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Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred ......ate Division (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2...... Bank of India v. Netai Ch. Porel, AIR 1982 Cal. 92; Dina Nath v. Balkrishna, AIR 1963 All 46; Muthupalaniapa Chettiar v. Alagamal Achi, AIR 1961 Mad. 438 at p. 442. Lawyers Involved: Abdul Wadud Bhuiyan Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)

....ial court. That against the said judgment and decree of the appellate court the plaintiff-respondents preferred Civil Revision No.767 of 1997 before the High Court Division of the Supreme Court of Bangladesh, which was con­tested by the defendant-petitioners by filing counter affidavit. Hon'......llate Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Jasiron Nesa and another……………….Appellants Vs. Hamida Bewa and others……………...Respondents Jud...... owners of the suit jot to the extent of 8 and 4 annas respectively and the C.S. records correct­ly prepared in their names; that after the death of Mohironnessa her husband Mojiruddin and son Abdul Hakim became the owner of the property left by Mohiron. Thereafter, Abdul Hakim died leaving ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..

Category: Property Law | Date: | Hits: 33

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......ate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 3.................Respondents Judgment July 31, 2004. Lawyers Involved: Parimal Chandra Guha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Resp...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..

Category: Property Law | Date: | Hits: 82

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......ate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahammed J Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 200.............Respondents Order August 17, 2002. Lawyers Involved: M. K. Rahman, Advocate, instructed by Chowdhury. Md. Zahangir, Advocate-on-Record-For the Appellants. Abdul Baset Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For R......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..

Category: Property Law | Date: | Hits: 74

Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)

....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......e is also Reported in: 1 ADC (2004) 480. ......so Reported in: 1 ADC (2004) 480. ..

Category: Procedural Law | Date: | Hits: 78

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....laintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Deputy Commissioner, Dhaka and other. .....................Appellants Vs. Abdul Hakim..................................Respondent Judgment July 1...... Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Deputy Commissioner, Dhaka and other. .....................Appellants Vs. Abdul Hakim..................................Respondent Judgment July 13, 2002. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

.... favour of the Registrar, Supreme Court, Vide Chalan No. 4 dated 23rd October, 2001 as per Notification issued by the Registrar on 18-10-2001 with the approval of the Hon’ble Chief Justice of Bangladesh. 3. The appellant filed the said Election Petition before the High Court Divisio...... (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment Augu......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..

Category: Election Law | Date: | Hits: 312

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......eme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Anu Miah and others ..................Appellants Vs. Gauranga Chandra Sharma and others ..........Respondents Judgment April..........Respondents Judgment April 17, 2002. Cases Referred to- Fazlul Haque vs. Noor Mia 12 DLR (HC), 19 DLR (HC) at page 188; Barada sundari vs. Makhan Chandra Das 6 BLT; Abdul Matin Chowdhury Vs. Chapala Rani and others 5 BLD (AD) at page 172 Lawyers Involved: ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..

Category: Property Law | Date: | Hits: 27

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Commissioner, Barisal....Respondents Judgme......t Appellate Division (Criminal) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented ...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

.... Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbu......Appellate Division (Civil) Present Mainur Raza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 20......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....ted in: 1 ADC (2004) 427. ......te Division (Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. ...... weeks time for compliance of office note and in case of default the same shall stand discharged. The appellant has further asserted that it appears from the order book dated 12.3.1996 that one Mr. Abdul Barek Chowdhury filed a vokalatnama for and on behalf of the respon­dent No. 1, decree h......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....lant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both the appeals) Jud...... Md. Fazlul Haque J Md. Abdul Mazid.....................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka a......is also Reported in: 1 ADC (2004) 409. ......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..

Category: Employment/Service Law | Date: | Hits: 89

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kanai Lal Roy..................Appellant Vs. Roy Swaraswati and ors................Respondents Judgment August 17, 2002..........Respondents Judgment August 17, 2002. Lawyers Involved: M. K. Rahman, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellants. Abdul Baset Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For R......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..

Category: Civil Law | Date: | Hits: 114

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....;…………Appellant Vs. Md. Sirajul Hoque Chowdhury and oth­ers...........Respondent Judgment June 28, 2004. Cases Referred To- Bangladesh Railway Vs. M/S Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. ......ivil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and oth­ers...........Respondent Judgment ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....: 1 ADC (2004) 390. ...... Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Islam..................Respondent (In Civil Appeal No. 60 of 1997) Md......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..

Category: Administrative Law | Date: | Hits: 103

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......pellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Shanti Ranjan Das..................................Appellant Vs. Khalilur Rahman Bhuiyan & others ..........Respondents Judgment July 4........Respondents Judgment July 4, 2004. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respo......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..

Category: Property Law | Date: | Hits: 31

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

....ods at the appropriate place. This Division while dismissing the petition for leave to appeal also considered the contention of the convicts that they were arrested with the contraband goods inside Bangladesh more than 5 miles off from the boarder belt areas of Bangladesh terri­tory and as su...... Appellate Division (Criminal) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Wilfredo M. Resales and another...............Petitioners Vs. The State..............................Respondent Judgment February 24, ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......vision (Criminal) Present KM Hasan CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Tariqul Islam................Appellant (In both the appeals) Vs. The State.....................Respondent (In both the appeals) Judgment A......iminal Procedure by the Court of Metropolitan Magistrate, Dhaka that 7 (Seven) out 9(nine) statements did not mention the name of the Appellant the 2 (two) others being Sukumar Majumder @ Nilu and Abdul Kader, though named the appellant but did not implicate him in any ways with the occurrence. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....o Reported in: 1 ADC (2002) 335. ...... (Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh………………….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... Present Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Md. Hamidul Haque J Abdur Rahim Chowdhury @ Jashim…………….Petition Vs. The State...............................Respondent Judgment December 7,......ase No. 3/56 wherein informant alleged that deceased Abdus Sattar Chowdhury had four sons and seven daughters. The eldest son Salim Chowdhury and youngest son Rabiul Awal are abroad while informant Abdul Karim Chowdhury being sec­ond son served in power development Board, Chittagong as Sub-As......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..

Category: Criminal Law | Date: | Hits: 55