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Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....onsidering the aforesaid circumstances the High Court Division found that there being such a dispute between the mother and the son no fiduciary relationship did exist between them and at the relevant time the respondent No.1 had not been in active confidence of his mother accordingly the p......1 in collusion with Abdul Mabud Sowdagar, an influential person, who obtained the left thumb impression of late Fatema Khatun on the blank sheet of paper giving her the understanding that by those papers the suit would be compromised keeping her ownership in the suit held intact, it appears that......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. C......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)
....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. ......ntains the time when it was lodged with the Motijheel P.S. on 17.09.1984 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......lam J Khurshid Alam..........Appellant (In Criminal Appeals Nos. 3-5 of 1996) Md. Shahjahan..............Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawy......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)
.... ignored the fact that the cheque was again presented on 25.02.2001 and was returned unpaid on 25.02.2001. To examine the propriety or there wise of the impugned judgment let us quote relevant portion of Section 138 of the Act as amended which runs as follows:- ......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. ...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referre......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. ..Category: Business or Commercial Law | Date: | Hits: 138
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....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. ...... on the suit land started harassing the plaintiffs by making false allegations against them and at their instigation on 26.9.91 a Magistrate came to evict the plaintiffs but on perusal of the papers the Magistrate refrained from evicting them but subsequently at the instance of the same qua...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Commissioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ......nbsp; decimals of land to Mosammat Mahela Khatun by Kabala No. 5991 dated 13.4.1968 and Mahela Khatun then sold his 3½ decimals of land to him ( the respondent No. 6) by two registered documents dated 5.3.84 and since then he has been in possession of the above 3½ decima..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....etary of the Ministry of LGRD was quite legal. 8. The respondent No.1 and others were absorbed as Executive Engineer in the LGRB by the office order dated 22nd December 1984 and at that relevant time terms and conditions of the service of LGEB personnel were regulated by the provision......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......Present: Mainur Reza Chowdhury J Md. Ruhul Amin J Mohamad Fazlul Karim J Qamrul Islam Siddique .................................Appellant Vs. Saber Ahmed and another..............................Respondent Judgment February 10, 2002. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..Category: Administrative Law | Date: | Hits: 95
Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)
....the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......tric ton and 160 metric tons of T. M. Compound @ US 700 per metric ton respectively. On arrival of the imported goods at the port the importers through their Clearing and Forwarding Agent submitted papers before the Customs Authority for assessment of Customs Duty and other levies on the basis of ......ed in:1 ADC (2004) 223. ......the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......l Wadud Bhuiyan, the learned Counsel for the respondent Mr. Md. Abdur Razzaq, the learned counsel for respondent No. 30 and perused the judgment of the High Court division and other connected papers. 5. Dr. Hossain mainly argued that the learned judges of the High Court Division held...... (2004) 195. ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......he Board, but writ petitioner filed without impleading the Board and as such writ petition was not maintainable. 8. The submissions so made appear to be not correct. It is seen from the papers on record that while the writ Respondent Nos.1 and 2 in their affidavit-in-opposition raise...... ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......rned Deputy Attorney General for the appellant and Mr. Abdul Malek, Senior counsel for the respondents and perused the impugned judgment and order of the High Court Division and all other connected papers. 7. It appears that in criminal petition for leave to appeal No. 103 of 1996 this Div......ion (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Tafazzul Islam J The State..........................Appellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Lawyers In......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....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. ......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. ......ellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Ad......their evidence both oral and documentary. No objection was raised either against the first Arbitrator or against the second Arbitrator before them or in the Court. The appellants produced all their documents before the Arbitrator and also led oral evidence from which it cannot be found that Mr. M..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
.... of the writ petitioner respondents that they were not plaintiffs in T.S. No.36 of 1955 learned Attorney prayed for time and time was allowed to him to produce the certified copy of the plaint and or relevant page of the suit register concerned to show that the writ petitioner respondents were plain......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......s also Reported in: 1 ADC (2004) 149....... owners of Hardeo Glass, Aluminum. Enamel and Silicate Works as non-agricultural tenants in the in the lands of the respondents and the High Court Division acted illegally in not considering the said documents though filed as annexure to the affidavits in opposition filed by the appellants of both t..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....ppellate Tribunal wrongly decided otherwise. Mr. B. Hossain next submits that the Civil Court's decree having not contained any direction to pay arrear salary or promotion to the respondent, the relevant Government Rules, namely, Rules 72 (b), 34 and 195 of the B. S. R. Part-I are fully applica......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. ......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......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
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......f law involved in all these appeals being common they are being disposed of together in one judgment. 3. Broadly speaking the importer appellants imported certain articles, such as Cigarette papers, Crude Marble etc. from Different countries. The common question is whether the tar......mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....section 151 of the code of Civil Procedure for amendment of the plaint by adding a new paragraph after paragraph 4 of the plaint stating that during preparation of the plaint certain important and relevant facts could not be stated and that due to bona fide omission new khatian No. 769 was writt......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......ate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....quired. There upon allotment of plots were made to the petitioners of the respective writ petitions. These allotters deposited the amount mentioned in the letters of allotment. Thereupon the relevant authority made over possession of the plots so allotted to the respective writ petit......h by the so called allotments writ petitioners did not acquires any right in the land so claimed to have been allotted. It was also the case of the respondents No.1 that signatures appearing in the papers relating to the allotment were denied by the concerned officials upon affirming affidav......o Reported in: 1 ADC (2004) 109. ......h Court Division upon affording opportunity to the writ petitioners to controvert the contents of the papers i.e. Affidavits affirmed by the officials denying the genuineness of their signatures in documents relating to allotments and explaining the circumstances in the background where of ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....d not inform him anything regarding the case. The trial court held that three tax receipts dated 21.10.1989, 31.05.1989 and 24.11.1989 Ext. A series were filed by the plaintiff to show that at the relevant time the Defendant petitioner collected taxes by going to the villages and as such he was ......x receipts. 3. We have heard Mr. Md. Amir Hossain, learned Counsel for the appellants and Mr. Mahbubey Alam, the learned senior Counsel for the Respondent Nos. 1-9 and perused the connected papers. It is on record that Other Class Suit No. 263 of 1986 brought by the respondent was ......d. This Case is also Reported in: 1 ADC (2004) 107. ......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....eriod of 3 months for completion of the enquiry was bad in law. 4. The Rule was opposed by the respondent No.2 by filing Affidavit-in-Opposition contending, inter alia, that during the relevant period from July, 1992 to June, 1993 due to negligence of the writ petitioner target for r...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ...... Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgment May 21, 2002. Lawyers Involv...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......n: 1 ADC (2004) 100. ......the notice under section 89 (4) of the State Acquisition and Tenancy Act shown to have served is a subsequent creation for the purpose of filing pre-emption case and there remains variation in the documents filed before the Court and both the Courts below held that same as fraudulent document bu..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......the conduct of the election which provided that at the order of the Vice-Chancellor, the Registrar in addition to intimation by post under certificate of posting shall notify in two daily newspapers one in English and one in Bengali published from Dhaka certain particulars which are the dat......ury CJ Mahammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and others.....................Appellants (In Civil Appeal No. 54 of 2001) Vs. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ...... that the intendment of the legislature is that only the Government can pass on order under this section and not the Deputy Commissioner, But from the impugned order i.e. the seizer list and other papers annexed, it appears that the arms were seized by officer in charge, Kotwali, at the instance......resent: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
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