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Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....ssistant Attorney-General with him) instructed by Md. Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 51 and 52 of 1997. (From the Judgment and Order dated 14 August, 1996 passed by the High Court Division in F.M.A. Nos. 60 and 112 of 1995). ...... 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)

.... Appellant. Manjur-Ur-Rahim, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 83 of 2000. (From the Judgment and Order dated 15 March 1999 passed by the High Court Division in First Appeal No. 277 of 1994) Judg......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)

....am, Senior Advocate (Mrs. Tania Amir, Advocate with him) instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Intervener Civil Appeal No. 20 of 2001 (From the Judgment and Order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1998) Judgme...... 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)

....- For the Respondent No. 1-7(In both the appeals) Not represented - Respondent Nos. 8-13 (In both the appeals). Civil Appeal Nos. 256-257 of 2001. (From the Judgment and Order dated 13 November 2000 passed by the High Court Division in Writ Petition No. 588 of 2000). ......nt Nos. 1-7 Abul Hashem Khan the termination of the lease without giving any notice was ipso facto illegal, as permanent right had been accrued in favour of the said respondents and there being no breach of the condition of lease, it could not be cancelled as it had been done in the instant case..

Category: Property Law | Date: | Hits: 30

Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)

....the Appellants. Azra Ali, Advocate-on-Record - For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5. Civil Appeal No. 58 of 2000. (From the Judgment and Order dated 12.11.1998 passed by the High Court Division in Civil Revision No. 2948 of 1992.) Judg......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..

Category: Property Law | Date: | Hits: 33

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....ey General & Mahmudul Islam, Advocate - Amicous Curiae Not represented - Respondents No. 3 and 4 Civil Appeal No. 28 of 1990. (From the Judgment and Order dated 13th November, 1989 passed by the High Court Division, Dhaka in Civil Revision No. 569 of 198......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

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....il Appeal No. 97 of 1997) Not Represented - Respondent Nos. 1-5, 12, 13 & 15 (In Civil Appeal No. 97 of 1997). Civil Appeal Nos. 97-98 of 1997. (From the Judgment and Order dated 27 June, 1996 passed by the High Court Division in Writ Petition No. 2465 of 1992). Ju......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)

....l, instructed by Mr. Mvi. Md. Wahidullah, Advocate-on-record - For the Appellants. Not Represented – the Respondent. Civil Appeal No. 287 of 2001. (From the Judgment and Order dated June 24, 1998 passed by the High Court Division in Writ Petition No. 1970 of 1993) Jud...... 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)

....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 by the High Court Division in Writ Petition No. 8184 of 2006.) Judg......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

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

....sain, 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 September, 2007 passed by the High Court Division in Appeal from Original Dec......erform its part of the contract and claimed for specific performance of the contract, it would possibly a different case. It is settled law that where a party to a contract commits an anticipatory breach of the contract, the other party may choose to keep the contract alive till the time of perf..

Category: Property Law | Date: | Hits: 42

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

..... 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 passed by the High Court Division in Writ Petition No. 5063 of 2005) ......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)

....enior Advocate (Syed Amirul Islam, Senior Advocate 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 ...... 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)

..... Md. Aftab Hossain, Advocate-on-Record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 36 of 2008 with Criminal Petition No. 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Jud......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

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....               Md. Joynul Abedin J.- This petition for leave to appeal by the plaintiff is directed against the judgment and order dated 27.2.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 4266 of 2......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..

Category: Property Law | Date: | Hits: 36

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....n, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For respondent No. 4. Ex parte-Respondent Nos. 1-3. Civil Appeal No. 106 of 1997 (From the Judgment and Order dated 3-6-97 passed by the High Court Division in Writ Petition No. 2042 of 1994) Judgment ...... 4 (sister). 9. It is not disputed before us by any of the parties that RAJUK has no authority under Section 9 of the Building Construction Act, 1952 to cancel/suspend a sanctioned plan for breach of any of the terms or conditions or for making any incorrect statement under which such san..

Category: Property Law | Date: | Hits: 35

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

....ain, Senior Advocate, Instructed by A.S.M. Khalequzzaman-For the Respondent No. 2. Not represented-Respondent No. 1. Civil Appeal No. 125 of 2002. (From the Judgment and Order dated 9.2.2002 passed by a Division Bench of the High Court Division in Writ Petition No. 3123 of 1......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)

....r the Appellants. Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 49 of 2000. (From the Judgment and Order dated 31st March, 1998 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 1......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

Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)

....instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Review Petition No. 10 of 2003. (From the Judgment and order dated 19.07.2003 passed by the Appellate Division of the Supreme Court in Criminal Petition No. 108......e or error appar­ent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..

Category: Criminal Law | Date: | Hits: 47

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

....dvocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of 1996). ......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)

.... Abdur Razaque Khan, Additional Attorney General, instructed by Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Appeal No. 222 of 2000. (From the Judgment and order dated 18 February 1999 passed by the High Court Division, Dhaka in First Appeal No.19 of 1998) ......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