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Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....326. ......326. ......view of the discussions made herein-above 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:II ADC (2005) 326. ......view of the discussions made herein-above 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:II ADC (2005) 326. ..

Category: Property Law | Date: | Hits: 45

Bangladesh and oth­ers Vs. Jahangir Alam and others, 1998, 27 CLC (AD)

.... For Respondent No. 1. Not Represented - Respondent No. 2-3. Civil Appeal No. 69 of 1997. (From the Judgment and Order dated 26 May 1997 passed by the High Court Division in F. M. A. No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant...... For Respondent No. 1. Not Represented - Respondent No. 2-3. Civil Appeal No. 69 of 1997. (From the Judgment and Order dated 26 May 1997 passed by the High Court Division in F. M. A. No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ...... Ed. This Case is also Reported in: II ADC (2005) 318. ..

Category: Property Law | Date: | Hits: 34

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...

Category: Tenancy Law | Date: | Hits: 124

Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and oth­ers, 2003, 32 CLC (AD)

....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ...... (Pvt.) Ltd. and oth­ers....Respondents  Judgment April 15, 2003.  Result: The appeal is dismissed. Lawyers Involved:  Dr. Rafiqur Rahmna, Senior Advocate (Tofailur Rahman Advocate with him), instructed by Serajur Rahman, Advocate-on-Record - For the Appellant.&nbs..

Category: Civil Law | Date: | Hits: 88

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....ratlal AIR 1963 (Guj) 253; Laxmi Chand Gangaram vs. Brijbhushandas, AIR 1970 (Madhya Pradesh) 34; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; AIR 1940 (FC) 20. Lawyers Involved: A.B.M. Khairul Huq, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the appellan......ratlal AIR 1963 (Guj) 253; Laxmi Chand Gangaram vs. Brijbhushandas, AIR 1970 (Madhya Pradesh) 34; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; AIR 1940 (FC) 20. Lawyers Involved: A.B.M. Khairul Huq, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the appellan...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)

.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......ower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...

Category: Tenancy Law | Date: | Hits: 163

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....others Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers Involved: S. M. Zillul Haque, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Sha......others Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers Involved: S. M. Zillul Haque, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Sha......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

....h taka twenty-eight lac stored in a godown of WASA by issuing a fake indent. The defence of the respondent was that his signature in the indent was forged by his subordinate sub-assistant engineer M. A. Sobhan who admitted it in his written statement to the enquiry committee. 4. The depar......h taka twenty-eight lac stored in a godown of WASA by issuing a fake indent. The defence of the respondent was that his signature in the indent was forged by his subordinate sub-assistant engineer M. A. Sobhan who admitted it in his written statement to the enquiry committee. 4. The depar......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......eza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman......................Respondent Judgment April 17, 2001. Lawyers Involv..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....ondent-Plaintiff (In all the appeals) Judgment May 23, 1993. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record for M.R. Khan, Advocate on Record-For the Appellant(In all the appeals). Not Represented - Resp......ondent-Plaintiff (In all the appeals) Judgment May 23, 1993. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record for M.R. Khan, Advocate on Record-For the Appellant(In all the appeals). Not Represented - Resp......High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......pon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..

Category: Property Law | Date: | Hits: 32

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....o- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (M. Imman Ali Advocate with him) instructed by Serajur Rahman, Advocate-on-Record - For the Appellan......o- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (M. Imman Ali Advocate with him) instructed by Serajur Rahman, Advocate-on-Record - For the Appellan......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ...... Ed. This Case is also Reported in: II ADC (2005) 206. ..

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

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

....e High Court Division under a wrong assumption that when the matter was listed for hearing the appellant's Advocate took adjournment and ultimately failed to appear at the time of hear­ing. Mr. M.A. Mannan was not his Advocate but he appeared for the petitioner of the Rule, whereas the appel......e High Court Division under a wrong assumption that when the matter was listed for hearing the appellant's Advocate took adjournment and ultimately failed to appear at the time of hear­ing. Mr. M.A. Mannan was not his Advocate but he appeared for the petitioner of the Rule, whereas the appel...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......pondents Judgment July 22, 1998. Lawyers Involved: Mansur Habib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 ..

Category: Property Law | Date: | Hits: 30

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ...... Ed. This Case is also Reported in: II ADC (2005) 195. ..

Category: Procedural Law | Date: | Hits: 63

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..

Category: Property Law | Date: | Hits: 27

Hezera Khatun Vs. State, 2001, 30 CLC (AD)

....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ....... Wahidullah, Advocate-on-Record-For the Appellant. B. Hossain, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record–For the Respondent No. 1. Khan Saifur Rahman, Advocate, instructed by S. H. Siddique, Advocate-on-Record–For the Respondent No. 2...

Category: Criminal Law | Date: | Hits: 42

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

.... judgment of the High Court Division filed Civil Petition for leave to Appeal No. 1172 of 1997 before this Hon'ble Division and leave was granted in the following terms:-  "Mr. M. A. Wahbab Miah, learned Advocate for the petitioner submits that the impugned judgment is who...... judgment of the High Court Division filed Civil Petition for leave to Appeal No. 1172 of 1997 before this Hon'ble Division and leave was granted in the following terms:-  "Mr. M. A. Wahbab Miah, learned Advocate for the petitioner submits that the impugned judgment is who...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ..

Category: Property Law | Date: | Hits: 37

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136....... May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Khan Saifur Rahman, Advocate instructed by Sharifuddin Chaklader, Advocate on Record - For the Respondent. Ci..

Category: Tenancy Law | Date: | Hits: 154

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..

Category: Tenancy Law | Date: | Hits: 172

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....Reported in: II ADC (2005) 131. ......Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..

Category: Employment/Service Law | Date: | Hits: 81

Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)

....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......Court Appellate Division (Civil) Present: ATM Afzal CJ             Mustafa Kamal J Latifur Rahman J            Muhammad Abdur R..

Category: Labour and Industrial Law | Date: | Hits: 105

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....uddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 51 and 52 of 1997. (From the Judgment and Order dated 14 August, 1996 passed by the High Court Division in F.M.A. Nos. 60 and 112 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- These are......uddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 51 and 52 of 1997. (From the Judgment and Order dated 14 August, 1996 passed by the High Court Division in F.M.A. Nos. 60 and 112 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- These are...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28