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M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

.... Md. Abdul Matin J M/S. Nur Mohammad and Company Limited …………………………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......Petitioner. T.H. Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos. 1-3. Not rep­resented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of Sep......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..

Category: Property Law | Date: | Hits: 42

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

.... ......ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......ioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passe......ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

....for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Judgment MM Ruhul Amin CJ.- This appeal, by leave, is di...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 241

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....(Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment ......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246....... 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Judgment Md. Ruhul Amin CJ.- This Appeal and the Criminal Petition for Leave to Appeal were heard together since the respondent No.1 in Civil Appeal No. 36 of 2008 and......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...

Category: Criminal Law | Date: | Hits: 51

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

.... Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......;              Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Divis......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..

Category: Others | Date: | Hits: 95

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....d in: 1 ADC (2004) 562. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......ondent denied both the charges. Thereafter an enquiry was held by A.F.M. Aminul Islam, the Subordinate Judge, who after enquiry found the respondent guilty of negli­gence of duty and corruption for not handing over the files of three special tribunal cases to his successor and also for not o......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)

....nt No.1 filed the above Administrative Tribunal Case stating that on 10.2.70 he was appointed as a Chargeman in the Pakistan Ordnance Factory at Wah Cantonment, Rawalpindi and on 10.5.71 he came to Bangladesh on 38 days earned leave and on his arrival at home in the district of Faridpur, he parti......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......fter expiry of his leave, he could easily go to Pakistan to join his service there; he was granted two years ante-dated seniority in recog­nition of his participation in the liberation war but for some unknown reason by order dated 19.3.86 his ante-dated seniority was cancelled and the revie......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..

Category: Administrative Law | Date: | Hits: 103

Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)

....e Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others........Appellants Vs. Md. Anwarul Islam being dead his heirs......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......vices by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dated 03.08.1996. The respondent Nos. 1 and 2 fil......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..

Category: Criminal Law | Date: | Hits: 49

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......ar of liberation they left Khulna town and during that time Haladhar Chandra Dey left gold ornaments, silver ornaments and bronze ornaments as described in annexure 'A', 'B' and 'C' to the petition for succession certifi­cate in the iron safe in the shop. All these orna­ments were taken ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)

....ial court. That against the said judgment and decree of the appellate court the plaintiff-respondents preferred Civil Revision No.767 of 1997 before the High Court Division of the Supreme Court of Bangladesh, which was con­tested by the defendant-petitioners by filing counter affidavit. Hon'......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......t              Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Si......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..

Category: Property Law | Date: | Hits: 33

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....laintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Government of Bangladesh and other Government O......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

.... favour of the Registrar, Supreme Court, Vide Chalan No. 4 dated 23rd October, 2001 as per Notification issued by the Registrar on 18-10-2001 with the approval of the Hon’ble Chief Justice of Bangladesh. 3. The appellant filed the said Election Petition before the High Court Divisio......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Division on 20th and 21st April, 2002 in Election Petition No. 3 of 2001 dismissing the same on the ground of maintainability. 2. The appellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..

Category: Election Law | Date: | Hits: 312

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

.... Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbu......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......991 (Civil Revision No. 139 of 1989, Comilla) mak­ing the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the G......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....ted in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ...... leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number aris......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....lant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both the appeals) Jud......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......to remote areas and it was not possible to stop pilferage of power, and further a sum of Tk. 21,43,940,63 paisa remained outstanding with the Government offices and many consumers are not traceable for which another sum of Tk.4,77,181.54 remained outstanding. Thereafter, on 21.8.1996 the appellan......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..

Category: Employment/Service Law | Date: | Hits: 89

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

..... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......rhat in Title Suit No. 396 of 1975 dismissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession there­....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..

Category: Property Law | Date: | Hits: 26

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....;…………Appellant Vs. Md. Sirajul Hoque Chowdhury and oth­ers...........Respondent Judgment June 28, 2004. Cases Referred To- Bangladesh Railway Vs. M/S Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants includin...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....: 1 ADC (2004) 390. ......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......29 of 1995.) Judgment                   Mahmudul Amin Choudhury CJ.- These two appeals are taken up for disposal which arose out of judgment and order dated 17th February, 1997 passed by the Administ......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..

Category: Administrative Law | Date: | Hits: 103

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

....ods at the appropriate place. This Division while dismissing the petition for leave to appeal also considered the contention of the convicts that they were arrested with the contraband goods inside Bangladesh more than 5 miles off from the boarder belt areas of Bangladesh terri­tory and as su....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ...... Not represented- the Respondent. Criminal Review petition No.14 of 2002. (From the judgment and Order dated April 16, 2002 passed by the Appellate Division in Criminal Petition for Leave to Appeal No.183 of 2001). Judgment       &nbs....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....o Reported in: 1 ADC (2002) 335. ......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......2. The respondent Md. Akhteruzzaman was appointed as Statistical officer in Statistical Department on 30.11.1981 on receipt of a massage that his wife and daughter were attacked by diarrhea he left for Dinajpur on 30.11.1988 without informing the officer. On his return to Dhaka on 29.1.1989 he ca......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62