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Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... 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. ......1345 and 1362 alleging that although the real owners were in possession and enjoyment of the lands, they were not given any compensation as the officials of the Deptt. rejected their claim and the papers on which the claim was made. Subsequently the owners of the lands sold the same to the appel...... Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - Fo......cquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 1362 and 1366 on the ground that he was the owner in possession of the same by registered documents when the Government took over possession thereof. The Kanungo in his endorsement upon thi..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....aintained by PDB, Ext. 'Ta'. It is also submitted that the High Court Division was wrong in disregarding the log book, Ext.6, on the ground of overwriting without taking into consideration that the relevant figures in the log book were not overwritten and as such overwriting of other figures are......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." ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......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: 138
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... as the post has been upgraded to second class. It appears that pubic Service Commission in reply wrote to the Ministry of Land that in order to make recruitment in the Second Class Gazetted Post, relevant Service Rules required to be amended. Admittedly, the relevant service rules has not yet b...... 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. ......05) 87. ...... 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)
....ilitation. Abul Hashem Khan paid the entire consideration but possession of the disputed plot was not given to him as the land was in physical possession of appellant Bazlur Rahman at the relevant time. The appellant Bazlur Rahman then filed Title Suit No. 169 of 1967 challenging allot&......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......san J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Re......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. 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: II ADC (2005) 80. ......tains the time when it was lodged with the Motijheel PS. on 17. 09. 1994 which has been overlooked by the High Court Division and further submission that the charge-sheet itself discloses that the papers which were seized as alamats were recovered from the possession of respondent No. 1 and as s...... No. 1 (In Criminal Appeal Nos. 3-5 of 1996). Not represented - Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996 (From the Judgment and Order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision N...... 17. 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: II ADC (2005) 80. ..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....ught against the defendant and the suit should be dismissed as legally misconceived. Consequently the judgment of the High Court Division should be set aside. 3. The facts relevant for disposal of the appeal are that the respondents as the plaintiff filed Other Suit No.......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1......High Court Division's judgment dated 2.12.1999 in Civil Revision No. 182 of 1990 is wrong and perverse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that- (a) Exhibit-"A" registe..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....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. ......ute without considering the same. 6. We have heard Mr. Md. Nawab Ali, the learned Advocate-on-Record for the appellant and perused the judgment of the High Court Division and other connected papers. 7. The High Court Division held that learned Assistant Judge after due consid...... This Case is also Reported in: II ADC (2005) 52. ......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
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ing aside the judgment of the Court of Settlement which is a well reasoned one and that said judgment was made upon consideration of the facts and circumstances of the case in the background of the papers and the evidence brought on record by the parties. 8. The contention of the learned Additi......pellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. Alhaj......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....by producing a large number of decisions governing the question of amendment of plaint. Both of them submitted that having regard to the accepted and well-settled principles, to which, as are relevant, reference will presently be made and the facts of the case, the impugned judgment of the ......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. ...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......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)
....the Ministry of Works, Government of Bangladesh, to mutate the names of the respondents in place of late Md. Serajuddin, within 60 days from the date of receipt of the copy of the judgment, in the relevant records of rights of the Ministry of Works and all other records of the Government or wher......her late Md. Serajuddin and then in reply to their letter dated 28-07-87 requesting for mutating their names, the Ministry of Works by letter dated 2-8-87 directed the said heirs to submit certain papers and documents as mentioned in the above letter dated 2.8.87 for consideration of t......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20......d. Serajuddin and then in reply to their letter dated 28-07-87 requesting for mutating their names, the Ministry of Works by letter dated 2-8-87 directed the said heirs to submit certain papers and documents as mentioned in the above letter dated 2.8.87 for consideration of their reques..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......by the State for the petitioner and Mr. Mohammad Ali Akanda, the learned Deputy Attorney General for the respondent and perused the impugned judgment of the High Court Division and other connected papers on record. 8. It is true that there was no eye witnesses to the occurrence but......Petitioner Vs. The State..... Respondent Judgment February 01, 2009. Lawyers Involved: A. B. M. Bayzed, Advocate - For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General - For the Respondent. Jail Petition No. 13 of 2004 (Fro......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....or consideration in the case of Mostafizur Rahman Vs. Government of Bangladesh and 6 others reported in 51 DLR (AD) 40. In the said case Letter of Credit was opened on May 2, 1989 and at that time relevant S.R.O. dated June 16, 1988 was in forced, but later on by the S.R.O. dated June 15, 1989 t......ndent for importing the goods so assessed. 3. Facts stating which the writ petition was filed in short, that the respondent opened Letter of Credit on September 23, 1993 to import Cigarette papers and at that time tariff value in respect of the aforesaid goods was at US$ 1418 per metric t...... ...... 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
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
.... Sessions 2002-2003. It has also been emphasized that the letter of permission for admission in the Muktijoddha Quota shown in Annexure-'B' to the writ petition is a fake letter as evident from the relevant pages of the General Issue Register No. 2489 wherein the page relating to dated 26.6.2003 ......man, the learned Counsel for the petitioners and Mr. A. M. Amin Uddin, the learned Advocate for the respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers on record. 8. The learned Counsel for the petitioners submits that the High Court Di......(Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Vice-Chancellor, University of Dhaka and others..... Petitioners Vs. Ahmed Ar Razi and others…....... Respondents ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....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. ......oners have filed this petition for leave to appeal. 13. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that the High Court Division found that the writ petition i...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio......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
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......ion the petitioners have preferred this petition for leave to appeal. 8. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the suit in que......35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
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: ......q, the learned Counsel for the petitioners and Mr. Abdul Wadud Bhuiyan, the learned Counsel for the respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers on record. 13. The learned Counsel submits that the High Court Division ......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents ......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)
..... Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works and others reported in Law Guardian (AD) Vol. 4 page 125 may be reported let us reproduce below the relevant portion from the judgment:- "Though the uniform view of the Courts of the subcontinen......the learned Additional Attorney General for the petitioners and Mr. Abdul Wadud Bhuiyan, the learned Counsel for the respondents and perused the impugned judgment of this Division and other connected papers on record. 8. The petition for leave to appeal was barred by 437 days. It was according....... 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: ..Category: Limitation Law | Date: | Hits: 241
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177...... Mahmood, the learned Counsel for the appellant and Mr. M. Khaled Ahmed, the learned Advocate-on-Record for the respondent No.3 and perused the judgment of the High Court Division and other connected papers on record. 7. It appears from the record that the decretal amount was at Tk. 18,07,373/- ......hul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantil......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....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. ......in the Bainapatra and as such there is no necessity in sending the signatures of said Mir Ahmed for expert opinion. 7. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance of the points raised. The High......esent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Tafazzal Ahmed.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: ......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
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....t and order dated 28.4.1994 out of which the present appeal by leave has arisen. 6. At the hearing of the leave petition it was submitted by the learned Deputy Attorney General that certain relevant documents which were produced then could not be produced in the Tribunals below through in......which were important form the point of view of the appellant. He has submitted that the paper book for this appeal has been prepared incorporating all the relevant documents besides the usual papers. 9. The paper book which is before us is disgusting and could not have been more......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of......er dated 28.4.1994 out of which the present appeal by leave has arisen. 6. At the hearing of the leave petition it was submitted by the learned Deputy Attorney General that certain relevant documents which were produced then could not be produced in the Tribunals below through inadvertenc..Category: Employment/Service Law | Date: | Hits: 119
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