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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. ......barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. 3. Material facts necessary for disposal of the point raised briefly are that the appellant as the plaintiff instituted the afo......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. ...... Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. Lawyers Involved: Khandker Mahabubuddin Ahmed, Senior Advocate, instructed by Sarifuddin Cha..

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. ......2260 of 1998). Judgment Md. Hamidul Haque J. - The appellants were defendants in Title Suit No. 93 of 1987 of the Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the prede......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. ......pellants Vs. Abdul Malik and another............Respondents Judgment July 6, 2003. Case Referred to- Siddique Vs. Yeakuti Begum, 49 DLR (AD) 402. Lawyers Involved: Mahbubey Alam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate..

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. ......rt Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by...... 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. ...... Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003. Lawyers Involved: Fazlul Karm, Senior Advocate, Instructed by Md Nawab Ali, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 37

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136....... of 1993 reversing the judgment and decree passed by the learned Assistant Judge, Narayanganj, as the S.C.C. Judge on 22.4.93 decreeing S.C.C. suit No. 1 of 1987. 2. The appellant brought the suit for evic­tion of her monthly tenant, the defendant respondent, from the suit premises stating, inte......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......presented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Khan Saifur Rahman, ..

Category: Tenancy Law | Date: | Hits: 154

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ated on 19.10.94 and in the morning of that date he was arrested by the police on the basis of an. F.I.R. under Anti Terrorism Ordinance. His service was terminated on the ground that he was absent for more than ten days. He filed a grievance petition from the jail on 12.11.94 and subsequently he......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ue J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and oth­ers……...Respondents Judgment August 26, 2003. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, ..

Category: Employment/Service Law | Date: | Hits: 81

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. ......efunded. Accordingly he refunded the money taken on 10.5.89. Thereafter on 11.5.89 a letter of reinstatement was issued allowing him to join in service on condition that he would not get any salary for a period of 13 months 4 days so long he had been out of service. In pursuance there­of he ......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. ......nbsp;  Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respondents Judgement August 16, 1998. Lawyers Involved: Sayyid Shahid Hussain, Advocate instruct­ed by Md. Nawab Ali, Advocate..

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. ......ok over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3....... 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. ......f J Bimalendu Bikash Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossa..

Category: Property Law | Date: | Hits: 28

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

....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."  ......ide the judgment and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit statin......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."  ......and others AIR 1941 Madras 367; K.U.K kulkarni, Receivers and another vs. Ganpat Hiraji Teli, Applicant and another's, AIR 1942 Bombay 191; Emperor vs. Phuchai and another AIR 1929 All. 33. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocat..

Category: Civil Law | Date: | Hits: 135

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......eal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Referred to- 1970 PLD (SC). Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chak..

Category: Property Law | Date: | Hits: 30

Khurshid Alam and Others Vs. Azizur Rahman & oth­ers, 2004, 33 CLC (AD)

.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......nal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ....................Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman & oth­ers......... Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocat..

Category: Criminal Law | Date: | Hits: 40

Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)

....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......on No. 182 of 1990). Judgment Mohammad Fazlul Karim J.- This appeal by leave granted by this Court was to consider the points raised:   "Learned Advocate for the petitioner sub­mits that original R. S. Khatina No. 2324 being in the name of the orig......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ...... J MA Aziz J Sukkada Bala Gope... .....................Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh,..

Category: Property Law | Date: | Hits: 29

Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)

....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......tition is dis­missed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner. Md. Nawab Ali, Advocate-on-Record– for the Respondent No. 1. Not Represented – Respondent No. 2-4. Civil Review Petition No. 49......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... Dhaka…………………..Petitioner Vs. Alhaj Shamsul Haque and Others…………………..Respondents Judgment March 15, 2003. Result: The review petition is dis­missed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-..

Category: Property Law | Date: | Hits: 29

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was ini­tially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......Vs. C. Gounder, AIR 1971 Mad. 469;1963-1 Mad 133=AIR 1963 Mad. 217 (FB); Dundappa Vs. Mallappa AIR 1976 Karnataka 39; Saminada Piliai Vs Subba Reddiar, ILR Madras Vol.1 (1876-78) 333. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Appellant. ..

Category: Property Law | Date: | Hits: 56

Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)

....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......se No. 16 of 1987 in the Court of Settlement stat­ing, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......he People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and another..........Respondents Judgment May 1, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shah, Assistant Attorn..

Category: Property Law | Date: | Hits: 37

Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)

....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......from No. 9 Goalerchar Union of Islampur Police Station, District Jamalpur and upon his application, Ministry of Law, Justice and Parliamentary Affairs on 2.11.1999 appointed him as Nikah Registrar for the said Goalerchar Union on temporary basis; four other persons namely Kh. Matiur Rahman, Md. ......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......ip;……………..Appellant. Vs. Moulana Md. Tofazzal Hossain and others.......................Respondents. Judgment November 9, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-..

Category: Civil Law | Date: | Hits: 133

Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)

....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......hy;sideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa institut­ed Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for decla­ration of her title in the suit land being 26 deci­mals out of 30 decimals land o......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......nu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others, 47 DLR (AD) 71. Lawyers Involved: Mahbubey Alam, Senior Advocated, instructed by Chy. Md. Zahangir, Advocate..

Category: Property Law | Date: | Hits: 31

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and there­upon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to rein­state the Respondent No. 2 (first party before the Labour Court......is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......li Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Involved: Salahuddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..

Category: Labour and Industrial Law | Date: | Hits: 79

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......te Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin an......urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ........Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-..

Category: Property Law | Date: | Hits: 35

Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)

....nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Siddique, Advocate-on-record - For the Respondent No. 1. Not represented - Respondent No. 2. Criminal Petition for Leave to Appeal No. 156 of 2008. (From the Judgment and Order dated 13th March, 2008 pas......nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ...... J Md. Abdul Matin J Abu Borhan Siddique and another........Petitioners Vs. Mrs. Safiya Asaf Ali and another........Respondents Judgment June 17, 2008. Lawyers Involved: Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Si..

Category: Criminal Law | Date: | Hits: 47

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......ssing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanced tariff value subsequent to the opening of the Letter of Credit by the respondent for importing the goods so assessed. 3. Facts stating which the writ petition was filed in ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... Bashar Vs. Collector of Customs 50 DLR 225; Commissioner of Customs and others Vs. Monohar Ali and 26 others 8 BLC (AD)87; Commissioner of Customs Vs. Bangladesh Trader(2004) 9 MLR (AD) 98. Lawyers Involved: Naima Haider, Deputy Attorney General, instructed by Mr. Mvi. Md. Wahidullah..

Category: Fiscal/Taxation Law | Date: | Hits: 74