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Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....98 making the Rule absolute upon setting aside the judgment and decree of the court of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper judgment upon proper consideration of the evidence and materials on record. 2. P...... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ......ect and Rajkumar Bhattacharjee and his brothers did not enjoy the suit land and their subsequent settlement in favour of Ahmed Bepari was false and sale by Ahmed Bepari to the plaintiff is not legal and genuine and the name of the plaintiff is not legal and genuine and the name of the plain..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....e charges leveled against Respondent No. 2 in his presence, that Respondent No.2 was not allowed to cross-examine the witness examined by the appellant and that Respondent No. 2 was not given proper opportunity to defend himself, that Inquiry officer did not find anything against the Respon...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol...... held against the first party by the enquiry officer was not fair and proper and consequently the order of dismissal passed by the second party dismissing the first party from service was not legal and tenable under the law and accordingly first party is entitled to be reinstated in se..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....r late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the property situated at 156 and 157, Motijheel Commercial Area, Dhaka, comprising of 18 Kathas of land......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20......premises by Md. Serajuddin, the owner therefore and the predecessor in interest of the writ petitioners, the prayer for mutation of their name as successors in interest of Md. Serajuddin had no legal basis and that they succeeded in obtaining the impugned judgment and order by practicin..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nal Miscellaneous Case No. 1905 of 2008 discharging the Rule. 2. Short facts are that the petition of complaint was filed stating, inter alia, that the complainant agreed to sell her property at Khilgaon under Ramna Police Station at a consideration of Tk. 6,80,00,000/- with the ac...... is also Reported in: ......ficient". The complainant again placed the cheque for encashment on 9.3.2006 and 10.4.2006 and on these occasions the cheque was also returned with the same endorsement. The complainant issued legal notice on 25.4.2006 under registered post and also through courier service which accuseds rec..Category: Criminal Law | Date: | Hits: 47
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ct of any personal guarantee having been given by Mr. Masudul Alam Chaklader for the purpose of securing any credit of the limited company namely Shinan (Bangladesh) Limited and as such none of the properties of M.A. Chaklader can be attached and sold in connection with any so called liability of...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio......property certificate of the petitioners as 357/A, Madhubag, Moghbazar, Dhaka from the Dhaka City Corporation and annexing the certificate the learned Court vide order No.24, dated 22.02.2006 most illegally included the petitioners property for sale. 10. The petitioner Nos.1, 2 and 3 are t..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....hairman of the Union Parishad sent the said resolution to the respondent No. 4 on 04.04.2004. One of the interested inhabitants of Baharampur village gave an undertaking of gift away 0.50 acre of property if the place for proposed construction of Dohakul Union Parishad is selected at Braha......……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. ......l authority and made an adverse remark behind the back of the Chairman who is an elected representative of the locality of the people. He is the people's representative and public servant and had a legal entity. 5. The local people along with former woman member of the Union Parishad..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....nd it is stated that the suit land originally belonged to a company which was a British Company incorporated in London as "Rally Brothers" and after the liberation of the country the said property had been declared as an abandoned property under President's Order No. 16 of 1972 an......nbsp; (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited ………………………&hellip......92 and 17.02.1993 requested the defendant No.1 to hand over possession of the said schedule property but the defendant No.1 instead of handing over possession of the said property most illegally had cancelled the letter of intent by a letter dated 02.03.1993 along with this letter sent..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ty cannot issue an order for deputation without the consent of the employee. As the authority has not taken any consent of the writ petitioner and transferred him on deputation, he applied through proper channel for cancellation of the transfer order on deputation, to the Director General, B.A.R......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents ......02Ð2006 to the post of Senior Assistant Director (Administration) with effect from 23.02.2006 (Annexures-2-14) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and..Category: Employment/Service Law | Date: | Hits: 89
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....that the respondent does not fall within the definition of a 'surplus Public Servant' as provided in section 2(e) of the Ordinance and as such the impugned order dated 25.2.1988 was legal and proper. 12. Mr. M. A. Wahab Miah, learned Advocate for the respondent, relying on the same ......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of......ive Tribunal Act, 1980 (Act No. VII of 1981) for a declaration that the orders dated 25.2.1988 and 5.4.1988 passed by the Ministry of Establishment and the Directorate of N.S.I, respectively are illegal and further for a declaration that the respondent has been in the service of the N...Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and othÂers, 1999, 28 CLC (AD)
....ate father Dr. Habibur Rahim. The appellants purchased .74 acres of land from out of 1.20 acres. Anwar Rahim sold some portion of the said land to others and .46 acres still remain the ejmali property of the two brothers and the said sister. Before the plan was sanctioned respondent No......ivision (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Md. Shafiuddin Miah and another.......................Appellants Vs. Rajdhani Unnayan Kartripakhya and o......86 but an application under Order IX Rule 13 C.P.C was filed and Miscellaneous Case No. 104 of 1987 was started on 4-2-87. RAJUK considered the objection and upon obtaining the opinion of its legal adviser sanctioned the plan on 16-11-89. Upon the appellants application the plan was re-sanc..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
.... the Bank of Credit and Commerce International (Overseas) Limited (Reconstruction) Scheme, 1992 (hereinafter called the "Scheme"). In terms of clause 6(1) of the scheme the business, properties, cash and liabilities in Bangladesh of Bank of Credit and Commerce Industries hereinafte......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ......h have not been the subject matter of the scheme have not vested in the petitioner and as such the petitioner is not liable for the same. In the writ petitioner appellant as petitioner impugns the legality of an order dated 5-8-1999 passed in Money Suit No. 6 of 1994 instituted by respondent No...Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....no sense corruption. Besides, the learned Member of the Tribunal below has failed to take notice that the enquiry held in not haste before the submission of the reply to the charge sheet being no proper enquiry has greatly prejudiced the petitioner in his defence. We have shown above the irr...... (2004) 562. ......judgment and order dated 14.2.1996 the Administrative Tribunal dismissed the case ex parte holding that allegations brought against the respondent have been proved in the enquiry and there was no illegality in the departmental proceeding. The respondent then preferred the aforesaid Appeal No. 31 ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......55. ...... years ante-dated seniority was cancelled. 4. The Administrative Tribunal dismissed the case holding that respondent No.1 was not a freedom fighter and so the appellant did not commit any illegality in cancelling his antedated seniority. However the Administrative Appellate Tribunal..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... Appellant. Abdur Razzak Khan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 29 of 2002. (From the judgment and order dated 1st March, 2001 passed by the High Court Division in Miscellaneous Case No. 1627 of......nds, were found in the house of the appellant and the learned Special Tribunal Judge as well as the High Court Division failed to consider the above aspect of the matter and so the conviction is illegal on the face of it. Further, the appellant who surrendered before the court on 6.2.2001 is in ..Category: Criminal Law | Date: | Hits: 70
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....and forged one and appellant Abdul Latif @ Hanif has not denied the execution of the document in question and the document in favour of the complainant and her two sons in respect of the self same property. 7. It appears that the learned Counsel for the Petitioners for the first time......542. ......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dated 03.08.1996. The respondent Nos. 1 and 2 filed 1st Miscellaneous Appeal ......ohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of......Appeal) Rules, 1983, the respondents submitted their replies on 27.07.1996 but immediately after receipt of reply to the notice to show cause the appellants in collusion with each other illegally and arbitrarily dismissed the respondents showing the date of dismissal to be 25.07.1996 wh..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....at the instant application for succession certificate has not been filed by the appellant but same has been filed by his alleged attorney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and as such the application was liable to be dismissed. The Government of Bangladesh conte......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI......inary residence at the time of death was in the town of Khulna. He left behind 5 (five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only survivor and legal heir of the deceased. He was entitled to succession certificate of the debts and securities o..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
.... Suit No. 48 of 1983 dismissing the suit. 2. The respondent as plaintiffs instituted Title Suit No. 48 of 1983 in the Court of the then Munsif, Sujanagar for declaration of title in the suit property against the present appellants as defendants alleging inter alia, that the suit prop......is Case is also Reported in: 1 ADC (2004) 513. ...... 4. The learned counsel appearing for the respondent submits that the High Court Division passed the judgment and order sending the case back on remand to the trial court for fresh trial Court legally inasmuch as the trial Court did not comply with the order of remand and did not serve any n..Category: Property Law | Date: | Hits: 33
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....92, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia, that the disputed property originally be......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers...... 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia, that the disputed property originally belonged to Upendra Nath, Charu Bal..Category: Property Law | Date: | Hits: 82
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: ...... the High Court division to the respondent No. 1 was not sought for in the writ petition and as such the relief so given being beyond the relief sought for in the writ petition was consequently not legal. It has also been submitted that this court did not consider that direction given by the Hig..Category: Procedural Law | Date: | Hits: 83
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