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Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....nt Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Advocate-on-Record......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.  ......r a dec­laration that the said property is not an abandoned property. The writ petitioner was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed ex......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment Ap..

Category: Property Law | Date: | Hits: 42

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....a and others ........Respondents. Judgment March 4, 1999. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah and ors, 31 DLR (AD) 88; Abdus Samad & ors Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: Khondker Mahbubuddin Ah......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......s ........Respondents. Judgment March 4, 1999. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah and ors, 31 DLR (AD) 88; Abdus Samad & ors Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J AM Mahamudur Rahman J Indrajit Kundu and others.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents...

Category: Property Law | Date: | Hits: 34

Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)

....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. ......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. ......Referred to- Ehteshamuddin Vs. Bangladesh, 33 DLR (AD) 154; Nasiruddin Vs. Govt. of Bangladesh, 32 DLR (AD) 216. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (A.J. Mohammad Ali, Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record - For the Appella...... Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repre­sented by Secretary, Ministry of Industries and anot..

Category: Property Law | Date: | Hits: 39

Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)

....rs Involved: M. A. Wahhab Miah, Senior Advocate, instructed by Azra Ali, Advocate-on-Record – Appellant (In both the appeals). A.B.M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 1-2 (In Civil Appeal No. 79 of 199......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. ...... Appeal No. 80 of 1998) Judgment July 21, 1999. Case Referred to- 43 DLR (AD) 128. Lawyers Involved: M. A. Wahhab Miah, Senior Advocate, instructed by Azra Ali, Advocate-on-Record – Appellant (In both the appeals). A.B.M. Nurul Islam, Senior ...... Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Aminul Haque Shah Chowdhury @ Aminul Shah Chowdhury...................Appellant (In Civil Appeal No. 79 of 1998) Vs. Abdul Wahab Shah Chowdhury and oth­ers……..........Respondents (In Civi..

Category: Trust/Waqf Law | Date: | Hits: 226

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....ruddin Sircar, Senior Advocate (A.J. Mohammad Ali, Advocate with him), instructed by Mvi. Wahidullah, Advocate-on-Record - For the Appellants. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - Respondent No. 1. Not Represented - Respondent No. 2. Civi......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... Present:  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Amanatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Resu......vil) Present:  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Amanatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. ..

Category: Procedural Law | Date: | Hits: 36

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)

..... ......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Abdur Rob Chowdhury, Senior Advocate, instructed...... (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. ..

Category: Election Law | Date: | Hits: 282

Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)

....o Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......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. ......0 each in default to suffer rigorous imprisonment for three years more and also convicted four other-persons under different sections. 2. The facts of the case, in short, are that Md. Idris Ali, father of deceased Ruhul Amin as informant lodged First Information Report at Raipura Police S...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zakir Hossain and another………….Petitioners Vs. The State............................Respondent Judgment August 18, 2008. ..

Category: Criminal Law | Date: | Hits: 47

Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)

....Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ...... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ...... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......nbsp;   MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Mohammad Mozaffar Ahmed Miah ......................Petitioner Vs. The State and another....................................Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 38

Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)

....The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ...... Mrs. Sufia Khatun, Advocate-on-record- For the Petitioners.    Md. Bashir Uddin Zindigir, Advocate (Appearing with the leave of the Court) instructed by Muhammad Nawab Ali, Advocate-on-Record- For the Respondent No. 1.        &......bdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ratan Kumar Das and others.........................Respondents Judgment Ap..

Category: Administrative Law | Date: | Hits: 92

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

.... This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Khondaker Mahbub Hossain, Senior Advocate (with Sk. Mohammad Morshed, Advocate), instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No.12 of 2001. ......l Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J The State……………………. Appellant. Vs. Jahedul Islam @ Moulavi Banu………………&helli..

Category: Criminal Law | Date: | Hits: 58

Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)

....eported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ......rdingly, the appeal is allowed without any order as to costs.   Ed.  This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ......y 2, 2009. Result: 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......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Secretary, Ministry of Agricultural and others..... Appellants Vs. Rabia Khatoon and others..... Respondents Judgment February 2, 2009. Result: Th..

Category: Property Law | Date: | Hits: 43

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

..... Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Mvi. Wahidullah, Advocate-on-Record - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. ......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. ......CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment ...... ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents ..

Category: Property Law | Date: | Hits: 35

Ful Meher Bibi Vs. Abdul Wahab and oth­ers, 2005, 34 CLC (AD)

.... appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... 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 but he did not turn up to de......il) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....thout 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.......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.......ts Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur and others 35 DLR (AD) 216; ......Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Gazipur & oth­ers.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to-..

Category: Property Law | Date: | Hits: 42

Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)

....late Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors............lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respondent was not in any gainful employment during the period in question. Mr. Awlad Ali, learned Advocate, who entered Caveat for the plaintiff-respondent, could not satisfy us as ...... A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 83

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....ismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......tubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (S. M. Munir and Mrs. Tania Amir, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For Appellant. T. H. Khan, Senior Advocate, instructed by Md. Aftab Hossa...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22..

Category: Tenancy Law | Date: | Hits: 149

Janata Bank Vs. Md. Mofazzal Hossain and oth­ers, 1997, 26 CLC (AD)

.... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and oth­ers…………...Respondents Judgment ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and oth­ers…………...Respondents ..

Category: Employment/Service Law | Date: | Hits: 70

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....eme Court Appellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. ......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ...... and oth­ers....................Respondents Judgment May 2, 1999. Lawyers Involved: S. R. Pal Senior advocate (Md. Wahhab Mia, Advocate with him) instructed Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Md. Fazlul Karim, Senior Advocate instructed......fur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2,..

Category: Property Law | Date: | Hits: 23

Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

....ide and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...................Respondent Judgment: July 15, 2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and anoth­er, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers Involved: Mahmudul Islam, Senior Advocate......II ADC (2005) 408...

Category: Tenancy Law | Date: | Hits: 175

Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....n Civil Appeal No. 66 of 1997) Judgment May 17, 1998. Lawyers Involved: M. G. M. Abdul Faraj Mollah – For the Respondent (In Civil Appeal No. 67 of 1997). Md. Nurullah, Senior Advocate (Md. Bodruddoza, Advocate with him) instructed by Md. Nowab A......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... M. G. M. Abdul Faraj Mollah – For the Respondent (In Civil Appeal No. 67 of 1997). Md. Nurullah, Senior Advocate (Md. Bodruddoza, Advocate with him) instructed by Md. Nowab Ali Advocate-on-Record - For the Appellant (In all the cases). Mahbubur Rahman, Senior Advoc......TM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) ..

Category: Employment/Service Law | Date: | Hits: 66