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Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
.... (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subse......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....fused on the ground that the block loan will not bear any interest as per terms and conditions and the plaintiff Bank did not file any proper account of sale of the pledged goods. Besides, the Bangladesh Bank by a Circular dated 19.3.84 waived penal interest charged against the borrower and...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......ivision in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and t...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The ......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......if was then made Mutawalli in his place. After a lapse of about three years respondent Nos. 3 and 4 brought a suit, being other Class Suit No. 45 of 1985, in the Court of Assistant Judge, Thakurgaon, for removal of the appellant from the office. They also prayed for their appointment as joint Mutawa......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
.... in: II ADC (2005) 219. ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………....Appellant Vs.......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ter overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Daulatpur RS. The plaintiff along with other night guards went to the residence of Senior Officers and informed them about the occurrence whereupon they all came to the place of occurrence. On being asked......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....of the Rule on 4.6.88 and thereafter engaged Mr. Abdul Mannan Khan Advocate at Rangpur Bench. But in pursuance of the judgment of the Appeallate Division on the 8th Amendment of the Constitution of Bangladesh the record of the said Rule was transferred to Dhaka bench. It was heard and disposed o...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....ly instituted suit between the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......iff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule prop......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....being aggrieved by the judgment and decree of the lower appellate court in Title Appeal No. 170 of 1991, filed Civil Revision No. 765 of 1994 in the High Court Division of the Supreme Court of Bangladesh, and a learned Single Judge of the High Court Division, by the judgment and order dated...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......rt Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....d order dated 25.3.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2330 of 1995 discharging the Rule. The appellant was a Senior Assistant Traffic Assistant of Bangladesh Biman Corporation. His service was terminated on 19.10.94 and in the morning of that dat......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ated on 19.10.94 and in the morning of that date he was arrested by the police on the basis of an. F.I.R. under Anti Terrorism Ordinance. His service was terminated on the ground that he was absent for more than ten days. He filed a grievance petition from the jail on 12.11.94 and subsequently he......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..Category: Employment/Service Law | Date: | Hits: 81
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... Present: ATM Afzal CJ Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......ok over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3....... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....ellate Division (Civil) Present: Latifur Rahman CJ Kazi Ebadul Hoque J Mainur Reza Chowdhury J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 1......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......ide the judgment and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit statin......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......were the writ petitioners and Rule was issued calling upon the writ respondents to show cause as to why the advertisement made in the Dainik Janakanta on 19.2.1997 (Annexure-A to the writ petition) for recruitment of Kanungos and formation of a committee to scrutinize and examine the applica...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 making the Rule absolute and directing the respondent No. 8 herein the Government of Bangladesh to deliver possession of the Plot No.3/1, Block-A, Lalmatia Housing Estate to the respon......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....e is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......tition is dismissed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner. Md. Nawab Ali, Advocate-on-Record– for the Respondent No. 1. Not Represented – Respondent No. 2-4. Civil Review Petition No. 49......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....ent: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......se No. 16 of 1987 in the Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... MM Ruhul Amin J Md. Tafazzul Islam J Rupali Bank Ltd. Head office, Motijheel Commercial Area, Dhaka...........Appellant (In Civil Appeal No. 97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Ap......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......te Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin an......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....Cases Referred to- Collector of Customs Vs. A. Hannan42 DLR (AD) 167; Collector of Customs Vs. Ahmed Hossain and 39 others 48 DLR (AD) 1995; BLC (AD) 13; Mostafizur Rahman Vs. Government of Bangladesh and 6 others51 DLR (AD); Bangladesh and others Vs. Mizanur Rahman 52 DLR (AD) 149; Khair...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......ssing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanced tariff value subsequent to the opening of the Letter of Credit by the respondent for importing the goods so assessed. 3. Facts stating which the writ petition was filed in ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....d by the High Court Division discharging the Rule in Writ Petition No.8184 of 2006. 2. The petitioner filed Writ Petition being No.8184 of 2006 contending, inter alia, that M/S. Shinan Bangladesh Limited was engaged in the Business of Manufacturing readymade garments and exporting th......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For Respondent No.2. Not represent -Respondent Nos.1, 3. Civil Petition for Leave to Appeal No. 1228 of 2007 (From the judgment and order dated 25.04.2007 passed b......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....ddin Biswas……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2......nd 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) 297. ...... Judgment November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 866 of 2006 (From the judgment and order dated the 25th j April, 20......nd 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) 297. ..Category: Others | Date: | Hits: 87
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