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Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

.... of Dhaka Municipal Corporation Ext.5 related to the suit property or not and whether suit property is abandoned property or not and whether Nasima Khatun and Farhana Khatun were no locals and left Bangladesh during liberation war are questions of factor and were decided in the first appeal upon...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Com­missioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 200......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......f 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..

Category: Property Law | Date: | Hits: 29

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

....bsp;     Amirul Kabir Chowdhury J. - Saleha Begum and four other plaintiff-petitioners have preferred this petition under Article 103 of the Constitution of People's Republic of Bangladesh seeking leave to appeal against the judgment and order dated 07.12. 2004 passed by a Sin......vision (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Saleha Begum and others..................... Petitioners Vs. Nisar Uddin and others................. Respondents Judgment May 8, 2007. ...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......se is also Reported in: 13 MLR (AD) (2008) 342. ..

Category: Property Law | Date: | Hits: 25

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

....bsp;               Md. Ruhul Amin J.- This appeal by leave has been preferred by the Chief Engineer, LGED (though government of Bangladesh rep­resented by the Secretary, Ministry of LGRD and Co-operatives was party in the A......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 ......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. ....... Ed. This Case is also Reported in: 1 ADC (2004) 224. ..

Category: Administrative Law | Date: | Hits: 95

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...... 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.  ......with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ..

Category: Procedural Law | Date: | Hits: 76

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

.... Authority (DESA) in the rank of Executive Engineer with effect from 1.3.1976 in pursuant to the Memo. Dated April 13, 1996 of the Ministry of Power, Fuel and Mineral Resources of the Government of Bangladesh and the Memo. Dated September 29, 1997 issued by the Dhaka Electric supply Authority giv...... 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 ...... 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. ...... 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

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......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. ......urt 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 ......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. ......peal 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

Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)

.... in writ petition No.1468 of 2000 making the Rule absolute and there­upon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard grant­ing of lisence of Nikah Registrar to the appel&s......Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Saiful Islam..........................Appellant Vs. Md. Abdur Rahim and other........Respondents Judgment May 24, 2004. ......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......owed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ..

Category: Civil Law | Date: | Hits: 95

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

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

Category: Criminal Law | Date: | Hits: 35

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

.... ...... 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, ......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. ......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..

Category: Civil Law | Date: | Hits: 89

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

.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represent­ed by the Deputy Commissioner, Dhaka and other................................ 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......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. ......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..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

....This Case is also Reported in: 1 ADC (2004) 149.......nt of Bangladesh and ors..........Appellants (In Civil Appeal No. 46 of 1999) Bangladesh Mukti Joddah Kalyan Trust and ors...........................Appellants (In Civil Appeal No. 47 of 1999) Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors...............Respondent (In both the appeals)......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...

Category: Tenancy Law | Date: | Hits: 148

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

....ate Division (Civil)  Present:  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J  Bimalendu Bikash Roy Choudhury J  The Government of Bangladesh rep­resented by the Secretary, Ministry of Establishment……………… Appellants (I......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, ......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. ......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..

Category: Administrative Law | Date: | Hits: 138

Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)

.... 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). Judgment ...... 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)......2 D.L.R (AD) 167; Collector of Customs, Chittagong and others vs. Ahmed Hossain and 39 others, 48 DLR (AD) 199. Lawyers Involved: Dr. Kamal Hossain Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Records-For the Appellants (In all appeals). Ex-parte- the Re......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)

.... Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury J Md. Ruhul Amin J KM Hasan J The Secretary, Ministry of Environment and Forest, Bangladesh Secretariat, Dhaka and another........................Appellants Vs. Shaha...... 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. ...... 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. Cases Re...... 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 ......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. ......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)

.... 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 Works..................... ........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 ...... 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. ......ts. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..

Category: Property Law | Date: | Hits: 27

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......4) 107. ......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..

Category: Procedural Law | Date: | Hits: 84

Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)

....ision (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgment ......pellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgme...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......der as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..

Category: Employment/Service Law | Date: | Hits: 69

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

....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. ...... 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......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. ......as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..

Category: Property Law | Date: | Hits: 30