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Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....itakundu, Chittagong. In the impugned order it was stated that the same was issued in the light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos. 2 and 3 filed Other suit No. 280 of 1987 ......Khondker Mahbubuddin Ahmed, the learned Counsel for the appellant and Mr. Abdus Sobhan, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 11. From the photocopy of the daily cause list dated 05.11.2000 it appears that......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......ned Counsel for the appellant and Mr. Abdur Razzaque Khan, the learned Additional Attorney General for the respondent and perused the judgment of the High Court Division and other connected papers. 5. Mr. Abdul Malek submitted that P.Ws. 1 and 2 did not see the occurrence. P.W...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....int petition and the same were based on no evidence. The learned Advocate next submits that the High Court Division was wrong in not holding that Labour Court did not at all consider the material and relevant evidence like the salary sheets for the month of December 1991 and December 1992 and mem&sh...... his complaint petition and the findings wee based on no evidence. The learned Counsel further submits that the learned Judges of the High Court Division are wrong in not holding that no where in the papers and documents filed by the appellant before the Labour Court the name of the respondent No. 1...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Involved: Abd......ence like the salary sheets for the month of December 1991 and December 1992 and member's contribution for Provident Fund, all filled by petitioner in original enclosed with the list of documents dated 13.4.1999 and showing names of all permanent workers in the employment of petitioner..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....e acted without jurisdiction in refusing to allow the respondent to import the duplex board and accordingly the appellants acted without lawful authority in refusing to accord permission. The relevant provision of SRO No. 542-L/84/885 CUS dated 10.12.1984 reads as under: "In exercise of ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......lso Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......y order as to costs. Ed. ...... of the defendants predecessor. The trial court as well as the court of appeal below disbelieved DWs. 1 and 2 in this regard. The kabuliyats produced by the defendant appellants being registered documents much emphasis has been given by the learned counsel of the appellants and also the trial C..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......t Appellate Division (Civil) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents ......since been in possession thereof. During the S.A. operation the suit land was wrongly recorded in the name of Chand Mia. After his demise, the defendants in collusion with his heirs created some documents in respect of the suit land and have been trying to interfere with the possession of the p..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......e have heard Mr. Md. Badruddoza, the learned Counsel for the petitioner in all the civil petitions for leave o appeal and perused the judgment and order of the High Court Division and other connected papers. 4. The learned Counsel mainly argued that admittedly all the respondents were workers......Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....igned and delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republi......oss. On receipt of the claimed from the appellant, the Additional Chief Engineer vide Memo dated 10.4.1991 requested the appellant to submit their claim in details and item-with all related papers to the concerned Executive Engineer. The Additional Chief Engineer by his aforesaid Memo......pellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, G......their claim with comments of the concerned officer. The concerned Executive Engineer by his Memo dated 29.4.1991 also requested the appellant concerned Engineers to furnish all related documents and explanations in support of their claim to facilitate determination of the sa..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....d 2 forcibly and illegally entered into the suit property as trespassers, and in order to grab it, they started a school there known as ‘Nahar Academy; that the plaintiff informed the relevant authority of such illegal possession praying for delivery of possession thereof by evict&sh......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......ision (Civil) Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......acres of land devolved upon their namely, the contesting defendants. The claim of Rent Suit No. 179 of 1960 and Rent Decree No. 176 of 1961 getting possession on 3.8.1961 is false and fabricated. The papers and documents filed by the plaintiffs are fabricated. 6. Defendants No. 47 ...... is accordingly dismissed without any order as to cost. Ed. ......of land and got from Serajul Haque Muktair 1.26 acres of land from Khatian No. 95,96,97 and 99. The names of some other persons were recorded in khatian No. 78 and defendant No. 48 to 52 created some documents and by virtue of that they dispossessed the plaintiff from 'Ka' schedule prop..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....r notice floated by the defendant to sell 22 truck chassis the plaintiff submitted tender. In this respect exhibit-2 the offer dated 26 October 1986 made by the plaintiff may be referred to. The relevant contents of the said letter have already been mentioned above wherein the plaintiff cl......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......p; Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) J......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ion allowed the appeal and dismissed the suit. 5. We have heard Mr. Md. Nawab Ali, learned Advocate-on-record and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that Abdur Rahim and Nur Ali jointly took pattan of 1 kan...... ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....hy;ident fund, gratuity and family insurance. 8. The High Court Division rejected the said application in the background of the submission of the writ-petitioner that under the relevant service Rules of the writ Respondents final decision as regard the writ petitioner ought to......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Chairman, Bangladesh Agricultural Development Corporation, Dhaka..........Appellant. Vs. S.M. Ali Imam and others.... Respondents Judgment March 12, 2005. The Constitutio......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......hy;ecution witnesses. 6. We have heard Mr. Abdur Rouf, the learned Deputy Attorney General for the State petitioner and perused the judgment of the High Court Division and other connected papers. 7. At the time of hearing the learned Deputy Attorney General frankly submits that th......ent: Md. Ruhul Amin J. Mohammad Fazlul Karim J. M.M. Ruhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J. The State.................................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petition For Leave To ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
.... judgment dated 28.11.2001 in the AAT Miscellaneous Appeal No.4 of 2000. 11. Leave is granted to consider: "Mr. Md. Nurul Hoque Miah, the petitioner, appearing in person, placed before us the relevant papers, the judgments of the Administrative Tribunal as well as the impugned judgment of th...... dated 28.11.2001 in the AAT Miscellaneous Appeal No.4 of 2000. 11. Leave is granted to consider: "Mr. Md. Nurul Hoque Miah, the petitioner, appearing in person, placed before us the relevant papers, the judgments of the Administrative Tribunal as well as the impugned judgment of the Adminis......mad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others………………………………………………….Respondents Judgment May ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ge deed, but did not make over possession of the shop. The appellant asked him to wait till disposal of the merchandise in the shop and he accepted the said assurance of the appellant since at the relevant time the appellant was one of the persons in the management of the Society. He waited for ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... Syed J. R. Mudassir Husain J Md. Mojibul Huq alias Shaikh Md. Mojibul Huq………..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents Judgment November 9, 200......eed dated 14.3.1980 on the basis of which he claimed the shop contending that Respondent No. 1 sold the shop in question to him and the learned Additional District Judge on scrutiny of the said two documents arrived at the finding that the deed dated 14,3.1980 was brought into existence through ..Category: Procedural Law | Date: | Hits: 111
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....igh Court Division discharged the rule and hence is this petition. 3. The respondents' case, in brief, is that the property belonged to Mrs. Jainab Khatun and her whereabouts being unknown at the relevant time the property has been treated as abandoned property and that though the petitioners cl......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......missed. Ed. This Case is also Reported in: ......abouts being unknown at the relevant time the property has been treated as abandoned property and that though the petitioners claimed to have purchased the property but could not produce any original documents nor the admitted owner Mrs. Jainab Khatun was produced before the Court of Settlement. ..Category: Property Law | Date: | Hits: 74
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