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Displaying 3361-3380 of 3391 results.
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond......), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him penalty of compulsory retirement. The tribunals below had no reason to t..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
.... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………â€......-11-l993 and respondent No. 1 hired a house at Uttara Model Town and got the two elder children admitted in the International School, Dhanmondi. All arrangements were made by respondent No. 1 for the proper maintenance of the family while he left for London to his place of business. He, however, vis..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res......¦.Plaintiff-Respondents Judgment February 5, 1997. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous d..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is......ecreed the suit. 7. Leave was granted only to consider the question of limitation as to whether the learned Single Judge of the High Court Division correctly decided the question of limitation on proper consideration of the evidence on record in view of the statement made in the plaint showing t..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......ulation) Regulations 1979 to be intra vires the Constitution and therefore lawful. 15. Before this Division Mr. Amirul Islam submits that the learned Judges of the Special Bench failed to draw the proper legal inference from the history of constitutional provisions on the subject of consultation ..Category: Constitutional Law | Date: | Hits: 185
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and...... of the settled principle of law that a judgment of reversal should advert to the findings and reasonings of the trial Court and must demonstrate that the judgment of the trial Court was not based on proper assessment of evidence and circumstances. 7. We should observe here that so far as the or..Category: Property Law | Date: | Hits: 88
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………...... respect of an order passed by a regular Division Bench before the vacation. He submits that the interference will not be without jurisdiction and will not be void ab initio. 10. It seems to be improper, if not outright outrageous, that a Single Bench will interfere with an interlocutory order p..Category: Procedural Law | Date: | Hits: 138
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......proving that he had supplied spare parts, provisions and provided laundry service to the defendant No.1 vessel. In fact, the plaintiff has failed to prove his case by adducing sufficient and reliable proper evidence. Accordingly, I am of the opinion that the plaintiff is not entitled to a decree as ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame......er of the election petition. In the original election petition there was no allegation that there was any irregularity - illegality in the counting of ballot paper Amendment allowed appears to be not proper.” 9. In the case of Hosne Zaman vs. Election Tribunal, 38 DLR 435 it w..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ......o this petition is that the petitioners as plaintiffs earlier instituted Title Suit No. 177 of 1994 in the Court of the Subordinate Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree was affirmed up to th..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....R (AD) (2001) 9. ......n when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion and deferred the ..Category: Business or Commercial Law | Date: | Hits: 148
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
.... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18......m “Evidence false in part is false in entirety” inasmuch as the said so-called maxim is not supported by any authority of any Court. (5) The judgment passed by the High Court Division is not a proper judgment in appeal as the basic norm of disposal of a Criminal appeal has been totally deviat..Category: Criminal Law | Date: | Hits: 108
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ......ed against him. Hence this leave petition. 7. Mr. Abdur Razzak Khan the learned Additional Attorney General appearing on behalf of the petitioner firstly contended that the Tribunal upon proper consideration of materials on record found the accused respondent guilty of the offence punis..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re......e implied from conduct which is inconsistent with the continuance of the right". 23. In the same volume at page 638 it has been stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal ri..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ...... salami and the allotment also was issued in violation of Government policy which is not correct. Mr. Ahmed has strenuously argued that Annexure-D was issued by the Ministry of Land which is the proper authority for cancellation of allotment of land but Annexure-I was issued by the Deputy ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being......ntiffs by a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit land. The plaintiffs also purchased some land situated to the western side of Scheduled 1 property from the principal defendants and predecesÂsors of other defendants by a registered kabala..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....b Hossain, Advocate-on-Record- For the appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ...... the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and rec..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb......abala dated 12.01.1977 have been owing and possessing the land in exercise of right, title and interest. On Magh 25, 1389 B.S. the defendants disclosed that the R.S. Khatian of 'Kha' schedule property was prepared in the name of their father and they wanted to take possession of the land. Ac..Category: Property Law | Date: | Hits: 63
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ...... 3 filed Other suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration that the properties described in the schedule attached to the plaint are properties of the Waqf Estate, that ..Category: Property Law | Date: | Hits: 57
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....din Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the High Court in Criminal Miscellaneous Case No. 5869 of 20......t Division has observed, "It is true the learned Magistrate did not pass necessary orders on the applications filed by the informant and the predecessor followed by him was not proper. But such omission on that part of the learnedMagistrate or the order passed by t..Category: Criminal Law | Date: | Hits: 81
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