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Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......Attorney General for the appellants and Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the respondent No.2 and perused the impugned judgment of the High Court Division and other connected papers on record. 7. The learned Deputy Attorney General appearing for the appellants has drawn ......nbsp; ......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
.... is whether the respondents could establish fraud in the matter of ordering ex parte decree but the respondents have failed. The learned Sub-judge is absolutely wrong in deciding the suit on the irrelevant ground which is not based on evidence on record." 12. It appears that a vast ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No....... 1 of the present suit as plaintiff could not produce any document supporting his alleged settlement of the suit plot. The trial court on consideration of the evidence of P.W. and DWs and the documents of both the parties, produced before it, believed the plaintiff's allegations that the e..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....r father's house and she was given in marriage about 40-45 years ago and Ful Mehar Bibi used to live at her father-in-law's house since marriage. There is nothing on record to show that at the relevant time for some reasons she was staying at her paternal house. There is no explanation ......r. Abdul Wadud Bhuiyan, the learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that Ful Mehar Bibi was defendant No.8 in original Title Suit No......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others................ summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......he appellants and Mr. Abdul Wadud Bhuiyan, the learned Counsel for the respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) and 4 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit plot Nos. 1662 , 1600, 1596, 1606 1350 and 1410 of mo...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam a......eenur and others reported in 35 DLR (AD) 216. 20. Regarding maintainability of the suit, he submitted that the plaintiffs have already produced papers showing payment of rent and rent receipts are documents of possession. Therefore, a simple suit for permanent injunction at the instance of the ..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ss certificate from a doctor on 8.1.90 he had gone to the mill on 9.1.90 to join his service but he was not allowed. Respondent No. 2 did not examine the doctor in support of his claim that at the relevant time he was fit to continue in service. 13. Mr. Md. Aftab Hossain next submits that......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Mohsen Jute Mills Ltd..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers I......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....er Mahbubuddin Ahmed learned Counsel for the plaintiff petitioners submits that in view of the oral evidence of P.W.2 Nawabjada Khawja Abdul Ghani, Mutwalli of the Dhaka Nawab Waqf Estate at the relevant time supported by documentary evidence Ext. 7 (permission given) by the Waqf Administrator......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
.... of the competent authorities. He added that the question of competency was not raised by the respondent either in the application before the Administrative Appellate Tribunal. 4. The relevant provisions of regulation 28 of the Service Regulations are as follows: "(2......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 1997.......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....Bureau Ordinance, 1977 (Ordinance No. XL VII of 1977) held on 24th December, 1977 decided, inter alia, that until its own service regulations are framed and approved, the Bureau may follow the relevant Government Rules in the matter of discipline. It may be mentioned that the Export Pro......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......me Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and othe......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....urt dismissed the appeal on 26 February 1968 holding that the vesting of the properties in question in the Government either under notifications issued under chapter II, or under Chapter V, on the relevant dates, was complete and final. The decision was reported as Chowdhury Tanbir Ahmed Siddiky......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ...... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 fro...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......rted in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......atifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- ......c interest. A passport authority according to Article 2(d) of the Order means an officer or authority empowered under rules made under the Bangladesh Passport Order, 1973 to issue passports or travel documents. Secretary, Ministry of Home Affairs is a passport authority within the meaning of Art. ..Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re......ssessed the land in suit, that plaintiff No. 1 was the lisencee of the defendant No. 1 in a portion of the suit property and the plaintiff No. 1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the Su..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......Nawab Ali, the learned Advocate-on-record for the appellant and Kazi Shahadat Hossain, the learned Counsel for the respondent and perused the judgment of the High court Division and other connected papers. 8. It is not disputed that the plaintiff appellant married the defendant respon.........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....in the purview of Section 6 of the Act. In order appreciate the submission let us examine Section 6 of the Act which runs as follows:- 11. In this connection let us put in juxtaposition relevant portions of the plaint filed by the respondent Nos. 1 to 3 which run as follows:- ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....urt of Subordinate Judge, Comilla. It was a suit, among other things, for declaration of plaintiffs' raiyati right, confirmation of possession and injunction and also for declaration that the relevant C.S. Khatians in favour of the defendants are wrong and without any basis. The suit was de......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......7 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......nce and found that the defendants did not deny the execution of the deed in their written statement but their case was that the L.T.Is of defendant No.1 were obtained on blank stamp papers for causing mutation of the Heba land. It may be mentioned that the defendant No.1, Gulshan ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatun and anr…………………….Respondents Judgment......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......s pre-occupation was not a sufficient ground for failure to take steps in the proceeding on the date of hearing. Throughout the long course of the proceeding the respondent is found to be negligent and as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to-......Karachi. In due course she received a notice of the allegation and filed an objection before the Administrator denying the allegation. But the Administrator after hearing the parties and perusing documents and considering a report of inquiry passed an order on 1 November 1974 removing her from t..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w......at kabala like Ext. A is invalid for all intents and purposes." Section 28 of the Registration Act is in the following terms: "S.28 Place for registering documents relating to land (1) save as in this Part otherwise provided every document mention..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....া রাখে।” The accused did not explain the circumstances appearing in the evidence against him. In this view of the matter the question of producing apparels of the accused is hardly relevant. 12. Next the High Court considered that the witnesses coming from the opposite direct......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... (AD) (1985) 145. ...... for review shall be accompanied by a certified copy of the judgment or order complained of, and when the application proceeds on the ground of a discovery of such evidence, certified copies of the documents, if any, relied upon, shall be annexed to the application, together with an affidavit sett..Category: Constitutional Law | Date: | Hits: 149
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