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Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

....mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......te and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C. Suit No. 2 of 1992 , decreeing the suit for ejectment of monthly tenant. 2. The respondent was inducted in the year 1965 as an ejectable ......mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and anoth­er, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-r..

Category: Tenancy Law | Date: | Hits: 175

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....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. ...... by the High Court Division in Writ Petition No. 112 of (1999). Judgment Mohammad Fazlul Karim J.- This appeal by leave was granted to consider the submissions of the learned Counsel for appel­lants that the allegations made in the Writ Petition having been denied by the Writ-r......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. ...... The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004. Lawyers Involved: Mohammadullah, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Re..

Category: Employment/Service Law | Date: | Hits: 105

Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....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. ...... 17.3.93 retired the petitioners from service without paying their entitlements/dues but with the rider that those will be paid as soon as their accounts are finalised. The writ petitioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out......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. ....... ..................Respondents (In Civil Appeal No. 65 of 1997) Abdul Aziz...........................Respondent (In Civil Appeal No. 66 of 1997) Judgment May 17, 1998. Lawyers Involved: M. G. M. Abdul Faraj Mollah – For the Respondent (In Civil Appeal N..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....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. ......spon­dent happens to be the mutawalli of the said two estates known as Ballade Wakf estates. He brought the suit against the Province of East Pakistan and the Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in ......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. ......Cases Referred to: 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. Wahidu..

Category: Property Law | Date: | Hits: 43

ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)

.... order of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1...... order of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......oudhury J ACKO Industries 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 -..

Category: Civil Law | Date: | Hits: 87

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....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.......of an individual to travel beyond the border of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not direct­ly enforceable in national courts. But if their provisions are incorporated into the domestic law, they a......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.......D) 89; State Vs. M. M. Rahmatullah; Satwant Singh vs. D. Ramarathnam, Assistant Passport Officer, New Delhi and others, AIR (1967) (SC) 1836; Province of Sind v. Public at Large PLD 1988 (SC) 138. Lawyers Involved: Barrister Rafique-Ul-Huq, Senior Advocate (Khandker Mahbub Hossain, Senior Advo..

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. ......ndents. Civil Appeal No. 52 of 1996 (This Appeal arises out of the Review Petition No. 24 of 1995 against the Judgment and order dated 6-4-95 passed by this Division in Civil Petition for Leave to Appeal No. 298 of 1994). Judgment Mustafa Kamal J.- Leave was granted in......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. ......haka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Moksudur Rahman, Senior Advocate ..

Category: Administrative Law | Date: | Hits: 124

Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)

....ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......sion in Civil Revision No. 492 of 1986. 2. The appellant as petitioner filed an appli­cation under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. ......ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......Amin J Md. Fazlul Haque J Monzur Rahman Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1, 2003. Lawyers Involved: Md. Ozair Farook, Senior Advocate, Instructed by Md. Aftab Hossain, Advo..

Category: Property Law | Date: | Hits: 33

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed to exe­cute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was execut­ed and a......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......mat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 35

Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)

....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......nsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of the Court of Muns......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......s. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Appellant. Md. Abu Sid..

Category: Property Law | Date: | Hits: 37

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....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. ......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consider­ation of Tk. 30,000/- to the appellants and made over possession of the land and t......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. ......dhury J Md. Akkas Ali Biswas and oth­ers............ Appellants Vs. Ashit Kumar Mojumder and oth­ers.........Respondents Judgment February 9, 2005. Lawyers Involved: Mahbubey Alam, Senior Advocate, instruct­ed by Chowdhury Md. Zahnagir,..

Category: Procedural Law | Date: | Hits: 75

Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ft out. In such circumstances, the suit for declara­tion of nullity of the decree of the partition suit to which they were not parties is quite maintainable ………..(7) Lawyers Involved: B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hague, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 40

Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......llip;………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only……………….......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......to him to adduce evidence to show that it is not in fact an "admission' but is the result of bonafide mistake of fact…………………….(5) Lawyer Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with h..

Category: Property Law | Date: | Hits: 35

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.......current decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restrai......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.......pon the High Court Division in Se­cond Appeal unless it could be shown the said findings had been vitiated by an error of law or of procedure which had affected the merit of the case………(22) Lawyers Involved: S.R. Pal, Senior Advocate (M.H. Khandker, Senior Advocate with him) instructed ..

Category: Property Law | Date: | Hits: 40

Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)

.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......ka Bench, in Civil Revision Case No.150 of 1980. 2. Rajab Ali and Ajitullah, predecessors of the present appellants filed Miscellaneous Case No. 36 of 1974, in the Court of Munsif, Sherpur, for correction of the record of right under section 143A of the State Acquisition and Tenancy Act. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......uo;s decisions in grounds which cannot be considered in a case under section 141A of the State Acquisition and Tenancy Act……………………(15) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M.G. Bhuiyan, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 28

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. ......ration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity. This section provides for a suit if the Registrar refuses to order a document to be registered………&he......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. ...... is whether the document has been executed…..(9) Cases Referred to: Rashiuddin Vs Naresh (1956) 8 DLR 648 rel. AIR 1932 Cal 588; AIR 1921 Lah.136; 14 CWN 12; 17 DLR 476. Lawyers Involved: M. Gulam Rabbani, Advocate, instructed by Md. Sajjadul Haq, Advocate-on Re..

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.......ction 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being f......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....... Vs. Choto Khuku and 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-R..

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. ......of such registration……………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the stren......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. ......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, Senior Advocate, instructed by M.G. Bhuiyan, Advocate-on-..

Category: Property Law | Date: | Hits: 36

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjourn­ments, on 27 May 1982, but as the defendant was found ab......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......he order of the trial court rejecting the application under Order IX, rule 13 C.P.C …………………..(5) Case Referred to- Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131. Lawyers Involved- K.Z. Alam, advocate instructed by Md. Aftab Hossain, Advocate-on-Record–For ..

Category: Tenancy Law | Date: | Hits: 159

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain Advocate-..

Category: Criminal Law | Date: | Hits: 64