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Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
.... November 24, 2002. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-part-Respondent Nos. 2-4. Civil Appeal No. 31 of 1998. (From Judgment and order date......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. ......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
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....d. Fazlul Haque J.- This appeal by leave is against the judgment and order dated 4.9.1994 passed by the Division Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Cour......ount Nos. 624, 643 and 654 respectively and kept the goods in the godown at Shabistan Cinema Building at Armanitola. The plaintiff took part delivery of the said imported goods from time to time upon payment against total outstanding dues of the above LIM accounts that subsequently the bank had to r......rk and 3 cases from London by opening L/Cs through the defendant appellant bank namely, Janata Bank (hereinafter referred as to the said Bank). The bank had cleared the said consignments by opening loan against import, LIM account Nos. 624, 643 and 654 respectively and kept the goods in the godown..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....r, Advocate, instructed by Md. Nawab All, Advocate-on-Record-For the Appellant. Ozair Farooq, Senior Advocate, Instructed by Aftab Hossain, Advocate-on-record-For Respondent No. 1. Ex-parte- Respondent Nos. 2-8. Civil Appeal No. 46 of 2001. (From Judgment and order da......in the year of 1359 B.S. Settled the suit land orally to the plaintiff Rakhal Chandra Pal. Manindra Nath filed Rent suit No.150 of 1956 wherein tie admitted the present plaintiff as his tenant. On payment of arrear rents the suit was dismissed. The plaintiff had been in possession of the suit la....... 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
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....Court of the District Delegate Judge who is also the Additional District Judge, Barisal who refused to grant probate by his judgment and order dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....ers of the Bank nor they are the guarantors in respect of the amount which was sanctioned as loan in favour of the defendant Nos. 1 and 2. 6. The Court of Subordinate Judge upon hearing the parties allowed the application filed under Order, 1, Rule 10(2) of the Code of civil Procedure by ......and failed to discharge the obligation with in stipulated time as per undertaking given at the time of availing one or more of the species as in Section 2(kha) of the Ain. The obligation of repayment of 'ঋন' as defined in section 2(kha) of the Ain is of the one who has availed t...... as many as 7 defendants including the present Respondent Nos. 1 and 2 stating, inter alia, that on the prayer of the defendant Nos. 1 and 2 the Bank by its sanction letter dated 16.7.1995 allowed loan of Tk. 5,00,000/- by way of Cash credit (hypothecation) and Tk. 30,00,000/- by way of Cas..Category: Civil Law | Date: | Hits: 121
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....ought for has been described by referring to the plots and the boundary thereof but without specifying the excess land, "gunjaish". Measuring 1 kanis 5 gandas 2 karas appertains to which particular plots and that are within which particular boundaries. In such situation contortion rais......e said excess land, "Gunjaish" fit for cultivation and thereby the pattan holders had been possessing land more than their pattani land for more than the statutory period of limitation on payment of rent to their landlord. The plaintiffs purchased the land from the heirs of pattan hold......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Alaluddin Vs. State, 2003, 32 CLC (AD)
....s commuted to one of life imprisonment." 14. However the High Court Division, in the instant case, having found that the petitioner in his confessional statement stated that initial part of the night after meal, had some events of their conjugal life and then when he told her that......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....51 she and Amena Khatun nullified the said deeds of gift by a registered deed of revocation dated 10.2.56 and she continued to keep in her possession all her inherited properties when she sold part the properties described in the schedule of the plaint to the appellant by a registered K......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... performance of any public duty. in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or sharer capital is held by or vested in the Government. 10......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ues on 25.02.2001 but still the cheques were returned unpaid on 26.02.2001 and then the complainant demanded the money sending a notice dated 10.03.2001 giving the accused 15 days time to make the payment but still no payment being made the complaint was filed on 22.04.2001 and the learned ......ment Act, 1881 against the respondent No.1 stating inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later iss..Category: Business or Commercial Law | Date: | Hits: 138
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... convicts, Monohar Ali and Afzal. 4. The appeals were heard together by a single Bench of the High Court Division and the learned single Judge allowed the Criminal Appeal No. 2256 of 1995 in part and thereupon acquitted Sree Lakhan Chandra Baddayakar. The learned Single Judge maintained th...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..Category: Criminal Law | Date: | Hits: 49
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....e direction to register the appeal…………..(10) Lawyers Involved: K. Z. Alam, Senior Advocate, instructed by Md. Ahsanullah Patwery, Advocate-on-Record-For the Appellants. Ex-parte- the Respondent. Criminal Appeal No. 3 of 2002 (From the Judgment and Order dated 14.08.......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
.... 2. The respondent Nos.1 to 9, filed the above Title Suit No.148 of 1992 seeking declaration of title Simpliciter in respect of the suit land stating, inter alia, that the suit land is part of C.S. /S.A Plot No.1497 the above plot comprised of an area of 3.09 acres and originall......suit land to Mr. Mujibul Hoque by kabala Nos. 23998 and 24036 both dated 19.6.79; Mujibul Hoque after getting possession of the suit land mutated his name and continued to possess the suit land on payment of rent to the Government and while in possession he died leaving the plaintiffs as his hei......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....ff-petitioners. 2. The predecessor of the plaintiff-petitioners instituted Title Suit No. 46 of 1985 in the Court of the learned Assistant Judge, Lohagora, Narail and the suit was decreed ex parte on 26.02.1995. The respondent Nos.1 and 2 being the defendants in the suit filed an ap......00/- (ten thousand) upon the plaintiff-petitioners and we are of the view that in the facts and circumstances of the case ends of justice would be met if the plaintiff-petitioners are exempted from payment of the aforesaid cost of Tk. 10,000/- (ten thousand). The plaintiff-petitioners are accord...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ..Category: Property Law | Date: | Hits: 25
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....No.112 of 1979 dismissing the same. The Suit was filed seeking declaration of title in and recovery of possession of 41/2 decimals of land, shown in the sketch map attached to the plaint, part of 22 decimals of land of the 'kha' schedule with is part of the land of 'ka' schedule. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..Category: Property Law | Date: | Hits: 46
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
....vocate-on-Record-For the Appellant. Mahmudul Islam, Senior Advocate (Probir Kumar Neagi, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..Category: Employment/Service Law | Date: | Hits: 72
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
.... denying the material allegations and primarily contending that by the order impugned area of the Respondent No.1 was not curtailed nor any new Nikah Registrar has been appointed in respect of any part of the area where in the writ petitioner was acting as Nikah Registrar and as such the order i......made hereinabove 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: 1 ADC (2004) 190. ......made hereinabove 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: 1 ADC (2004) 190. ..Category: Civil Law | Date: | Hits: 95
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....90.06.646.80 paisa which the appellant refused to accept. This amount excludes the running bills and the final bill amount was for Tk. 11,45,77,176.60 paisa which gave rise to a dispute between the parties. As a result the matter was referred to sole Arbitrator Mr. Justice Moksumul Hakim for arb......iod of two years of the unpaid amount of Tk. 6,82,40,216.13 Paisa is illegal. 11. It is submitted that section 29 of the Arbitration Act provided that where and in so far as an award is for payment of money the court may in the decree order interest from the date of the decree at such rat......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....12.80 the Ministry of land Administration and Land Reforms acquired the requisitioned property, but the case property was not acquired. By a subsequent L. A. case, L. A. case No. 5 of 1972-73, part of the two C.S. plots, namely, 3171 and 3474, were acquired by Gazette Notification but no sp......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....ernment is from the Judgment and order dated 26-11-96, passed by the Administrative Appellate Tribunal in Appeal Nos. 55 and 58 of 1995, dismissing the appellant's appeal, 55 of 1995, and allowing in part the respondent's appeal, 58 of 1995, from the decision of the Administrative Tribunal dated 19.......se by filing a written objection contending that the respondent having remained out of office for about 20 years and also having engaged himself as a practicing Advocate from 22-3-75, the question of payment of arrear salary does not arise. Even otherwise, the conditions in the order of reinstatem......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
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