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Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh has the p...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....gnizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompetent to take cognizance and try such offences. Proceeding before the Upazilla Magistrate was without Jurisdiction as special procedures provided for investigat......The Indian Supreme Court considered the question of the Magistrate issuing search warrants under the Foreign Exchange Regulation Act (1947) which confers upon a designated officer, namely the Enforcement Officer to retain the articles seized. It was held that this being special law the Magi..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....1984-85. 3. Estimated cost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from any Schedule Patra. 5 years Bangladesh Sanchay Patra and Bonus Sanchay Patra. 5. Time allowed: Up to 30th June, 198. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......ng the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 1992 of the First Court of S...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliament and perform the......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
..... ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......s appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978. 2. Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of t...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ppeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies shar......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....een falsely implicated in this case out of mere suspicion. It has further been asserted that this deceased might have been killed by unknown miscreants when he was engaged in smuggling in the India-Bangladesh border area. 9. Considering the evidence on record and the defence version the l......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......Jail Appeal No.860 of 2003.) Judgment Md. Abdul Matin J. - These jail petitions for leave to appeal are directed against the judgment and order dated 13.08.2007 and 14.08.2007 in ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
.... inter alia, that they were registered Auto Tempo and Baby Taxi Malik Samity and they have been plying their Auto Tempo and Baby Taxi with the approval of the District Regional Transport Committee of Bangladesh Road Transport Authority carrying passengers on the public Highway from Kishoreganj Dis......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......
Md. Aftab Hossain, Advocate-on-Record-For the Petitioners.
A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent Nos. 1 and 2.
Not represented- Respondent Nos. 3-8.
Civil Petition for Leave to Appeal No. 2215 of 2008
(From the judgment and order dated 13th October, 2008 passe......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....oner and other ex-employees as per the pension rule of respondent No. 2,Water Development Board. On 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petitioner retired ......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......he Petitioner. Md. Abdul Hakim, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent Nos. 1 and 3. Civil Petition for Leave to Appeal No. 144 of 2006 (From the judgment and order dated the 3rd July, 2005 p......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....e, Dhaka in pursuance of the notice. The writ petitioner has further challenged vires of Rules 19w of the said Rules being ultra vires of the Emergency Power Ordinance, 2007 and the Constitution of Bangladesh. 3. During investigation the investigating officer recorded the statement of witness...... the above, we find 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) 323.......-Record-For the Petitioner. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2...... the above, we find 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) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......r the Petitioners. A.J. Mohammad Ali, Senior Advocate instructed by Zahirul Islam, Advocate-on- Record-For Respondent Nos.3-4. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No. 1689 of 2008. (From the judgment and order dated 16.06.2008 passed b......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....C (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandon...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
.... was barred by limitation. It further appears that the learned District Judge on consideration of the evidence on record also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident property Rajbari pre......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........ 4 (ka) there from. The aggrieved defendant respondent Nos. 1-4 then preferred Title Appeal No. 91 of 1990 in the Court of District Judge, Rajbari against the said decree. The appeal was dismissed for default on 20.11.91. Those defendants filed an application under order XLI Rule 19 of the Code o......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)
.... 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. ...... 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. ...... No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was for a declaration that the orders dated 3-10-85 and 18-2-86 passed against him removing him fr...... 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
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of the plaint by way of substitution of the Government of Bangladesh represented by the Deputy Commissioner, Bogra in place of the deceased defendant as she ...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......it No. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....ion to the learned Additional Attorney General and the Deputy Commissioner by the Memo, dated 22.11.2003 furnished the information. The contents of the said Memo, runs as follows: "Government of Bangladesh office of the Deputy Commissioner, Dhaka L.A. Department (sec-8) Memo No.জ়েঃ ......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. ......d thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title......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
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and others...........Appellants Vs. Jahangir Alam and others................impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......7 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraini......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
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