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Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan............................il) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) Showkat......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......resent: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....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.......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.......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...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the Rule before the High Court Division upon writ respondents to show cause as to why the order passed by writ respondent No. 3 dismissing the writ petitioner from service by notice in the Daily Bangladesh Times published on 7.11.1990 (Annexure-G) duly affirmed by the appellate order dated 23.......esent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......overnment Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....nt Mohammad Abdur Rouf J.- These three Appeals Civil Appeal Nos. 65, 66 and 67 of 1997 have been preferred, following a common order of granting leave, by the same respondent appellant, Bangladesh Road Transport Corporation, from three separate judgment and order, all dated 12.5.96, p......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) ......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. ......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..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records............. Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahmed Siddiky............................Respondent Judgment ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......an (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR (AD) 13. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record - For the Appellant. Khandaker Mahbubuddin Ahmed, Senior..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ficit court fees from the plaintiff decree holder the trial court corrected the decree by its order dated 3.9.96. In the meantime the appellants by Chalan No. 13374 dated 23.5.96 deposited in Bangladesh Bank, Sadarghat Branch Dhaka half of the decretal amount as well as the costs of th......late Division (Civil) Present: Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J ACKO Industries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....esent: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Ref......l) Present: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. C......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......) 1836; Province of Sind v. Public at Large PLD 1988 (SC) 138. Lawyers Involved: Barrister Rafique-Ul-Huq, Senior Advocate (Khandker Mahbub Hossain, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant. Mahbubey Alam, Additional Attorney-Genera..Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......wed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Dr. Md. Rashidul Islam..........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17......2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Appellant. Shahadat Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Re......disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....#2472;ে কন কৃষক জমি বিক্রি করিলে।) he may seek aid of Section 6 of Bangladesh Rin Shalishi Ain, 1989 otherwise the transaction cannot come within the purview of Secti......sion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Akkas Ali Biswas and others............ Appellants Vs. Ashit Kumar Mojumder and others.........Respondents Judgment February......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ...... Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ....... This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ed their suit challenging the decree of the respondent's partition suit to challenge the decree of partition suit, it is not necessary that another partition suit is to be filed. 7. Mr. Md. Ayub, learned Advocate for the respondent-defendant No.1, has made strenuous efforts to defend..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Begum Khodeza Akhter............Appellant (In both the Appeals) Vs. Hajera Khatun & ors...............Respondents (In both the Appeals) Judg......se is also Reported in: 37 DLR (AD) (1985) 212. ......h him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant (In both the cases) S.M. Hussain, Senior Advocate (A. B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....f Sub-Divisional Magistrate, (Special Magistrate under President's Order No.50 of1972) Moulvi Bazar, Sylhet. 2. On 12th June, 1973 an Inspector of Police, Special Police Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superin&sh......in Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb……………………………Appellant Vs. The State………………………&hellip...... This Case is also Reported in: 37 DLR (AD) (1985) 210. ...... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb…………………&h..Category: Criminal Law | Date: | Hits: 51
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... (1985) 184.......e any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......anga, AIR 1919, Cal. 325. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. T.H Khan, Senior Advocate instructed by Md. Aftab Hessian Advocate-on- Record—For the Respondent. Civil Appeal No. 148 of 1983. (Fr..Category: Procedural Law | Date: | Hits: 112
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. ......rder as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ....... This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence ......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J The State.......................Appellant Vs. Md. Haroon……………………….Respondent Judgment December 4, 1984. Resul......ase. In these circumstances, the accused is entitled to benefit of doubt, not as a matter of grace, but as of right because the prosecution has not proved its case beyond reasonable doubt." Per Shahabuddin J.- who observed: It is necessary to place the defence version and its supporting evi......s Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....61.......1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh has the p......late Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983...... will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......he Court give up even a fraction of this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....gnizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District...... (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment April 9, ......his Case is also Reported in: 37 DLR (AD) (1985) 135. ......; Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with Md. Zaker Hossain, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Petit..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......A Munim CJ Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment ......tion of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
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