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Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
.... judgment and order dated 20.04.2004 passed by the High Court Division in First Appeal No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are that the predecessor-in-interest ...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu...... M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
.... 12. Mr.Rafique-Ul-Huq has next submitted that section 3 of the Companies Act mentioned about the Court having power under its statutory jurisdiction and referred to a decision in the case of Dhaka Jute Mills Ltd and others Vs. Satish Chandra Banik reported 19 DLR 735 which arose out...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......s ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the app......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....which the petitioner was removed from his service and also the letter dated 12-8-1998 stating, inter alia, that he, on 1-4-1995, was appointed as a teacher in the Rifles Public School and College, Dhaka and he was confirmed in his post on 17-2-1998 and his name was included in the MPO ensuring t......e Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represe...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Education and......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....rt Division acted beyond its jurisdiction in directing release of the aforesaid property when the same had already stood acquired, that the Additional Chief Engineer, Roads and Highways Department, Dhaka Zone in the affidavit-in-opposition had asserted that they still require the land in question ...... DLR (AD) (2008) 7. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Bangladesh and others......................Appellants Vs. Nawab Abdul Malik Jute Mills Ltd........Respondent Judgment March 14, 2007. Resu...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for con...... J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....st one witness to prove the declaration and the circumstance leading to such declaration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy Commissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer ......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Ju......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....Division in Civil Revision No. 1816 of 2002 discharging the rule. 2. The respondent No.1 as plaintiff instituted Title Suit 4o of 1989 in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of......; Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) ...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mohammad Ali........................ Petitioner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Respondents J......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- A......ar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ull...... Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....ondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal No. 48 to 53of 1995 (From Judgment and Order dated 5th April, 1995 passed by the High Court Division, Dhaka in F.A. No. 255 of 1991(Dhaka) with Civil Revision No. 281 to 285 of 1988 respectively) ......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury........... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....ocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order dated May 17,1994 passed by the High Court Division, Dhaka in Civil Revision No. 8035 of 1991) Judgment: &nb......t Appellate Division (Civil) Present: A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....lternative lodged petition case No. 2783 of 1998 under sections 4207 4487 506 and other sections of the Penal Code. 3. The case being transferred to the learned Metropolitan Magistrate Dhaka, he heard the matter and by order dated 29.01.2001 framed charge against the petitioner ......resent: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment January 2, 2005. Lawyers I......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......, instructed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) ......Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case Referred to- Siddique Munshi Vs. The State, 44 DLR (AD) 169. Lawyers Involved: Abdul Malek, Senior Advocate, in......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 138 of the Negotiable Instrument Act (as amended)...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. Result: Leave is ......iminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....g the application filed by him under section 561A of the Code the Criminal Procedure. 2. The facts, in short, are that Md. Toufiqul Islam, Inspector, Task Force-4, Bureau of Anti-corruption, Dhaka on 3.04.2001 lodged a First Information Report with Shahajadpur Police Station against ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 163......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....ssir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent Judgment August 1, 2004. Result: ......k, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) ......e Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.............. made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ior Advocate-Amicus Curiae. Not represented-Respondent No. 3. Civil Appeal No. 4 of 1995 (From the Judgment and Order dated December 11, 1994 passed by the High Court Division, Dhaka in Civil order No. 4061 of 1994) Judgment: A. T. ......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....he High court division in writ petition No. 26 of 1994 discharging the rule and affirming the order dated 29-9-1994 passed in Industrial Relations Case No. 59 (ka) of 1989 by the Labour Court, Dhaka (respondent No.1) allowing the application of Md. Fazlul Hoque (respondent No. 2) under ......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appellants (In both Appeals) Vs C......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t any order as to costs. Ed. ...... Md. Ruhul Amin J Md. Tafazzul Islam J Sree Sukhendu Nath Saha and others…………………………….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....n (Civil) Present: Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Trading Corporation of Bangladesh, TCB Bhaban, Kawran Bazar, Dhaka .........Appellant (in all the cases) vs Md.Abdul Halim Bhuiyan & others (3......ed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
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