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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
.... Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1 -3. Ex-parte-Respondent Nos.4-5. Civil Appeal No.12 of 1998. (From the Judgment and Order dated 26th August, 1997 passed by the High Court Division in Civil Revision No. 2801 of 1994).......tated that he has no personal knowledge about the transaction. Thus the evidence of P.W.2 is nothing but of hearsay nature and this aspect of the evidence of the said witness has not been noticed by the High Court Division, rather misread the evidence of P.W. 2 as regard the nature of ......d the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transaction upon showing exchange of 'ka' schedule land in favour of pre-emptee for 'kha' schedule land in favour of the respondent No. 4. It was the positive case of the pre-empt..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....vocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the Appellate Division in Civil Appeal No. 75 of 1997). Judgmen......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......991 (Civil Revision No. 139 of 1989, Comilla) making the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the G..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....ecord-For the Appellant. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-part-Respondent Nos. 2-4. Civil Appeal No. 31 of 1998. (From Judgment and order dated 3.12.97 passed by the High Court Division in Civil Rule No. 117(F) of 1993). Judgment ......No. 176 of 1993, the appellant as petitioner moved this court on the following amongst others:- "For that the learned judges of the High Court Division failed to take notice of the fact that the plaintiff respondent opposite party No. 1 has entered appearance in ...... leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number aris..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
....ers. Md. Narul Islam, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 ...... 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: 1 ADC (2004) 413. ......Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment &nb..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....Record-For the respondent No. 3 (In both the appeals) Ex-parte-Respondent Nos. 1-2, 4-6 (in both the appeals) Civil Appeal Nos. 320 & 321 of 2001. (From Judgment and order dated 20.5.1998 passed by the High Court Division in Writ Petition Nos. 4646 and 4648 of 1997). ...... Control Center and he served at many places and lastly, he was working as Resident Engineer at Nokia Electric Supply, Sherpur. Thereafter on 11.1.1996 the petitioner was suspended from service by notice dated 11.1.1996 and was asked to show cause as to why disciplinary action should not be take......to remote areas and it was not possible to stop pilferage of power, and further a sum of Tk. 21,43,940,63 paisa remained outstanding with the Government offices and many consumers are not traceable for which another sum of Tk.4,77,181.54 remained outstanding. Thereafter, on 21.8.1996 the appellan..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....mrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judgment M......ases are under tampered condition. The bank by its letter dated 14.2.74 denied pilferage from its godown, and refused to deliver the goods till clearance of entire dues of LIM accounts and by legal notice dated 22.5.76 demanded payment of the outstanding dues. Present market value of the undeliver......ion Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mes..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....oq, Senior Advocate, Instructed by Aftab Hossain, Advocate-on-record-For Respondent No. 1. Ex-parte- Respondent Nos. 2-8. Civil Appeal No. 46 of 2001. (From Judgment and order dated 26.4.1995 Passed by the High Court Division in Civil Revision No. 914 of 1987). Judgem...... done in the present case. Sub-sections 1 and 2 of Section 87 of B.T. Act are as under:- "87. (1) if a raiyat or under raiyat voluntarily abandons his residence without notice to his landlord and without arranging for payment his rent as it falls due, and cases to cu......rhat in Title Suit No. 396 of 1975 dismissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession there..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....enior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-4. Civil Appeal No.151 of 1995. (From judgment and order dated 04.11.1999 passed by the High Court Division in Appeal from Original decree (F.A) Probate No.......parties filed a compromise petition in the said First Appeal, and the High Court Division granted the probate as was prayed for, by the compromise petition and in the terms of the compromise. It is noticed that the appellant herein contested in the probate case in the original Court contending in......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was contesting in the said probate c..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant. Not Represented- the Respondents. Civil Appeal No. 90 of 1998. (From the Judgment and Order dated March 30, 1997 passed by the High Court Division in Civil Order No. 1383) Judgment ...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants includin..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....neral with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondents (In Civil Appeal No. 61 of 1997) Civil Appeal Nos. 60 and 61 of 1997 (From the judgment and order dated 17th February, 1997 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 29 o......ainst him under the Police Officers (Special Provisions) Ordinance, 1976 on a charge of corruption on the allegation of illegally releasing 18 bales of Indian cloth seized by him. A show cause notice was served upon him on 15.10.1984 to which he submitted a written statement in his defiance ......29 of 1995.) Judgment Mahmudul Amin Choudhury CJ.- These two appeals are taken up for disposal which arose out of judgment and order dated 17th February, 1997 passed by the Administ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....cate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). Judgm...... Court Division further held that the trial Court considered this material evidence regarding the bainapatra and found that the bainapatra is not a genuine document. The appellate court below noticed that the trial Court found that there was over writings in the bainapatra but did not menti......passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen ..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
....ate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioners. Not represented- the Respondent. Criminal Review petition No.14 of 2002. (From the judgment and Order dated April 16, 2002 passed by the Appellate Division in Criminal Petition for Leave to Appeal No.1....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ...... Not represented- the Respondent. Criminal Review petition No.14 of 2002. (From the judgment and Order dated April 16, 2002 passed by the Appellate Division in Criminal Petition for Leave to Appeal No.183 of 2001). Judgment &nbs..Category: Criminal Law | Date: | Hits: 61
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
....howdhury Md. Zahangir, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Criminal Appeal No.1 of 1998. (From the judgment and order dated December 10, 1997 passed by the High Court Division in Criminal Miscellaneous Case No. 4691 o...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ......14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. 2. Criminal Miscellaneous Case was filed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for anticipatory bail. The High Court Division by the order dated December 10, 1997 upon issu..Category: Criminal Law | Date: | Hits: 64
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....y Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of 2000 and ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......nbsp; Syed JR Mudassir Husain J. - These 2 (two) appeals by way of leave granted on 19 August, 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. ..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....ord-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142 of 1994).......ld not be dismissed from service. 3. The respondent duly showed cause denying all the charges brought against him. Thereafter the Secretary, Ministry of planning issued the second show cause notice on 28.2.1989. The respondent was dismissed from service on 3.12.1989. Hence the A.T. Case No......2. The respondent Md. Akhteruzzaman was appointed as Statistical officer in Statistical Department on 30.11.1981 on receipt of a massage that his wife and daughter were attacked by diarrhea he left for Dinajpur on 30.11.1988 without informing the officer. On his return to Dhaka on 29.1.1989 he ca..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....ior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For the Appellants. Not represented- the Respondents. Civil Appeal No. 1 of 1995. (From the judgment and order dated August 2, 1994 passed by the High Court Division in First Appeal No. 717 of 1991). Jud......t adduce any documentary evidence to prove the same and on the contrary the recital in the patta, Ext. 1 (ka) and in the rent receipts, Ext. 3 series, filed by the plaintiffs themselves as already noticed by us disprove their allegation of gunjaish.......we do not fined the evidence of witn......e further case of the plaintiffs was that there were fellow lands and jungle land adjacent to the pattani land and the pattan holders and their heirs made said excess land, "Gunjaish" fit for cultivation and thereby the pattan holders had been possessing land more than their pattani la..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....or the Appellant. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Ex-Parte-Respondent Nos. 4-9. Civil Appeal No. 61 of 1995. (From the judgment and Order dated 11.1.1995 passed by the High Court Division in Civil Revision No. 291 of 1989 (Rangpur) No. 9......the sister, the pre-emptor respondents, were substituted as heirs of the deceased brother in O.S. No. 9 of 1975 and the Execution case No. 9 of 1981. The pre emptor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and ......he kabala in favour of the pre-emptee appellant, subsequently, when the attorney failed to execute and register a Kabala in favour of the pre-emptee appellant she brought O.S. No. 9 1975 for specific performance of contract and obtained an ex parte decree which was executed and a ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....ip;.Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Appeal......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Sectio..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. Jail petition No. 13 of 2003. (From Judgment and order dated 08.03.2003 passed by the High Court Division in Death Reference No. 2 of 2000 heard along wi......was initiated. In the meantime the local people, being suspicious, caught the petitioner who was making contradictory statements. Later on, during inquest of the body of the victim, the police noticed black mark on the neck of the victim and it was revealed that the petitioner, in collu......er having dinner, they brought back the victim to the house of the petitioner. On 23.4.1998, at about 5-00 a.m. Fuljhuri, the wife of the brother of the petitioner, went to the house of informant and informed that the victim Balika could not be traced. The informant then rushed to the h..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
.... Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No.103 of 1998. (From the Judgment and Order dated August, 1994 passed by the High Court Division in Civil Revision No.36/86 (Chittagong)/Civil ...... Khatun and that the understood the same and that some disinterested and competent person with a fair understanding of the whole matter advised her the High Court Division failed to take notice of the fact that late Fatema Khatoon appointed Mr. Delwar Hussain as her Advocate and the fi......the Suit. 2. Mrs. Fatema Khatun (now dead), the mother of the appellant instituted the above Other Suit No. 247 of 1978, where in the respondent No.1 and the appellant were impleaded as pro forma defendant Nos.1 and 2 respectively. Praying for a declaration that the agreement of compromis..Category: Procedural Law | Date: | Hits: 87
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