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Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ...... Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public Works Department (PWD) Public Works Division No. IV Agrab......in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

.... inter alia, that they were registered Auto Tempo and Baby Taxi Malik Samity and they have been plying their Auto Tempo and Baby Taxi with the approval of the District Regional Transport Committee of Bangladesh Road Transport Authority carrying passengers on the pub­lic Highway from Kishoreganj Dis......hammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Masud Miah and others……………………………………………………………………………….Petitioners Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity and others…….Respondents Judg...... This Case is also Reported in: VI ADC (2009) 330. ......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ..

Category: Civil Law | Date: | Hits: 118

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

....oner and other ex-employees as per the pension rule of respondent No. 2,Water Development Board. On 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petitioner retired ...... Md. Hassan Ameen J Md. Tozammel Hossain………………………………………….Petitioner Vs. River Research Institute, repre­sented by the Director General of the Institute, Far......nts Judgment March 20, 2008. Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Md. Abdul Hakim, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2......present service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..

Category: Employment/Service Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

....e, Dhaka in pursuance of the notice. The writ peti­tioner has further challenged vires of Rules 19w of the said Rules being ultra vires of the Emergency Power Ordinance, 2007 and the Constitution of Bangladesh. 3. During investigation the investigating officer recorded the statement of witness­......CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment......lso Reported in: VI ADC (2009) 323....... the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...

Category: Anti-Corruption Laws | Date: | Hits: 119

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

....ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......in J Md. Abdul Matin J Md. Abdus Samad and oth­ers……………………………………Petitioners Vs. Md. Mukbal Hossain Mondal and others………………&hel...... ......ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..

Category: Property Law | Date: | Hits: 28

A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)

....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petitioners Vs. Rajdhani Unnayan Kartripakkha (RAJUK) repre­sented by its Chairman, RAJUK Bhaban, Mo......Reported in: VI ADC (2009) 316. ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..

Category: Property Law | Date: | Hits: 38

Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)

....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ...... Md. Abdul Matin J Md. Sulder Ali and another………………………………………..Petitioners Vs. Md. Rahim Baksh and another…………………&hell......y dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..

Category: Property Law | Date: | Hits: 33

Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)

.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......M Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..................Plaintiff-Respondents Judgment ......986 of the Munsif, Belabo in Title Suit No.6 of 1985. In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff N...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

....C (2005) 346. ......Karim J Md. Hamidul Haque J The People's Republic of Bangladesh repre­sented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Re...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..

Category: Property Law | Date: | Hits: 38

Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)

....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ...... Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Danish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998......on taking an erroneous view wrongly set aside  the impugned order of the trial court without even issuing any rule or hearing the plaintiffs. 7. The learned Advocate citing the cases of Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Abu Ahmed Abdul Hafiz Vs. MA Haque Sariji 1983 BLD (AD)......anish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998. Lawyers Involved: Md. Wahab Miah, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. ..

Category: Procedural Law | Date: | Hits: 96

Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

.... was barred by limitation. It fur­ther appears that the learned District Judge on consideration of the evidence on record also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident property Rajbari pre......l) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents ......ar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents Judgment January 13, 1997. Cases Referred to- Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55; Abu Ahmed Abdul Hafiz Vs. MA Haque Sariji 1983 BLD (AD) ......High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...

Category: Limitation Law | Date: | Hits: 166

Md. Badruzzaman Vs. Begum Shamima Naz Siddique and oth­ers, 1998, 27 CLC (AD)

.... maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of the plaint by way of substitution of the Government of Bangladesh represented by the Deputy Commissioner, Bogra in place of the deceased defendant as she ......TM Afazal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique and oth­ers..............Respondents Judgment ...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. .......................,.....Appellant Vs. Begum Shamima Naz Siddique and oth­ers..............Respondents Judgment December 7, 1998. Lawyers Involved: M. A. Wahab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. ..

Category: Property Law | Date: | Hits: 31

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

....ion to the learned Additional Attorney General and the Deputy Commissioner by the Memo, dated 22.11.2003 furnished the information. The con­tents of the said Memo, runs as follows: "Government of Bangladesh office of the Deputy Commissioner, Dhaka L.A. Department (sec-8) Memo No.জ়েঃ ......Reported in:II ADC (2005) 326. ...... 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)

.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and oth­ers...........Appellants Vs. Jahangir Alam and others................ ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and oth­ers...........Appellants Vs. Jahangir Alam and others..............Respondents Judgment November 18, 19......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. ......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. ..

Category: Property Law | Date: | Hits: 34

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

.... (2005) 297.......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Govt. of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Invo......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...

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. ......ivision  (Civil)  Present: Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J  Syed JR Mudassir Husain J  Dhaka City Corporation ...........Appellant  Vs.   M/s. Abdul Kader (Pvt.) Ltd. and oth­ers....Respondents  Judgment April 1......ivil)  Present: Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J  Syed JR Mudassir Husain J  Dhaka City Corporation ...........Appellant  Vs.   M/s. Abdul Kader (Pvt.) Ltd. and oth­ers....Respondents  Judgment April 15, 2003.  R......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. ..

Category: Civil Law | Date: | Hits: 88

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

....fused on the ground that the block loan will not bear any interest as per terms and con­ditions and the plaintiff Bank did not file any proper account of sale of the pledged goods. Besides, the Bangladesh Bank by a Circular dated 19.3.84 waived penal interest charged against the borrower and...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents ...... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 28

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......in: II ADC (2005) 256.......ul Amin J Md. Tafazzul Islam J Md. Awlad Hossain and another....Appellants Vs. Joynab Bibi and anoth­er..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Senior Adv...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

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

.... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The ......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result:......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. ......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. ..

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

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

....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. ......CJ Mainur Reza 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. ......o. No. 2026 issued on the same date on 5.11.90 was illegal and without jurisdiction. 9. Trial Court also noticed that the plaintiff submitted an application objecting to the appointment of Abdul Baki Chowdhury as one of the members of the enquiry committee on the grounds that the said me......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. ..

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