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Bangladesh Vs. Abbas Ali Munshi , 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……………….Appellant Vs. Abbas Ali M...... ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..

Category: Property Law | Date: | Hits: 35

Ful Meher Bibi Vs. Abdul Wahab and oth­ers, 2005, 34 CLC (AD)

....d others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh repre­sented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Chand Mia and o......il) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2......resent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2005. ......: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2005. Case ..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Gazipur & oth­ers.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to-......d Vs. Mongla Barman and others 43 DLR (AD) 215. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record - For Responden......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...

Category: Property Law | Date: | Hits: 42

Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)

.... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. ...... A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment ...... Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors................lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..

Category: Employment/Service Law | Date: | Hits: 83

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....th. Defendant No. 1 started business of Petrol Pump and service sta­tion on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22......month in the meantime. It is also the case of the plaintiff that defendant No. 1 M/s. James Finaly and Company Limited did not pay rent to the Waqf Estate and then the Mutwalli of estate Nawab Khawja Abdul Gani asked defendant No. 1 to finalize the matter for fresh Bhara Bangladesh with the Dhaka Na......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...

Category: Tenancy Law | Date: | Hits: 149

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2, 1999. ......fur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2,......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..

Category: Property Law | Date: | Hits: 23

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......dents (In Civil Appeal No. 132 of 1997). Ozair Farooq, Senior Advocate instructed by Miah A. Gafur, Advocate-on-Record -Added Respondent No. 3 (In Civil Appeal No. 132 of 1997). Miah Abdul Gafur, Advocate-on-Record - For Respondent No. 1 (In Civil Appeal No. 133 of 1997). Not......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. ..

Category: Property Law | Date: | Hits: 23

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. ......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. ..

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) ......dhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) Abdul Aziz...........................Respondent (In Civil Appeal No. 66 of 1997) Judgment ......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. ..

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 ...... Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (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......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. ..

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. ......dustries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. Lawyers Involved: Abdul Wahab, Advocate instructed by Miah Abdul Gafur, Advocate-on-Record - For the Appellants. ......s and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. Lawyers Involved: Abdul Wahab, Advocate instructed by Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Shar..

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.......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...

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others................te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Hea......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..

Category: Administrative Law | Date: | Hits: 124

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. ......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. ..

Category: Procedural Law | Date: | Hits: 75

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......provision of President's Order No. 50 of 1972……………..(7) Case Referred To- Akhtar Hossain vs. State 29 DLR (SC) 101. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Re­cord-For the ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..

Category: Criminal Law | Date: | Hits: 51

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Matin Chowdhury………………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The ...... DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...

Category: Property Law | Date: | Hits: 40

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Shafiullah and others .............Appellants Vs. Sultan Ahmed Mir being dead his heirs: Mojibur Rahman Mir and others……&hel......wyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Md, Aftab Hossain. Advocate on Record—For the Appellants. T. H. Khan, Senior Advocate instructed by Miah Abdul Gafur, Advocate-on-Record—For the Respondent Nos. 2 to 5. A.W. Bhuiyan, Addition......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..

Category: Property Law | Date: | Hits: 55

Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......ent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatun and anr…………………….Re......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..

Category: Property Law | Date: | Hits: 25

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.......others, 53 CWN, 159; Sati Prashad Ganga Vs. Gahindra Chandra Shaha, AIR 1929, Cal. 325; Drupadi Vs Hiralal, ILR All. XXXIV (1912) 196; Sati Prashad Ganga, AIR 1919, Cal. 325. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appel......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...

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......Munim CJ Badrul Haider Chowdhury J Shahab uddin Ahmed J Syed Kawsar Ali…………………………….Appellant Vs. Gahar Kazi & ors. ……………………&h......m Vs Sheodiul Ram 16 I.A.12; Nurunnessa Khatun 39,CWN 120; Venkatrawari Vs. Venkata Suffayya 55 Mad. 507; 1919 All. 450 (19), 1924 All; 897(20); obser­vations in 1921 P.C.8 (16);Akamat Ali vs. Abdul Hai (1956) 8 DLR 679=PLD 1957 Dhaka 165. Lawyers Involved: Shafiqur Rahman, Sen......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ..

Category: Property Law | Date: | Hits: 36