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Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....or the Appellant M.A. Wahab Miah, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents Civil Appeal No. 56 of 1996. (From the Judgment and Order dated 10th August 1994 passed by the High Court Division in Civil Revision No. 1710 of 1992.) ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. D..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Respondents Not Represented - Respondent Nos. 2-6. Civil Appeal No. 51 of 1994. (From the Judgment and Order dated 27 April, 1994 passed by the High Court Division Dhaka in F.A. No. 11 of 1984 (Chittagong) F.A......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......f sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale dated 1 August 1979 wa..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants Md. Aftab Hossain, Advocate-On-Record-For the Respondent. Civil Appeal No. 17 of 1994. (From the Judgment and Order dated 28.5.92 passed by the Administrative Appellate Tribunal in Appeal No.89 of 1991) Judgment ......ission and thereby the government incurred a loss of Tk. 2,900/- on those allegations departmental proceeding No.1/87 was started against the respondent. The respondent was served with a show cause notice and thereafter he was temporarily suspended. The Additional District and Secession Judge Mr......te Tribunal in Administrative Appeal No. 89 of 1991 affirming those dated 7.10.91 passed by the Administrative Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the Districts and Se..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record-For Respondent No.1. Not Represented-Respondent Nos.2-6. Civil Appeal No. 58 of 1994. (From the Judgment and Order dated 16th May, 1993 passed by the High Court Division, in Writ Petition No. 683 of 1989). J...... contention. In the cited case, an employee of the then Pakistan Co-operative Bank Limited questioned the authority of the Bank to dismiss him from service without issuing a second show cause notice alleging, inter alia, that the Bank had adopted the procedure of the Government Civil Servic......uses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Commi..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....cate instructed by Sharifuddin Chaklader, Advocate-on-Record - For Respondent No. 2. Not represented - Respondent No.1. Civil Appeal No. 68 of 1994 (From the Judgment and Order dated 11-3-93 passed by the High Court Division in Writ Petition No. 688 of 1987) Judgment ......ertificates described the respondent's illness as 'chronic peptic ulcer' with skin troubles with anaemia and cardiac weakness. The High Court Division did not refer to the medical certificates, but noticed section 16 of the Act which is as follows. "16. Discharge from servic......e High Court Division discharging the Rule Nisi in Writ Petition No. 688 of 1987. 2. Respondent No. 2, worker under the appellant, took leave upto 23-9-80 on 19-9-80. He fell ill and applied for leave from time to time. When he applied for leave for two months from 25-9-80 the appellant se..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ructed by Mvi. Md. Wahidullah, Advocate-on-Record – For respondent No. 1. Not represented - Respondent Nos. 2-3. Civil Appeal No. 18 of 1998. (From the Judgment and Order dated 30-1-95 passed by the High Court Division in Writ Petition No. 1041 of 1993). Judgment......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......en living with her husband at Chittagong. Her children were also born at Chittagong. At the time of filing of the writ petition the writ petitioner was a Canadian resident. She left Chittagong for U.K. on the last day of October, 1971 in connection with her business abroad and also for..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....instructed by Shamsul Haque Siddque, Advocate-on-Record - For respondent No.1. Not represented - Respondent Nos. 2-11. Civil Appeal No. 27 of 1997. (From the Judgment and Order dated 17.2.92 passed by the High Court Division in Civil Revision No. 81 of 1987). Judgment ......8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77. The pre-emptor was a co-sharer and no notice of transfer was served on him and that he has filed the case for pre-emption within 4 (four)......respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77. The pre-emptor was a co-sharer and no notice of transfer was served on him and that he has filed the case for pre-emption within 4 (four) months from the date of knowledge and he has land which added with..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....h; For Respondent No. 1 Akhtar Imam, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record - Respondent No.2 Civil Appeal No. 15 of 1997. (From the Judgment and Order dated June 7, 1994 passed by the High Court Division, Dhaka in Writ Petition No. 802 of 1994). ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......udgment and order dated 7 June, 1994, passed by a Division Bench of the High Court Division summarily rejecting the writ petition. 2. In the said writ petition the appellants prayed for a Rule Nisi upon the respondents to show cause as to why they shall not be directed to make ov..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
.... Nurul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For respondents (In C. A. No. 80 of 1998). Civil Appeal No. 79-80 of 1998. (From judgment and order dated 18.5.1998 passed by a Single Bench of the High Court Division in Civil Revision Nos. 3730 of ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... in both the appeals joint Mutwalli of the Waqf Estate. Against this order Abdul Wahab Shah Chowdhury and Abdul Quayyum Shaha Chowdhury a beneficiary preferred Miscellaneous Appeal No.129 of 1981 before the learned District Judge, Rajshahi under section 43 of the aforesaid Ordinance. Abdus Satter..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....am Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - Respondent No. 1. Not Represented - Respondent No. 2. Civil Appeal No. 57 of 1994. (From the Judgment and Order dated 10 Match 1994 passed by the High Court Division, Dhaka in Civil Revision No. 814 of 1993). ......ion Bench of the said court found that Sheikh Bagu was an attesting witness in the registered sale deed of 1922 (wrongly stated to be the deed of 1935) and that as a prudent man Sheikh Bagu must have noticed in the sale deed which lands were sold to Abdul Barek and others. It was further found tha...... owning, possessing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....vocate, instructed by Zahirul Islam, Advocate-on-Record - For Respondent No. 1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 231 of 2003 (From the judgment and order dated 13th April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003) J...... writ-petitioner-respondent No. 1 alleged that the nomination paper of the respondent No. 4 the appellant was declared valid in an illegal and malafide manner though it was brought to the notice of the Returning Officer that the appellant-respondent No. 4 having taken and advance o......ision in Writ Petition No. 536 of 2003) Judgment Syed JR Mudassir Husain CJ.- This appeal by leave at the instance of Md. Jahangir Alam (Selim) writ-respondent No. 4, a candidate for election for the post of Chairman of No. 9 Kaimpur Union Parishad under Kashba upazila, Distric..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....ate-on-Record- For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 372 of 2007. (From the judgment and order dated the 11th day of February, 2007 passed by the High Court Division in Criminal Appeal No.3508 o......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 372 of 2007. (From the judgment and order dated the 11th day of Febr..Category: Criminal Law | Date: | Hits: 47
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
....nbsp; Civil Petition for Leave to Appeal No. 277 of 2007. (From the judgment and order dated 29.11.2006 passed by the High Court Division in Writ Petition No.4309 of 2002.) Judgme...... Shirin in the service of the college. Accordingly, the Governing Body of the college in a meeting held on 06.08.2002 decided to place the petitioner under suspension without issuing any show cause notice upon him and he was placed under suspension. 3. We have heard Mr. Abdul Wadud Bhuiya......bsp; Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 277 of 2007. (From the judgment and order dated 29.11.2006 passed b..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....sp; Not represented- Respondent Nos.2. Civil Appeal No.191 of 2003. (From the judgment and decree dated 19.08.2001 passed by the High Court Division in First Appeal No. 164 of 1998.) Judgmen......e the suit. The defendant at the time of execution of the agreement for sale handed over the original title deed of the suit, property to the plaintiff. The plaintiff also caused issuance of legal notice prior to filing of the suit. 3. The defendant No.1 contested the suit by filing writt......peal No.164 of 1998 dismissing the appeal by the High Court Division. The First Appeal arises out of the judgment and decree dated 22.02.1998 passed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The f..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....te (with Sk. Mohammad Morshed, Advocate), instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No.12 of 2001. (From the judgment and order dated 24.7.1995 passed by the High Court Division in Criminal Appeal No.573 of 1992.) Ju......ion of confession by the Magistrate after a prolonged detention of the accused respondent in police custody and for failure on the part of the trial court to bring the confessional statement to the notice of the accused respondent during his examination under section 342 of the Code of Criminal ......cquitting them of the charge levelled against them. 2. The prosecution case is that P.W.1 Md. Anisur Rahman, father of the deceased A.B.M. Mamunur Rashid alias Mamun lodged the First Information Report(F.I.R.) on 22.12.1987 with Naogaon police station alleging that on 22.12.1987 at a..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....r Rahman, Advocate-on-Record-For the Petitioner. Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition For Leave To Appeal No. 462 of 2008. (From the judgment and order dated 12.2.2008 passed by the High Court Division in Writ Petition No.6768 of 2001.) Order Md.......ssessee of companies circle-15, Taxes Zone–5, Dhaka having TIN: 2509-400-0011. The writ petitioner submitted its income tax return for the assessment year 1998-1999 claiming nil income. Pursuant to notice under sections 79 and 82(1) of the Income Tax Ordinance, 1984 an authorized representative ap...... merely a matter of procedure. The effect of repeal or amendment in the procedural law will be that in the pending cases the new procedural law will apply because as a general rule alterations in the form of procedure are retrospective in character unless there is some contrary provision in the repe..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....-For the appellants. Muhammad Nawab Ali, Advocate-on-record-for the Respondent No. 2. Not represented- Respondent No.1, 3-9. Civil Appeal No. 25 of 2001 (From the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989). J......ed by the Government, the Agriculture Department issued a tender on 15.5.1989 for renovation of the building in question at a cost of Tk. 3,55,000/-. The writ petitioner being aggrieved by the tender notice as owner of the property challenged the tender notice before the High Court Division in the w...... The appeal is allowed. Lawyers Involved: Mrs. Naima Haider, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the appellants. Muhammad Nawab Ali, Advocate-on-record-for the Respondent No. 2. Not represented- Respondent No.1, 3-9. Civil Appeal No. 25 of 2001&n..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....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. 146 of 19......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. ...... 1st Court, Dhaka decreeing Title Suit No. 202 of 1970. 2. Respondent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....lants. Mahbubey Alam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 69 of 2003. (From the Judgment and Order dated 29.01.2002 passed by the High Court Division in Civil Revision No. 2951 of 1998). Judg...... passed on 25.08.1992 and the final decree was passed on 05.07.1993 but the application under order 9 rule 13 of the Code of Civil Procedure was filed on 09.03.1994. The High Court Division further noticed that one Md. Ramjan Ali had swoon affidavit as the nephew (sister's son) of Ful Mehar Bibi......002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka, impleading ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
.... Khatun, Advocate-on-Record - For Respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) & 4. Not Represented - Respondent Nos. 5-18. Civil Appeal No. 81 of 1999 (From the Judgment and Order dated 30.11.1998 passed by the High Court Division in Civil Revision No. 3961 of 1996) Judgment ......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.......Revision No. 3961 of 1996 discharging the Rule. 2. Short facts are that the plaintiff respondent filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the su..Category: Property Law | Date: | Hits: 42
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