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Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....nterest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant and proforma ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......ion in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Gove......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 63

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....ed respondent of the charge under Sections 328 and 420 of the Penal Code. 2. The facts disclosed in the leave petition, in short, are that P.W.1 A. K. M. Amirul Alam and employee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......hchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower business and aforesaid A. K. M. Amirul Alam agreed and paid Tk. 55,000/- on 08.03.......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ..

Category: Criminal Law | Date: | Hits: 92

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ............Respondent Judgment 28th July 2004 Lawyers Involved: Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant. Abdus Sobhan, Senior Advocate, instructed by A. K. M. Shahidul...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

...., and section 5A of the Sales Tax Ordinance, 1982 (XVIII of 1982), the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the inner carton and master carton for keeping them in the deep freeze for export and thereby he has been exporting shrimps to the Japa......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)

....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......n the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the su......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 57

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent Judgment 13th August 2004&nbs...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....aka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Uni......discussions 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: 18 BLT (AD) (2010) 486. ...... petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for promoting the writ Respondent Nos. 4-86 from the post of Assistant Superintendent of police to......discussions 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: 18 BLT (AD) (2010) 486. ..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....h Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having been born in Chittagong on 2.2.1919; that he was educated in Calcut......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ...... No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......nt Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by th......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 73

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

..... The learned Subordinate Judge dismissed both the suits and the counter claim. 3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986 in Bangladesh Observer for sale of 22 truck chassis on "as is where is' basis. The plaint......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... No.3. Dhaka, in Money Suit No. 132 of 1991 who dismissed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of cer......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......bsp; M. M. Ruhul Amin, J:- This petition for leave to appeal is against the judgment and order dated 02.11.2003 passed by a Division Bench of......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 66

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......al No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......rch 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief…………&hellip......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Constitution of Bangladesh, 1972, Article 104 The Code of Civil Procedure 1908 (V of 1908), Order XIV, rul...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..

Category: Employment/Service Law | Date: | Hits: 211

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents. J......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......f 1999 making the rule absolute. 2. The facts, in short, are that the judgment of the court of appeal below was delivered on 9.3.1998, decree was signed on 16.3.1998, the application for the certified copy was filed on 22.3.1998 and delivery was taken on 6.7.1998. 3......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 133

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....ad Fazlul Karim, J.- This appeal at the instance of the contemner-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting t......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk. 2000/- each, in default, to suffer simp......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 118

Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin, J. K. M. Hasan, J. Md. Fazlul Haque, J . Syed Ehsanul Hussain and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Responden......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......spondent. Judgment April 27, 2003. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Cou......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 110

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....sion (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others…………………�......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ffirming those dated 7.12.2000 of the Administrative Tribunal, Dhaka rejecting the appellant's Execution Case No.3 of 2000. 2. The facts, leading to this appeal, are that the appellant filed the aforesaid Miscellaneous Appeal No.4 of 2000 for declaration that as per judgment dated 24.6.1996 of t......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..

Category: Administrative Law | Date: | Hits: 162

Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)

....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......, dismissing the same. 2. Facts in the background of which the Dispute Case was filed, in short, are that Respondent No. 1 is the Member (No. 179) of Mirpur Mazar Co-operative Market Society Limited (the Society) and he got allotment of shop Nos. 235(ka) and 235(kha) in the ground ...... who died later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of money the appellant and his brother would return the shop no. 235 (kha) to him a......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..

Category: Procedural Law | Date: | Hits: 111

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....rs……….....Respondents Judgment December 9, 2003 Result: The Appeal is allowed. Cases Referred to- Al-Haj Abul Basher, being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11, Nur Mohammad and others Vs. Moulvi Mainuddin Ahmed and others......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......e judgment and decree dated April 16, 1997 of the 2nd Court of Senior Assistant Judge, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property describ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..

Category: Limitation Law | Date: | Hits: 189

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