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BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ...... merely a matter of procedure. The effect of repeal or amendment in the procedural law will be that in the pending cases the new procedural law will apply because as a general rule alterations in the form of procedure are retrospective in character unless there is some contrary provision in the repe......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali M......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ...... 1st Court, Dhaka decreeing Title Suit No. 202 of 1970. 2. Respondent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....d others…….....Appellants. Vs. Abdul Wahab and others............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh represented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Chand Mia and o...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka, impleading ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......Revision No. 3961 of 1996 discharging the Rule. 2. Short facts are that the plaintiff respondent filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the su......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ...... and Order dated 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leav......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....th. Defendant No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......e, 1997, passed by the High Court Division in First Appeal No. 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. T......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2, 1999. ......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......of 1973. 2. The plaintiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performanc......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan............................ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......arted that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazette Notification SRO No. 364-1/86 dated 23.9.8......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the Rule before the High Court Division upon writ respondents to show cause as to why the order passed by writ respondent No. 3 dismissing the writ petitioner from service by notice in the Daily Bangladesh Times published on 7.11.1990 (Annexure-G) duly affirmed by the appellate order dated 23.......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ...... by the High Court Division in Writ Petition No. 112 of (1999). Judgment Mohammad Fazlul Karim J.- This appeal by leave was granted to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-r......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....nt Mohammad Abdur Rouf J.- These three Appeals Civil Appeal Nos. 65, 66 and 67 of 1997 have been preferred, following a common order of granting leave, by the same respondent appellant, Bangladesh Road Transport Corporation, from three separate judgment and order, all dated 12.5.96, p......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... 17.3.93 retired the petitioners from service without paying their entitlements/dues but with the rider that those will be paid as soon as their accounts are finalised. The writ petitioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records.............y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......spondent happens to be the mutawalli of the said two estates known as Ballade Wakf estates. He brought the suit against the Province of East Pakistan and the Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ficit court fees from the plaintiff decree holder the trial court corrected the decree by its order dated 3.9.96. In the meantime the appellants by Chalan No. 13374 dated 23.5.96 deposited in Bangladesh Bank, Sadarghat Branch Dhaka half of the decretal amount as well as the costs of th...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....esent: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Ref......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......of an individual to travel beyond the border of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they a......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......nsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of the Court of Muns......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....#2472;ে কন কৃষক জমি বিক্রি করিলে।) he may seek aid of Section 6 of Bangladesh Rin Shalishi Ain, 1989 otherwise the transaction cannot come within the purview of Secti......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and t......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....f Sub-Divisional Magistrate, (Special Magistrate under President's Order No.50 of1972) Moulvi Bazar, Sylhet. 2. On 12th June, 1973 an Inspector of Police, Special Police Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superin&sh......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ries in the District of Sylhet under the direction of his principal abroad" on behalf of wage earners in U.K." On the said application the Additional Superintendent of Police started the aforesaid G.R. Case. An Inspector of Bureau of Anti-Corruption, Bangladesh Bank Branch, after invest......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......engal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......of such registration……………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the stren......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....61....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 ...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
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