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Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

.... In the said state of the matter it has been contended on behalf of the respondent No.1 that the expression Governing means 'the person or body of per­sons administering laws and government the State "Or that" the body or persons charged with the duty of Governing and exercising ce......n (Civil) Present: Mainur Reza Chowdhury J Md. Ruhul Amin J Mohamad Fazlul Karim J Qamrul Islam Siddique .................................Appellant Vs. Saber Ahmed and another..............................Respondent Judgment ....... Ed. This Case is also Reported in: 1 ADC (2004) 224. ......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

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Md. Golam Rasul....................Appellant Vs. Chan Mohammad....................Respondent. Judgment October 26, 2003. ......stored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..

Category: Property Law | Date: | Hits: 46

Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ......nbsp; (Civil)  Present:  Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J  Aminul Islam Chowdhury and oth­ers...............Appellants  Vs.   Abdul Hamid and others.............................Respondents  Judgment O......with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ..

Category: Procedural Law | Date: | Hits: 76

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Afsar Uddin Sarker..........................Appellant Vs. Md. Aftabuddin & others...................Respondents Judgment May 1......issed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......t Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Chandra Dhupi and another...............Respond......rted in: 1 ADC (2004) 214. ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..

Category: Property Law | Date: | Hits: 32

Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)

.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Aminul Islam.......................Appellant Vs. Mr. Tawhid Ahmed Siddique and others……...Respondents Judgment ...... dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..

Category: Employment/Service Law | Date: | Hits: 72

Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)

.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Narayan Chandra Sarker...............Appellant Vs. Abdur Rahman.............................Respondent Judgment June 25, 200......DC (2004) 197. ...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ..

Category: Procedural Law | Date: | Hits: 95

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. ......llate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Sultan Ahmed Talukder and anr.... .............Appellants Vs. Registrar of Trade Union, Dhaka Division and others .........Respondents Judgment......urt Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (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. ......ision (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J The Chairman and another...............................Appellants Vs. Md. Sakhawat Hossain and others......................Respondents Judgment ......peal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 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)

.... Reported in: 1 ADC (2004)184. ......t Appellate Division (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,......;tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......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

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....04) 182. ......ivision (Criminal) Present: Mainur Reza Chowdhury J Mohammad Fazlul Karim J Syed JR Mudassir Husain J The State.........................Appellant Vs. Md.Tuku Biswas.............Respondents Judgment April 9, 2002. La...... (Criminal) Present: Mainur Reza Chowdhury J Mohammad Fazlul Karim J Syed JR Mudassir Husain J The State.........................Appellant Vs. Md.Tuku Biswas.............Respondents Judgment April 9, 2002. Lawyers Invo......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..

Category: Criminal Law | Date: | Hits: 49

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. ...... Mahmudul Amin Choudhury J     Mainur Reza Chowdhury J Bangladesh Water Development Board WAPDA Building, Motijheel, Dhaka ..............Appellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, ......or Advocate instructed by Sharifuddin chaklader, Advocate-on-Record-For the appel­lant. Khandker Mahbubuddin Ahmed, Senior Advocate (Ozair Farooq, Senior Advocate with him) instructed by Md. Nowab Ali, Advocate-on-Record-For Respondent. Civil Appeal Nos. 43 of 2000. From......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. ..

Category: Civil Law | Date: | Hits: 89

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ...... Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represent­ed by the Deputy Commissioner, Dhaka and other....................................Appellants Vs. Abdul Wahab Mia and others.....................Respondents (In Civil Petition No. 118 of......t of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and Bazlur Rahman Ghana, A. A. G. with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Kh. Mahbuddin Ahmed, Senior Advocate......the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....ing the then preva­lent view that salary is a bounty of the Crown. The High Court of West Pakistan, Lahore in appeal held that the doctrine that the salary of a government servant is a bounty of the State is no longer applicable. On appeal by the State on the strength of a certificate granted by th......Rouf J  Bimalendu Bikash Roy Choudhury J  The Government of Bangladesh rep­resented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ahmed.....................Respondent (In both the appeals). Judgment July, ......nditions and rejoining his former post the respondent cannot now turn back and challenge those conditions. It will be a case of estoppels or in the alternative a case of waiver as held in the case of Md. Jahangir Kabir vs. Bangladesh, 16 BLD (AD) 85. Further under Rule 72 (b) of B.S.R. Part I, the G......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. ...... Latifur Rahman J Mohammad 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)......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. ......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

Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)

.... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... Choudhury J Md. Ruhul Amin J KM Hasan J The Secretary, Ministry of Environment and Forest, Bangladesh Secretariat, Dhaka and another........................Appellants Vs. Shaha Md. Nurul Islam..........Respondent Judgment April 23, 2002. ...... not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..

Category: Administrative Law | Date: | Hits: 95

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....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. ......eme Court Appellate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment ......Case is also Reported in: 1 ADC (2004) 136. ......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)

.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......J KM Hasan J Md. Fazlul Haque J Shamsu Miah and oth­ers represented by the Constituted Attorney Mohammed Hafizur Rahman and (11) oth­ers............Appellants Vs. The Government of Bangladesh, Represented by Secretary, Ministry of Housing and Public ......ts. Ed. This Case is also Reported in: 1 ADC (2004) 109. ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..

Category: Property Law | Date: | Hits: 27

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

.... concurrent finding of the Courts below by the High Court Division. He further submits that both the Courts below gave specific observation and finding that 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...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Raushan Akhter @ Moharaji Bibi and others........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January......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. ..

Category: Property Law | Date: | Hits: 30

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Shamir @ Shamir Khan and others.........................Appellant Vs. The State........Respondent Judgment May 12, 2002. Lawyers Involved: A. B.&......(Criminal) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Shamir @ Shamir Khan and others.........................Appellant Vs. The State........Respondent Judgment May 12, 2002. Lawyers Involve......one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ..

Category: Criminal Law | Date: | Hits: 78