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

....d. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 49 of 2000. (From the Judgment and Order dated 31st March, 1998 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 1996) Judgment        &nb...... (2004) 562. ......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and another.......................Appellants Vs. Sheikh Munsur Rahman.....................Respondent Judgment July 14, 20......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)

....         Md. Tafazzul Islam J.- This appeal by way of leave arises out of the judgment and order dated 26.9.1994 passed by Administrative Appellate Tribunal, Dhaka in Appeal No. 15 of 1993 allowing the appeal and setting aside the judgment and order of the ......55. ......n J MM Ruhul Amin J Md. Tafazzul Islam J Secretary, Ministry of Defence and others……………………….. Appellants Vs. Abdul Mannan Lasker and another .......Respondents Judgment March 23, 20......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

Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)

....ourt Division) were dis­missed from the services by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dat......ohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of......l) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others........Appellants Vs. Md. Anwarul Islam being dead his heirs Most. Afroza Begum & others....Respondents ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..

Category: Criminal Law | Date: | Hits: 49

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

....ted by Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Appeal No. 222 of 2000. (From the Judgment and order dated 18 February 1999 passed by the High Court Division, Dhaka in First Appeal No.19 of 1998) Judgment       &nbs......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI......ate Division (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2......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

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)

....it back to the trial Court for disposal with Title Suit No.39 of 1933. 2. The first appeal was filed against the judgment and decree dated September 13, 1986 of the 1st Court of Subordinate Judge, Dhaka passed in Title Suit No. 50 of 1984 dismissing the same upon directing the defendant No. 1 to ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004. Result: The review petit......Appeal here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004. Resu...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..

Category: Property Law | Date: | Hits: 67

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahammed J Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 2002. Lawyers Involved: ......ate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahammed J Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 200......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..

Category: Property Law | Date: | Hits: 74

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....f the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and......nior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Hafiz Md. Shamsul Alam & others........Appellants Vs. Musleuddin Ahmed & others................Respondents Judgment August ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)

.... 2 in the aforesaid writ petition, which was rejected. Leave was granted to consider the following:-  "Both the appellant and the respondent No. 1 are litigating against the Dhaka City Corporation for allotment of shop No.G-98, Block-G in Dhaka New Market by filling Tit...... Dr. Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..

Category: Procedural Law | Date: | Hits: 78

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....eported in: 1 ADC (2004) 473. ......d in: 1 ADC (2004) 473. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Deputy Commissioner, Dhaka and other. .....................Appellants Vs. Abdul Hakim..................................Respondent Judgment July 1......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment August 21, 2002. Cases Referred To-...... (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment Augu......igh Court Division for declaring him as an elected Member of the Eighth Jatiya Sangshad form the Constituency No. 284, Chittagong-6 (Rauzan) after holding that the Election of the respondent No.1, A.B.M. Fazle Karim Chowdhury as void because of illegal and corrupt practices adopted by him. ..

Category: Election Law | Date: | Hits: 312

Anowara Begum Vs. State, 2004, 33 CLC (AD)

.... The further case is that on 07.03.1992 informant was assaulted by her husband on demand of dowry. Subsequently at the interven­tion of both the parties she came back to her husband's house in Dhaka but again she was assaulted by her husband for dowry and there­after her husband left for......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anowara Begum ………………...Appellant Vs. The State and another .............Respondents Judgment March 7, 2004. Lawyers Involved...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anowara Begum ………………...Appellant Vs. The State and another .............Respondents Judgment March 7, 2004. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..

Category: Criminal Law | Date: | Hits: 64

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Division (Criminal) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Comm...... Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Commissioner, Barisal....Respondents Judgme...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....F.A.T. No. 176 of 1993 earlier discharged by the High Court Division. 2. The respondent No.1 as plaintiff institut­ed Money Suit No. 55 of 1987 in the Second Court of Subordinate Judge, Dhaka praying amongst other for a decree for realization of Tk. 5,86,701.66. The said suit was tra......Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Invol......te Division (Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. ......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

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

..... 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both the appeals) Judgment October 26,........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both ...... Md. Fazlul Haque J Md. Abdul Mazid.....................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka a......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..

Category: Employment/Service Law | Date: | Hits: 89

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

.... Division Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of import­ed goods or price of the goods amounting to Tk. 4, 81,516.0......vocate (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judg......C (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

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......on (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kanai Lal Roy..................Appellant Vs. Roy Swaraswati and ors................Respondents Judgment August 17, 2002. Lawyers Involved......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kanai Lal Roy..................Appellant Vs. Roy Swaraswati and ors................Respondents Judgment August 17, 2002......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..

Category: Civil Law | Date: | Hits: 114

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

.... Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwar......Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Is...... Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Islam..................Respondent (In Civil Appeal No. 60 of 1997) Md......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

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....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 brought to Dhaka whose statements were recorded under Section 164 of the Code of Criminal Statements were rec......ouf, Deputy Attorney General, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of......vision (Criminal) Present KM Hasan CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Tariqul Islam................Appellant (In both the appeals) Vs. The State.....................Respondent (In both the appeals) Judgment A......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

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

.... by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142 of 1994). Judgment       &nb......ate-on-Record-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142...... (Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh………………….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62