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A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
....petition for leave to appeal is directed against the judgment and order dated 29.11.2006 passed by the High Court Division in Writ Petition No.4309 of 2002 making the Rule absolute. 2. Short facts are that the Governing Body of Alhaj Mokbul Hossain College appointed the writ petitioner as......sp; Civil Petition for Leave to Appeal No. 277 of 2007. (From the judgment and order dated 29.11.2006 passed by the High Court Division in Writ Petition No.4309 of 2002.) ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... of the judgment and decree dated 22.02.1998 passed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 f......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ......1(Ka), 2, 2 (Ka), 3, 4, 5 and 5 (Ka). The defendant also adduced 5 witnesses and produced documents marked Exhibits- 'Ka' and 'Kha'. 5. The trial Court on consideration of the materials and evidences on record and the submissions of the learned Advocates of the contesting parties decreed ..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....ls Act do not provide jurisdiction to the Administrative Tribunal or the Appellate Tribunal to grant any interim relief in respect of a is pending before it for final adjudication. 5. In the facts and circumstances of the case, we are of the view that the Administrative Appellate Tribunal......Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ra......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....culpatory statement was of some fact, which if true, could negative the offence alleged to be confessed. A confession must either admit in terms of the offence, or at any rate substantially all the facts which constitute the offence. 11. The accused respondent Jahedul Islam alias M......lip;….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. ......rosecution case and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extrication of conseq..Category: Criminal Law | Date: | Hits: 58
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....nstant appeal, by leave, is directed against the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute. 2. Short facts are that the writ-petitioner-respondents was the owner of the house known as "Hriday Nibash" w......nbsp; ......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....nment cost and as a result the plaintiff could neither pay adjournment costs nor could contest the suit on the date of its peremptory hearing and thereby the plaintiff legally proved the necessary facts and circumstances to substantiate the allegations of collusion in between the clerk of t......ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No......that the present appellant had willfully defaulted in making appearance in the suit because there was no gazette notification declaring the suit property as a reserved forest. Considering the oral evidence of one P.W. Two D.Ws and the documentary evidence the trial Court decreed the suit. On an ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....leave is directed against the judgment and order dated 29.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Su......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others................ summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....is appeal by leave is directed against the judgment and order dated 30.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 3961 of 1996 discharging the Rule. 2. Short facts are that the plaintiff respondent filed Title Suit No. 196 of 1977 in the 2nd Court of Muns...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam a...... Mr. Bhuiyan submitted that the plaintiffs took settlement in the year 1949 and on appeal the R. S. record was prepared in their names and they paid rent to the Government and the rent receipts are evidence of possession of the plaintiffs. He cited the case of Erfan Ali Vs. Joynal Abedin Mia (late..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ......ters and they have not received any notice under section 106 of the Transfer of Property Act nor any letter as alleged in the plaint. 5. The learned Subordinate Judge framed 7 issues and then took evidence both oral and documentary in support of the case of the respective parties and thereafter v..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 1997....... if the accused so desires, or if the competent authority so directs, an inquiry officer or a Board of Inquiry to be appointed under sub-regulation (13) shall hold an inquiry at which oral evidence shall be heard as to such of the allegations as are not admitted and documentary evi..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....not be declared as an abandoned property nor can it be enlisted in 'kha' list of the list of abandoned property as published in the impugned Gazette Notification. As in both the appeals the facts are somewhat similar and contentions raised at the Bar are identical by this common judgment ......dent No. 1 (In Civil Appeal No. 133 of 1997). Not represented - Respondent No. 2-9 (In Civil Appeal No. 133 of 1997). Civil Appeal No. 132 & 133 of 1997. (From the Judgment and Order dated 9-7-1993 passed by the High Court Division in Writ Petition Nos. 648 of 1987 and 41...... and order under appeal declaring that the building is not an abandoned one. 8. From the judgment of die High Court Division it appears that the learned Judges came to a positive finding on evidence that possession of the building in question was not taken over by the Government and ..Category: Property Law | Date: | Hits: 23
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.......llant Vs. Md. Majibur Rahman ..................Respondent Judgment: July 15, 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 In......d Counsel appearing for the plaintiff appellant submits that the plaintiff could prove that the defendant did not pay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or disproved by the defendant. It is clear that even if according ..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....troverting material allegations in the rule application stating, inter alia, that the writ petition as framed and for the reliefs is not maintainable. It also does not lie on questions of disputed facts coupled with suppression of material facts apart from unusual delay on the part of the petiti......me Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and othe......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. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....87 of 1994 respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgment. ......, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1 (In all the cases). Not represented - Respondent Nos. 2-5 (In all the cases). Civil Appeal Nos. 65, 66 and 67 of 1997. (From the three separate Judgment and Orders all dated 12th May, 1996 passed......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. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....ood abated as a whole under Article 2 of President's Order No. 90 of 1972. 13. In reply Khondaker Mahbubuddin Ahmed, learned counsel for the respondent, contends that in the suit there were facts alleged and prayers made which could be gone into by the court without deciding the question ...... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm......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. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....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- Pubali Bank got a money decree on 29.1.96 from Artha R......rted in: II ADC (2005) 380. ...... 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. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....ghts of leaving the country and returning have been recognized in Article 36 of our Constitution. Therefore there is full application of Article 13 of the Universal Declaration of Human Rights of the facts of this case. AM Mahmudur Rahman J. - This appeal by leave is directed against the judgmen......atifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- ......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...Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....he respondents themselves. Dr. Kamal Hossain submits that this is a fit case for review not for upsetting the law laid down by this Court but for taking a differential view in the particular facts and circumstances of the present case to meet the ends of justice." 4. It is...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred t......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. ..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....;fer does not lie against such transferee. Pre-emption in case of such transfer by Heba is barred under section 24(11) (a) of the Non-Agricultural Tenancy Act, 1949. 6. Considering the facts and circumstance of the case we are of the view that the appellant has failed to prove althou......te Division (Civil) Present: KM Hasan CJ Md. Ruhul Amin J Md. Fazlul Haque J Monzur Rahman Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1, 2003. Lawyers Involved:......rongly found that the Heba was not completed inasmuch as no possession was delivered to the Donee (the respondent No. 1). This finding of fact though concurrent but it is contrary to evidence on record; the perusal of evidence of D.W.1 will shown that the gift was validly made, an..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....a). Judgment K M Hasan J.- This appeal is by special leave by the purchaser pre-emptee in an application under section 24 of the Non-Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his......nt: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Inv......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. ..Category: Property Law | Date: | Hits: 35
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