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Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....er is the appropriate person for the custody of the minors in the background of the question of welfare of the minors. It has been stated by the writ petitioner that the respondent No.1 returned to Bangladesh with a wife and going to hold weeding reception, that the respondent Nos. 2 and 3 on the......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Ozair Farooq, Advocate with him) instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 346 of 2007. (From the Judgment and Order dated 1.3.2007 passed by th......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....st the possession of the defendant No.1's predecessor and also to the possession of the defendant No.1, that since the death of his father defendant No.1 is in possession of the land in suit, that Bangladesh Khatian No. 309 has been prepared in the name of the defendant No.1. 5. The suit ...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......aintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mor...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
.... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… P......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......ed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....g that the plaintiff No.1, who himself was examined as P.W.1, in his deposition admitted that Ram Ratan Bal went to India during liberation war and returned back after liberation of Bangladesh and P.W.2 also admitted the said fact that Ram Ratan Bal went to India during Pakis......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......s Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by ......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
.... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......Lawyers Involved: Sayeeda Afsar Jahan, instructed by B. Hossain, Deputy Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 248 of 2007. (From the judgment and order dated 6th and 7th August 2......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..Category: Property Law | Date: | Hits: 26
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....acter made it necessary to do so. 9. Review matters are governed and regulated by the provisions of Order 47, Rule 1 of the Code of Civil Procedure and Order 26 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. As a matter of practice and rules this court proceeds ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......strative Appellate Tribunal, Dhaka in Appeal No. 61 of 1998 allowing the appeal on contest. 2. The short fact is that the respondent instituted Administrative Tribunal Case No.47 of 1995 before the Administrative Tribunal, Dhaka alleging, inter alia, that he was appointed as Lower Divisio......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
.... and the hearing date was fixed on 10.5.2004 but the hearing could not take place. Due to high quality of Yellow Pages Directory containing maximum information about the business houses within Bangladesh and abroad it became a favourite to the business houses and different sections of ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J M/S Yellow Pages (Pvt.) Ltd.............................................Petitioner Vs M/S Business Data Information Ltd. and another…...........Respondents Judgment December 4, 2008. ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..Category: Intellectual Property Law | Date: | Hits: 329
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... Md. Mustanisur Rahman .............Petitioner (In Civil Petition No. 822 of 2007) Md. Kamrul Hasan and another.........Petitioner (In Civil Petition No. 823 of 2007) Vs. Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......olved: Syed Mahbubar Advocate-on-Record-For the Petitioner (In both the cases). Md. Taufique Hossain, Advocate-on-Record-For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 822-823 of 2007. (From the judgment and order dated 11.2.2007 by t...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..Category: Employment/Service Law | Date: | Hits: 57
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
....ellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......d by Zainul Abedin, Advocate-on- Record-For the Petitioners Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1065 of 2007. (From the judgment and order dated 5.6.2007 passed by ...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ..Category: Business or Commercial Law | Date: | Hits: 163
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... Md. Joynul Abedin J Md. Abdul Matin J Additional Deputy Commissioner (Revenue) Moulavi Bazar and others ............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited........Respondent Judgment August18, 2008. Lawyers Involved: ......spondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory performance of developments of work but could not be delivered with possession pursuant to a decree d......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..Category: Civil Law | Date: | Hits: 101
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases Referred to: Sheikh Ahmed Vs. The State reported in 1979 Bangladesh Supreme Court Reports Volume III at page 417; Giasuddin and others vs. The State 44 DLR ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......inal Appeal No. 1928 of 1997 and Jail Appeal No. 2069 of 1997 & 4 and 5 of 2001). Judgment Mohammd Fazlul Karim J.- Accused Appellants Abdul Aziz and other filed Criminal Petition for Leave to Appeal No. 139 of 2001 against the judgment and order dated 2.11.2002 passed in Death ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..Category: Criminal Law | Date: | Hits: 35
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred to: Mujibur Rahman Vs Bangladesh 44 DLR (AD) 111; Taleb Vs. Bangladesh 45 DLR(AD) 45; Ehteshamuddin Vs. Bangladesh 33 DLR......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......s the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appeal No. 43 of 1989. 2. Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superint......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....Rahman J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Sec......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......n, (hereafter referred to as the Rules), they have been heard together and will be disposed of by this judgment. In W. P. No. 1374 of 1990 the appellant obtained a Rule Nisi challenging the aforesaid Rules and Memo No.21(8) Admn-9/89/337 dated 10.6.90 issued by the Secretary (Administrati......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....d in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......Pay Group 3(ii). He was promoted as Senior Traffic Assistant and was posted at Chittagong. On 26th August 1998 he sought permission from the Station Manager, Chittagong Airport to leave Chittagong for Dhaka but the said request was turned down. Inspite of turning down of the permission to leave ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......it and reversing those dated 30-1-86 passed by the learned Munsif, Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khati......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind 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) 419. ......ind 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) 419. ......p; Huq, Advocate-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of Februa......ind 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) 419. ..Category: Property Law | Date: | Hits: 31
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and &......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ....... Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and Land Adminis......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....uality buses which he imported while coming from Japan. The respondent No.1 also imported two other high quality buses to carry on transport business in the name of respondent No3 and at that stage Bangladesh Paribahan (Pvt) Ltd. was formed with respondent No. 2 as its Managing Director and on Sur......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ...... Dhaka Bank. Upon receipt of the shipping documents from the negotiating bank, Dhaka Bank effected full payment under the Letter of Credit. The said buses reached Chittagong Port in June, 2000, but before the appellant could release the buses from the customs authority the respondent No.1 filed Mo......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... J Md. Abdul Matin J Abu Taher & another…………………….......Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Noakhali & others........Respondents ...... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by t...... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....s freedom fighter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the circular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong Cit......within the Chittagong City Town or elsewhere and he never purchased any property jointly with his brother. His elder brother namely Mr. Gias Uddin has purchased two gonda land at 'Niribili Housing Society' of the Chittagong City Town and the said property is his personal property. The petit......dvocate (Abul Kalam Mainuddin, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28