka) 595; Sree Hari Sankar Nandi Majumder Vs. Sree Promode Chandra Roy Choudhury; Sadharan ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ...... Appellate Division (Civil) Present: Latifur Rahman CJ Kazi Ebadul Hoque J Mainur Reza Chowdhury J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
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