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

.... 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. ...... 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. ...... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 31

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

....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. ...... construction of the road and the rest of the acquired land has been released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked the learned Additional Attorney General to obtain report from the Government as to the status of the land in suit. The learned Addit......earned Additional Attorney General to obtain report from the Government as to the status of the land in suit. The learned Additional Attorney General on 9.11.2003 requested the Secretary, Ministry of Land to furnish informa­tion in respect of the land of plot No. 685 as regard which L.A. Case NO. 9......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)

....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. ...............Appellants Vs. Jahangir Alam and others..............Respondents Judgment November 18, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney -General, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants Md. Na......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)

....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.......J Govt. of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the petitioner Sharifuddin C......t Division upon making the Rule absolute set aside the decree of the lower appellate court and restored that of the trial court holding, inter alia, that in view of the provision of Section 16 of the Land Acquisition Act, 1894, the suit land having not been absolutely vested in the Government for no......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

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

....) 145, cited at the Bar. 4. Defendant No. 1 (respondent No. 1 here­in) is a company carrying on the business of export and buying and selling of jute. Defendant Nos. 2-9 are its Managing Director and Directors who guaranteed the loan unsanctioned by the appellant Bank. Defendant No. 1...... 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. ...... 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

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.......on of title on the basis of the alleged lease. 8. Leave was granted to consider whether the learned judge of the High Court Division properly construed the definition of the word 'Non-agricultural Land' provided in section 2(4) of the Non-Agricultural Tenancy Act, 1949 keeping in view the fact th...... 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...

Category: Tenancy Law | Date: | Hits: 163

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....... 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....... 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....... 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

Md. Shamsul Haque Vs. Salenullah and oth­ers, 2003, 32 CLC (AD)

.... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ..

Category: Procedural Law | Date: | Hits: 38

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

.... respon­dents Nos. 2 and 3 (plaintiffs) against respondent No. 1 (defendant No. 1)—Uttar Jamalgarh Matsyajibi Samabaya Samity. The appellant-Government of Bangladesh, was defendant No. 4, Director of Fisheries and District Fishery Corporation were respectively defendants Nos. 2 and 3 i......thers……………… Respondent-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 App......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Ap......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. ..

Category: Property Law | Date: | Hits: 32

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. ......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. ..

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 of land of schedule property" including plot No. 759 bear­ing an area of .35 arces in Mouza Madhyer Char and plot No. 132 bearing an area of .69 arces of Mouza Napladi, and that the S.A. Records were wrongly published. Sometime after filing of the said suit the plaintiff amended the p..

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. ...... May 30, 2001. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. 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. ......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. ..

Category: Criminal Law | Date: | Hits: 42

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......wyers Involved: Abdul Malik, Senior Advocate, instructed by A. K. M Shahidul Huq, Advocate-on-Record-For the Appellant (In both the appeals). Abdur Razzaque Khan, Additional Attorney General (M. Faisal H. Khan, A.A.G. with him) instructed by B. Hossain, Advocate-on-Record-For the R...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..

Category: Criminal Law | Date: | Hits: 45

Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)

....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..

Category: Property Law | Date: | Hits: 39

Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)

....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ..

Category: Civil Law | Date: | Hits: 72

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

.... 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. ...... 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

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. ...... the High Court Division in Writ Petition No. 2122 of 1995) Judgment Muhammad Abdur Rouf J.- This appeal, by leave, has been prepared by M/s Adamjee Jute Mills Limited and its Deputy General Manager from the Judgment and order dated 10-3-97 passed by a Division Bench of the High Co......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. ..

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

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

.... 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. ......998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. Shahabuddin Ahmed, Deputy Attorney General (Md. Sajjadul Huq, Assistant Attorney-General with him) instructed by Md. Sharifuddin Chakl......vernment to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3. On 5 June 1979 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting pl...... 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

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....arred under Clause 8(b) of the DOS Policy. On the question whether the public power supply was disrupted on 28.11.88 at 8.35 A.M. as claimed by the plaintiff appellant, P. W. 1 who is the Managing Director of the plaintiff company, deposed the plaintiff's case as made out in the plaint of the su......sion (Civil) Present: Latifur Rahman CJ Kazi Ebadul Hoque J Mainur Reza Chowdhury J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ..

Category: Civil Law | Date: | Hits: 135