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Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......2. The respondent Md. Akhteruzzaman was appointed as Statistical officer in Statistical Department on 30.11.1981 on receipt of a massage that his wife and daughter were attacked by diarrhea he left for Dinajpur on 30.11.1988 without informing the officer. On his return to Dhaka on 29.1.1989 he ca......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ...... Bangladesh………………….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahi..

Category: Employment/Service Law | Date: | Hits: 62

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

....uted 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: 1 ADC (2004) 310. ......he 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 1975 for spe­cific performance of contract and obtained an ex parte decree which was executed and a ......uted 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: 1 ADC (2004) 310. ......t Khursheda Jahan alias Mst. Monju Khorsheda........................Appellant Vs. Syada Shafinaz Jahan and others............Respondents Judgment March 24, 2002. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Sectio......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......harp cutting Chheni dhao' and dealt the same on the person of his father indiscriminately and thereafter cut down the head from his body and his father died instantaneously. Deceased's daughter-in-Law, Nazmun Nahar Nahid (Pw.2), while came to resist, the accused tried to run away and took shelte..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......er having dinner, they brought back the victim to the house of the peti­tioner. On 23.4.1998, at about 5-00 a.m. Fuljhuri, the wife of the brother of the petition­er, went to the house of informant and informed that the victim Balika could not be traced. The informant then rushed to the h......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..

Category: Criminal Law | Date: | Hits: 36

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......the Suit. 2. Mrs. Fatema Khatun (now dead), the mother of the appellant instituted the above Other Suit No. 247 of 1978, where in the respondent No.1 and the appellant were impleaded as pro forma defendant Nos.1 and 2 respectively. Praying for a declaration that the agreement of compromis......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......pellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. Cases Referred To- 1985 BLD Ad 54; 1986 BLD 173. Lawyers Involved: Abdul Momin Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Procedural Law | Date: | Hits: 87

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......way, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to ten­der resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ul Islam and another.................................Appellants Vs. Sheikh Hasanul Huq and others.............................Respondents Judgment May 24, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Employment/Service Law | Date: | Hits: 82

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

....d. 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: 1 ADC (2004) 277. ......inal 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.1......d. 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: 1 ADC (2004) 277. ...... Shahjahan..............Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..

Category: Criminal Law | Date: | Hits: 40

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ch other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15,000,00/- and that the complainant presented the cheques o......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ...... Cases Referred to- Habibur Rahman Hawlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain Vs. Md.  Shafiul Alam, (Chand) 51 DLR (AD) 218, 51 DLR (AD) 218. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Nowab Ali, Advocat..

Category: Business or Commercial Law | Date: | Hits: 138

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......dure, 1898 (Act No. V of 1898); section 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ...... how delay occurred in fil­ing the appeal within the prescribed time then is very much within its jurisdiction to condone the delay and to make direction to register the appeal…………..(10) Lawyers Involved: K. Z. Alam, Senior Advocate, instructed by Md. Ahsanullah Patwery, Ad..

Category: Criminal Law | Date: | Hits: 109

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......e died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and there­fore the question of the suit land being aban­doned property does not arise some people hav­......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... Additional Deputy Com­missioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: Anwarul Azim Khair, Deputy Attorney General, instructed by A. K. M. Shahid..

Category: Property Law | Date: | Hits: 29

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......dvocate-on-Record- For Respondent No. 1.               Not represented- Respondent Nos. 2-4.  Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ...... Md. Joynul Abedin J Saleha Begum and others..................... Petitioners Vs. Nisar Uddin and others................. Respondents Judgment May 8, 2007. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by A. K. M. Shahidul Huq, ..

Category: Property Law | Date: | Hits: 25

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was impleaded in the A.T case by name since there were certain allegations in the petition filed before the Administrative Tribunal by the respondent No. 1 Executive Engineer, Local Government Engi......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......amrul Islam Siddique .................................Appellant Vs. Saber Ahmed and another..............................Respondent Judgment February 10, 2002. Lawyers Involved: Faizul Kabir, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Fo..

Category: Administrative Law | Date: | Hits: 95

Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ......Civil Revision No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dis­pose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observations made there in setting aside the judgm...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ......sp; Vs.   Abdul Hamid and others.............................Respondents  Judgment October 27, 2003.  Result: The appeal is allowed without any order as to costs. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by S.R. Khaoshnabish, ..

Category: Procedural Law | Date: | Hits: 76

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......ding to this appeal are that the said wakf estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a new Managing committee was formed with the petitioner appellant as the member secretary of the committee. The wakf administrat......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......yeed Ahammed J Afsar Uddin Sarker..........................Appellant Vs. Md. Aftabuddin & others...................Respondents Judgment May 19, 2002. Lawyers Involved: Fazlul Karim Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Re..

Category: Trust/Waqf Law | Date: | Hits: 200

Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)

....allowed with­out any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......s. 2. Short facts are that in the writ Petition Memo No. B-900/577 dated 16.05.2000 issued under the signature of respondent No.1. the Registrar of Trade Union declaring the com­mittee formed under the leadership of Gazi Habibur Rahman and Md. Shafiqur Rahman respondent Nos. 5 and 6 ......allowed with­out any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ...... Sultan Ahmed Talukder and anr.... .............Appellants Vs. Registrar of Trade Union, Dhaka Division and others .........Respondents Judgment April 6, 2004. Lawyers Involved: Dr. Kamal Hossain Senior Advocate, instructed by A.S.M. Khalequzzaman, A..

Category: Labour and Industrial Law | Date: | Hits: 100

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......Ruhul Amin J. - This appeal, by leave, is directed against the judgment and order dated March 12, 2000 of a Division Bench of the High Court Division in Writ Peti­tion No. 4201 of 1998. By the aforesaid judg­ment the High Court Division made the Rule absolute. 2. The writ petition......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ...... The Chairman and another...............................Appellants Vs. Md. Sakhawat Hossain and others......................Respondents Judgment April 19, 2004. Lawyers Involved: Sigma Huda, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..

Category: Employment/Service Law | Date: | Hits: 83

Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)

....made hereinabove 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: 1 ADC (2004) 190. ......or any show cause notice was issued upon him". 2. Facts, in short, are that Respondent No.1 (writ petitioner) was initially appointed tempo­rary Nikah Registrar on August 31, 1976 for Union Nos.3-5 and 8 within Gafargaon Police Station and that he was permanently appointed as Ni......made hereinabove 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: 1 ADC (2004) 190. ...... Md. Tafazzal Islam J Md. Saiful Islam..........................Appellant Vs. Md. Abdur Rahim and other........Respondents Judgment May 24, 2004. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Ataur Rahman Khan, Advocate-..

Category: Civil Law | Date: | Hits: 95

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......1994 of the Arbitrator Md. Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......ion & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin chaklader, ..

Category: Civil Law | Date: | Hits: 89

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......-13. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by ......the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. .............Respondents (In Civil Petition No. 220 of 1997) Judgment August 23, 1998. Cases Referred To- Badal Rani Vs. govern­ment of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.....................Appellants (In Civil Appeal No. 47 of 1999) Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors...............Respondent (In both the appeals) Judgment December 10, 2000. Lawyers Involved: Mahmudul Islam, Attorney General, instructed by S. B. Barua, Advocate-on-Record..

Category: Tenancy Law | Date: | Hits: 148