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

.... 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.......-Record-For the Petitioner. Rafique-ul Huq, Senior Advocate instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2...... 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.......sion………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-R..

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. ...... Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of Ma......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. ......rs Vs. Md. Mukbal Hossain Mondal and others…………………………..Respondents Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not ..

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. ......r the Petitioners. A.J. Mohammad Ali, Senior Advocate instructed by Zahirul Islam, Advocate-on- Record-For Respondent Nos.3-4. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No. 1689 of 2008. (From the judgment and order dated 16.06.2008 passed b......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. ......irman, RAJUK Bhaban, Motijheel, Dhaka and others……………………………..Respondents Judgment October 14, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by Md. Taufique Hossain Advocat..

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. ...... Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 pass......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. Rahim Baksh and another………………………………….Respondents Judgment December 4, 2007. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mv..

Category: Property Law | Date: | Hits: 33

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

.... 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. ...... Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandon...... 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. .............Respondents. Judgment July 8, 2003. Case Referred to- Buxly Paints Limited Vs. Bangladesh 31 DLR (AD) 266; Bangladesh Vs K.M. Zakir Hossain 8 BLC (AD) 27. Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by K.M. Shahid..

Category: Property Law | Date: | Hits: 38

Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdic­tion to disturb the final findings of facts. It can­not superimpose itself as a third court for fresh appreciation of evidence. That is not its func­tion in the revisional jurisdiction.............rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......indings of facts. It can­not superimpose itself as a third court for fresh appreciation of evidence. That is not its func­tion in the revisional jurisdiction..................................(9) Lawyers Involved: Syed Mahmood Hossain, Advocate appeared with the leave of the Court) instruct­..

Category: Family Law | Date: | Hits: 180

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. ...... learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her exami­nation in Court. 2. The relevant facts are that the plaintiff appellants on......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. ......kash Roy Choudhury J Danish 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-Recor..

Category: Procedural Law | Date: | Hits: 96

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........ 4 (ka) there from. The aggrieved defendant respon­dent Nos. 1-4 then preferred Title Appeal No. 91 of 1990 in the Court of District Judge, Rajbari against the said decree. The appeal was dismissed for default on 20.11.91. Those defendants filed an application under order XLI Rule 19 of the Code o......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.......y 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) 532; Sukumar Sen vs. Gpuranga Bejoy Das, BLD 1989 (AD) 162. Lawyers Involved: MM. Hyder Ali, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advoca..

Category: Limitation Law | Date: | Hits: 166

Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)

.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was for a declara­tion that the orders dated 3-10-85 and 18-2-86 passed against him removing him fr...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......haka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail............................Plaintiff-Respondent Judgment August 22, 1995. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocat..

Category: Employment/Service Law | Date: | Hits: 69

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. ......d thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title......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. ......Mullah and others...................Appellants Vs. Abdul Karim alias M.A. Karim and others .................Respondents Judgment January 12, 2005. Result: The appeal is allowed. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Neagi, Advocate with him) instructed b..

Category: Property Law | Date: | Hits: 45

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.......10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 institut­ed the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subse......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.......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 Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, ..

Category: Tenancy Law | Date: | Hits: 124

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

.... 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. ......ivision in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and t...... 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. ......the Firm of Pari Bhogilal Amratlal AIR 1963 (Guj) 253; Laxmi Chand Gangaram vs. Brijbhushandas, AIR 1970 (Madhya Pradesh) 34; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; AIR 1940 (FC) 20. Lawyers Involved: A.B.M. Khairul Huq, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-..

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.......e, Gopalgonj dismissing Title Appeal No. 265 of 1983 and affirming thereby the judg­ment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the sui...... 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.......man J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat ..

Category: Tenancy Law | Date: | Hits: 163

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. ......ision erred in rejecting the revisional application summarily hold­ing that the proposed amendment would change the nature and character of the suit without con­sidering that the plaintiff's prayer for amend­ment was allowed in part by the trial Court and that the High court Division did not a at...... 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. ......usain J  Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant  Vs.   Salenullah and oth­ers.......Respondents  Judgment January 4, 2003. Lawyers Involved: M. G. Bhuiyan, Advocate-on-Record - For the Appellant.  Not Represented..

Category: Procedural Law | Date: | Hits: 38

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. ......93 dismissing the appeal and affirming those dated 30.11.92 of the 3rd Additional Court of Assistant Judge, Dhaka, passed in Title Suit No. 59 of 1992 decreeing the suit. 2. Facts necessary for the disposal of this appeal are stated first below. Respondent Md. Matiar Rahman is an engi&sh......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. ......ka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman......................Respondent Judgment April 17, 2001. Lawyers Involved: Moudud Ahmed, Senior Advocate, instruct­ed by Md. Nowab Ali, Advocate-..

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

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ter overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Daulatpur RS. The plain­tiff along with other night guards went to the residence of Senior Officers and informed them about the occurrence whereupon they all came to the place of occurrence. On being asked......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......t Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (M. Imman Ali Advocate with him) instr..

Category: Employment/Service Law | Date: | Hits: 69

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 1998. Lawyers Involved: Mansur Habib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Re..

Category: Property Law | Date: | Hits: 30

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. ......he appeal the said defendatns filed two pieces of amalnauia and also thirteen pieces of rent receipts to show their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said docu­ments as additional evidence. The learned District Judge reject......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. ......ash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..

Category: Procedural Law | Date: | Hits: 63

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. ...... Division in Criminal Revision No. 128 of 1996). Judgment Mohammad Gholam Rabbani J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in tr......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. ......Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidulla..

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. ......l Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respect of Ershad Sikder and Faruque alias Jamai F...... 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. ...... The State………...Respondents (In both the appeals) Judgment October 30, 2004. Case Referred to- Abdul Qadir Vs. The State 8 DLR (SC) 165. Lawyers Involved: Abdul Malik, Senior Advocate, instructed by A. K. M Shahidul Huq, Advocate..

Category: Criminal Law | Date: | Hits: 45