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Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....y the learned District Judge, Comilla dismissing on 29.4.92, Family Appeal No. 1 of 1991, pre­ferred by the plaintiff, and affirming thereby the judgment and decree dated 31.5.90 passed by a learned Assistant Judge of Family Court, Laksham dismissing Family Court Case No. 33 of 1989. 2. Responde......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..

Category: Family Law | Date: | Hits: 180

Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

.... relevant facts are that the plaintiff appellants got a contested decree of permanent injunction on 30.8.90 in Title Suit No. 380 of 1987, renumbered as Title suit No. 424 of 1984 of the Court of the Assistant Judge, the then Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restra......High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...

Category: Limitation Law | Date: | Hits: 166

Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)

....judgment and decree dated July 31, 1991 passed by the Subordinate judge, Second Court, Dhaka in Title Appeal No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......of the First Statutes of the University that the same was applicable to the plaintiff as an employee of University, because the said provision is appli­cable only for' the salaried Teachers and Officers of the University and as such the ques­tion of violation of the said provision by the ..

Category: Employment/Service Law | Date: | Hits: 69

Md. Badruzzaman Vs. Begum Shamima Naz Siddique and oth­ers, 1998, 27 CLC (AD)

....y a learned Single Judge of the High Court Division mak­ing the Rule absolute in Civil Revision No. 123 of 1988 (252/88) and thereby setting aside the order dated 13 August, 1987 passed by the Assistant Judge, First Court, Bogra Sadar in Miscellaneous Case No. 2 of 1986 allowing the same and...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..

Category: Property Law | Date: | Hits: 31

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....ssed by the learned District Judge, Noakhali in Title Appeal No. 105 of 1987 allowing the appeal and reversing the judgment and decree dated 4.3.87 passed in Title Suit No. 129 of 1985 by the learned Assistant Judge, Begumgonj Upazila who decreed the suit and declared that the temporary lease grante......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...

Category: Tenancy Law | Date: | Hits: 124

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

....Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka during the relevant period. 3....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......offered by the appellants by way of filing the above review application. 2. The appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent ..

Category: Criminal Law | Date: | Hits: 51

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ents Judgment May 28, 1998. Result: The appeal is allowed. Cases Referred to- Nuruzzaman Chowdhury Vs. Secretary, Education Deptt. 17 DLR (1965) p. 46; Osmania Glass Factory Vs. Assistant Collector of Customs, 19 DLR (1967) p. 592; Collector of Customs, Chittagong Vs. A Hannan,......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......tagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers Involved: S. M. Zillul Haque, Advocate instructed by Md. Na..

Category: Trust/Waqf Law | Date: | Hits: 190

Md. Shamsul Haque Vs. Salenullah and oth­ers, 2003, 32 CLC (AD)

....Court and that the High court Division did not a at all con­sider the appellant's contention that the learned Subordinate Judge erroneously held that Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's Bazar was not within the pecuniary jurisdiction of the said court.  3...... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ..

Category: Procedural Law | Date: | Hits: 38

Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

.... and decree dated 31.1.95 of the 5th Court of Subordinate Judge, Dhaka passed in Title Appeal No. 31 of 1993 dismissing the appeal and affirming those dated 30.11.92 of the 3rd Additional Court of Assistant Judge, Dhaka, passed in Title Suit No. 59 of 1992 decreeing the suit. 2. Facts nec......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....93 passed by the 4th Court of Subordinate Judge, Dhaka, dismissing the said suit. 2. The plaintiff-respondent's case, briefly is that on 11-6-73 he joined the service of the appellant as an Assistant Store Officer and in 1979 he was transferred to the TCB Office at Khulna. In the night fo......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......e 4th Court of Subordinate Judge, Dhaka, dismissing the said suit. 2. The plaintiff-respondent's case, briefly is that on 11-6-73 he joined the service of the appellant as an Assistant Store Officer and in 1979 he was transferred to the TCB Office at Khulna. In the night following 8-11-81 ..

Category: Employment/Service Law | Date: | Hits: 69

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....n Civil Revision No. 8110 of 1991 making the Rule absolute after setting aside the concurrent judgment and decree of the Courts below in Other Class Suit No. 115 of 1984 instituted in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ..

Category: Procedural Law | Date: | Hits: 63

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....appeal, by leave, by the plaintiffs arises out an application under section 10 of the Code of Civil Procedure filed by the defendant respondents in Title Suit no. 131 of 1994 of the Court of Senior Assistant Judge, Keranigonj which was rejected by the trial Court but allowed in revision by a sing......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..

Category: Property Law | Date: | Hits: 27

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......hat No. 5, Khulna. One Shaheb Ali Talukder lodged First Information Report with Khulna Police Station and P.S Case No. 32 dated 23.4.1995 was registered. During investi­gation of the case, the Officer-in-charge of Khulna police Station found that in order to get rid of Sonadanga Police Stati..

Category: Criminal Law | Date: | Hits: 45

Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)

....tiff's appeal by leave and it arises out of an order passed on 2.2.1995 in Civil Revision No. 3152 of 1995 making the Rule absolute upon setting aside the judgment and order 7.7.1993 passed by the Assistant Judge, Chandpur reject­ing an application under Order 7 Rule 11 of the Code of Civil ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..

Category: Property Law | Date: | Hits: 39

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

....g aside the judgment and decree dated 22.4.1993 passed by the learned Subordinate Judge, Bagerhat in Title Appeal No. 170 of 1991 affirming those of dated 21.5.1991 passed by the learned Additional Assistant Judge, Court No. 2 Bagerhat in Title Suit No. 280 of 1991 dismiss­ing the suit. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ......pondent No. 1 as plaintiff filed Title Suit No. 501 of 1983 (subsequently) renumbered as Title Suit No. 280 of 1991 in the Court of Munsif, Sadar, Bagerhat for declara­tion that order by Circle Officer (Revenue) Bagerhat in Miscellaneous Case No. 818/1983-84 and the kabala claimed in the sai..

Category: Property Law | Date: | Hits: 37

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....f appellant is from the judgment and order dated 12.2.95 passed by a Single Bench of the High Court Division in Civil Revision No. 1346 of 1993 reversing the judgment and decree passed by the learned Assistant Judge, Narayanganj, as the S.C.C. Judge on 22.4.93 decreeing S.C.C. suit No. 1 of 1987. ......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136...

Category: Tenancy Law | Date: | Hits: 154

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....- This appeal by leave is from the judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998. 2. The appellant S.C. Suit No. 3 of 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..

Category: Tenancy Law | Date: | Hits: 172

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....irected against the judgment and order dated 25.3.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2330 of 1995 discharging the Rule. The appel­lant was a Senior Assistant Traffic Assistant of Bangladesh Biman Corporation. His service was terminated on 19.10.94......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..

Category: Employment/Service Law | Date: | Hits: 81

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

....d: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. Shahabuddin Ahmed, Deputy Attorney General (Md. Sajjadul Huq, Assistant Attorney-General with him) instructed by Md. Sharifuddin Chaklader, Advocate-on-Record - ...... 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. ......re the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3. On 5 June 1979 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 13..

Category: Property Law | Date: | Hits: 28

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....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."  ......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."  ......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