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Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)

....the suit.   2. The facts, in short, are that the predecessors of the present respondent Nos. 1-4 filed Title Suit No. 493 of 1980 in the court of the Subordinate Judge, 2nd Court Dhaka for declaration that the deed of sale dated 4-6-1940 by Izzatunnessa Bibi in favour of Mohiu......sp;             Nuruzzaman (Md)......................... Appellant   Vs.   Moazzem Hossain and others.............. Respondents   Judgment   December 5,......p;                    Nuruzzaman (Md)......................... Appellant   Vs.   Moazzem Hossain and others.............. Respondents   ...... of the Civil Revision No. 1900 of 1991 before the High Court Division.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 56. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)

....authority’ and of no legal effect.   2. Respondent Nos. 1-6 tiled the aforesaid case before the Court of Settlement for exclusion of holding No. R/29 Block-D, Moharnmadpur, Dhaka from the “Kha” list of abandoned buildings. Their case is that, the said holding...... Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Bangladesh....................... Petitioner   Vs.   Amela Khatoon and ors............................... Respondents   Judgment   ......; AMM Rahman J   Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Bangladesh....................... Petitioner   Vs.   Amela Khatoon and ors............................... Respondents &n......pugned judgment.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 55 ..

Category: Property Law | Date: | Hits: 69

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

....application for review of the judgment passed by a Division Bench of the High Court Division in FA No. 366 of 1995. The said appeal was from a judgment and decree of the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 171 of 1988. In that suit the predecessor of the respondents namely, Khairun......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil......te Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. ......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...

Category: Property Law | Date: | Hits: 107

Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)

....e High Court Division dated 27-5-1998 passed in First Appeal No. 33 of 1990 dismissing the appeal and affirming the judgment and decree dated 30-9-1989 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 339 of 1977.   2. Khalilur Rahman, deceased predece......nbsp;                             Nurul Islam and others.................................... Petitioners       ......   Nurul Islam and others.................................... Petitioners                 Vs.   Jamila Khatun and others................................ Respondents ...... plaintiffs.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 45. ..

Category: Property Law | Date: | Hits: 64

State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)

....ain, Advocate-on-Record-For the Respondent.   Criminal Appeal No. 40 of 2000.   (From the Judgment and order dated 9-8-2000 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 2741 of 2000).   Judgment   ......ental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues…………&hellip......   Mainur Reza Chowdhury J            State......................................... Appellant   Vs.   Faisal Alam Ansari......................... Respondent   ......ntly, the appeal is allowed and the impugned judgment and order set aside.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 43. ..

Category: Criminal Law | Date: | Hits: 68

Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)

....espondent.   Civil Petition for Leave to Appeal No.776 of 2000.   (From the Judgment and order dated 31-5-2000 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.83 of 1998).   Judgment      ...... Rules, Part I, Rule 72(b)   The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that the respondent is entitled to the arrear pay and allowances………………………(7)  ...... Md. Gholam Rabbani J   Md. Ruhul Amin J    Secretary, Ministry of Establishment.................................. Petitioner   Vs.   A M Nurunnabi....................................Respondent   ......s condoned but there being no merit in the petition the same is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 41. ..

Category: Administrative Law | Date: | Hits: 117

Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)

....nged from the side of the respondent Nos. 1 and 2 in Appeal No. 25 of 2000, circulated by the memo dhaka gf/geshtota talika/89/330 [words in Bengali and the English Translation of these words are- Dhaka GF/ Seniority List/ 89/330] dated 2-2-1989 amongst personnel of GSE Department and therein se......   Mainur Reza Chowdhury J    Md. Gholam Rabbani J    Md. Ruhul Amin J     Bangladesh Biman Corporation and others................Appellants   Vs.   Md Tipu Sultan &......bsp; Md. Gholam Rabbani J    Md. Ruhul Amin J     Bangladesh Biman Corporation and others................Appellants   Vs.   Md Tipu Sultan & others........................................ Respon......n made herein before the appeals are allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001)31. ..

Category: Employment/Service Law | Date: | Hits: 63

Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)

.... Hoque J             Mohammad Ali...................... Petitioner   Vs.   ADC (Revenue), Dhaka & others............... Respondents   Judgment   Fe......y Md. Aftab Hossain, Advocate-on Record — For the Petitioner   Syed Ziaul Karim, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent Nos. 3 and 4.   Not Represented — Respondent Nos. 1 and 2.   Ci......    Kazi Ebadul Hoque J             Mohammad Ali...................... Petitioner   Vs.   ADC (Revenue), Dhaka & others............... Respondents  ......therefore, dismissed.           Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 27  ..

Category: Property Law | Date: | Hits: 47

Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)

....Court Division in Writ Petition No. 192 of 1991 discharging the Rule and upholding the judgment and order dated 7-1-1989 passed by the Court of Settlement in Case No. 176 of 1988 (Ka 7-Motijheel), Dhaka.    2. Respondent Nos. 2 to 5 filed the aforesaid case before t......   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairman, Court of Settlement and others........................Respondents   Judgment  ......ury J   Kazi Ebadul Hoque J   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairman, Court of Settlement and others........................Resp......imitations.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 26. ..

Category: Property Law | Date: | Hits: 61

Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

.... Karmarkar, Advocate‑on‑Record ‑For the Respondent. Civil Appeal No. 10 of 1994 (From judgment and order dated 3rd November, 1993 passed by the High Court Division, Dhaka in First Appeal No. 802 of 1991). Judgment:       ......164 ......d. Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Haripada Ghose and another................   Appellants      Vs. Gopal Chandra Ghose..........................Respondent Judgment April 18...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..

Category: Property Law | Date: | Hits: 67

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

.... Haque Siddique, Advocate‑on‑ Record- For the Respondents.     Civil Appeal No.61 of 1993. (From the Judgment and order dated 10.1,93 passed by the High Court Division, Dhaka in Civil Revision No.133 of 1988 (Sylhet) renumbered as Civil Revision No. 10022 of 1991 (Dhak......:47 DLR (AD) (1995) 162. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others........ Plaintiff‑ Appellants Vs. Md. Nurul Amin and others...............Defendant‑Respondents Judgment May 23, 1995. ......y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ..

Category: Property Law | Date: | Hits: 46

Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......llip;…………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Law......Taher …………………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment J......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..

Category: Others | Date: | Hits: 101

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

....y Md. Nawab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 85 of 1993. (From judgment and order dated 28th February, 1993 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.62 of 1993). Judgment ATM Afzal CJ.- This appeal by leave is from judgme...... Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result: The Appeal is......l CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 1......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..

Category: Administrative Law | Date: | Hits: 111

Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)

....Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent.   Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95 of 1993.) Judgment:     ...... ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent.   Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Shahana Hossain......................................Defendant‑Appellant Vs. AKM Asaduzzaman..................................Plaintiff‑Respondent Judg...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..

Category: Property Law | Date: | Hits: 68

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....esented ‑ Respondent Nos. 2 & 3. Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Civil Revision No. 58 of 1988 (Jessore). Judgment:     &......l) Present: ATM Afzal J   Mustafa Kamal J      Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants         &nbs...... Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants           Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Sha......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..

Category: Property Law | Date: | Hits: 124

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....'s cousin Md. Milon that Golap Mia. Forkan and Seraj Mia had murdered his father. Jaj Mia being seriously injured was taken to hospital at night at about 4 AM. He survived the injuries and was in the Dhaka Medical College for about two weeks. It is also the case of the prosecution that the appellant......Case is also Reported in: 47 DLR (AD) (1995) 149. ...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Forkan alias Farhad and another…………………………...Accused‑Appellants Vs. State............................................................Respondent Judgment ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..

Category: Criminal Law | Date: | Hits: 49

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....;        Md. Ismailuddin Sarker J: This appeal by leave by the appellant, Director (Establishment and Administration) T & T Board, Telecommunication Building, Dhaka is against the judgment and order dated 31.3.1993 passed by the Administrative Appellate Trib......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ......ahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant Vs. Hasan Ahmed Bhuiyan and another...............................................Respondent ......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..

Category: Administrative Law | Date: | Hits: 138

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....ave by the appellant‑petitioner is from the judgment and order dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No. 34 of 1988 affirming those of the Administrative Tribunal, Dhaka dated 27.10.88 dismissing the appellant's AT Case No.22 of 1988 filed against the order dated ......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Touri......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..

Category: Administrative Law | Date: | Hits: 175

Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)

....ion with Mirpur Police Station Case No. 30(6) 94 under section 19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was sent to the Central Jail where the order of detention dated 11 June 1994......Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers In......09. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed.  This case is also reported in: 47 DLR (AD) (1995) 109. ..

Category: Criminal Law | Date: | Hits: 75

Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)

....Latifur Rahman J.- This appeal at the instance of defendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the ......t. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ...... Appellate Division (Civil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Rahman .................Appellant Vs. Hazera Khatun ........................Respondent Judgment March 21, 1995.......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..

Category: Property Law | Date: | Hits: 47