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Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....fused on the ground that the block loan will not bear any interest as per terms and con­ditions and the plaintiff Bank did not file any proper account of sale of the pledged goods. Besides, the Bangladesh Bank by a Circular dated 19.3.84 waived penal interest charged against the borrower and...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

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

.... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The ......) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The appeal is a......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result:......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. ..

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

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

.... in: II ADC (2005) 219. ......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant App......J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, repre­sented by its Secretary and......High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..

Category: Property Law | Date: | Hits: 32

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

....(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, rep­resented by its Chairman…………....Appellant Vs.......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, rep­resented by its Chairman…………....Appellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases R......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. ..

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

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

....of the Rule on 4.6.88 and thereafter engaged Mr. Abdul Mannan Khan Advocate at Rangpur Bench. But in pursuance of the judgment of the Appeallate Division on the 8th Amendment of the Constitution of Bangladesh the record of the said Rule was transferred to Dhaka bench. It was heard and disposed o......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 199...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..

Category: Property Law | Date: | Hits: 30

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

....ly instituted suit between the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other court in Bangladesh hav­ing jurisdiction to grant the relief claimed, or in any court beyond the limits...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv...... Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgme......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

Hezera Khatun Vs. State, 2001, 30 CLC (AD)

....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......ury CJ Mainur Reza Chowdury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. ...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ..

Category: Criminal Law | Date: | Hits: 42

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. ...... (M. Faisal H. Khan, A.A.G. with him) instructed by B. Hossain, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 63 & 64 of 2003 (From the Judgment and Order dated 17.12.2002 passed by the High Court Division in Death Reference No. 5 of 2000 hear......J Faruque @ Jamai Faruque ...............Appellant (In Criminal Appeal No. 63 of 2003) L.M. Liakat Ali Laskar......................Appellant (In Criminal Appeal No. 64 of 2003) Vs. The State………...Respondents (In both the appeals) Judgment ...... 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. ..

Category: Criminal Law | Date: | Hits: 45

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

....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. ...... Present: Mainur Reza Chowdhury J KM Hasan J Syed JR Mudassir Husain J Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. ......ate Division (Civil) Present: Mainur Reza Chowdhury J KM Hasan J Syed JR Mudassir Husain J Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgme......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)

....being aggrieved by the judgment and decree of the lower appel­late court in Title Appeal No. 170 of 1991, filed Civil Revision No. 765 of 1994 in the High Court Division of the Supreme Court of Bangladesh, and a learned Single Judge of the High Court Division, by the judgment and order dated...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003.......Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents ...... 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. ..

Category: Property Law | Date: | Hits: 37

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

....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.......tiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-......upreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rhman J Mohammad Abdur Rouf J Musammat Mohsena Khatun.........Plaintiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defend......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

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

....d 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 and in the morning of that dat...... Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and oth­ers……...Respondents Judgment August 26, 2003. Lawye......Court Appellate Division (Civil) Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and oth­ers……...Respondents ......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)

.... Present: ATM Afzal CJ Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: ...... 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......vil) Present: ATM Afzal CJ Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers...... 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. ..

Category: Property Law | Date: | Hits: 28

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

....ellate Division (Civil) Present: Latifur Rahman CJ Kazi Ebadul Hoque J Mainur Reza Chowdhury J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 1...... 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; ...... Appellate Division (Civil) Present: Latifur Rahman CJ Kazi Ebadul Hoque J Mainur Reza Chowdhury J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment ......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: 135

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....t the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 making the Rule absolute and directing the respondent No. 8 herein the Government of Bangladesh to deliver possession of the Plot No.3/1, Block-A, Lalmatia Housing Estate to the respon......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......r Reza Chowdhury J KM Hasan 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 ......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. ...... 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...... Md. Tafazzul Islam J Khurshid Alam…....Appellant (In Criminal Appeal Nos. 3-5 of 96) Md. Shahjahan.................Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman & oth­ers......... Respondents (In all the appeals) Judgme...... 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

Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)

....e is also Reported in:II ADC (2005) 48. ......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......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 Shamsul Haque and Others…………………..Respondents Judgment March 15, 200......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)

....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. ...... ATM Afzal J Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment ......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

Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)

....ent: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and......reme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, D...... Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and another..........Respondents Judgment May 1, 2002.......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..

Category: Property Law | Date: | Hits: 37

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

.... MM Ruhul Amin J Md. Tafazzul Islam J Rupali Bank Ltd. Head office, Motijheel Commercial Area, Dhaka...........Appellant (In Civil Appeal No. 97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Ap......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.........Appellant (In Civil Appeal No. 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) ......heel Commercial Area, Dhaka; the appellant bank including its predecessor Standard Bank had been in possession of the premises since 1965 to the knowledge of the public in general and also late Mr. Sirajuddin and the respondents in particular; the premises in question was duly mutated in the nam..

Category: Property Law | Date: | Hits: 35