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Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....2-3-97 passed by the High Court Division in Civil Revision No. 1469 of 1992 making the Rule absolute. 2. Plaintiff-respondent No. 1 filed a suit for a decree for cancellation of the deeds and for declaration that those were obtained by fraudulent means and that were not acted upon and not bindin......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......at she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. Defendant No.2 u..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......s incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondk..

Category: Criminal Law | Date: | Hits: 108

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......(Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and another.......

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

....The suit was decreed ex parte on 15-7-69. Thereafter those defen­dants as plaintiffs instituted the O.C. Suit No. 29 of 1972 against said Yunus Talukder and the Respondent No. 2 as defendants for declaration that the said decree of the S.C.C. suit was illegal, void etc. and perma­nent injunc...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......t the appellant No. 1, a Public Limited Company and the appel­lant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to ..

Category: Property Law | Date: | Hits: 127

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

...., Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confir­mation of possession or in the alternative for recovery of possessi......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......of the trial Court it appears that the trial Court found that C.S. Khatinas Ext.2 and 2(a) stand in the name of Baishnab Charan Dey original raiyat in respect of the suit land on the basis of an oral Bangladeshi and that the defendant could not prove that the suit land belonged to Jituram. The defen..

Category: Procedural Law | Date: | Hits: 112

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

.... judgment.  2.  The petitioner as plaintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Assistant Judge, Chandpur for declaration of title and recov­ery of khas possession against the respon­dents on the allega......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ..

Category: Property Law | Date: | Hits: 175

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Governme......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......nterest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant and proforma ..

Category: Property Law | Date: | Hits: 63

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....Respondent Nos. 2 and 3 filed Other suit No.  280 of  1987  in  the  Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking  declaration that the properties described in the schedule attached to the plaint are properties of t......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. ......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

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......ed respondent of the charge under Sections 328 and 420 of the Penal Code.  2. The facts disclosed in the leave peti­tion, in short, are that P.W.1 A. K. M. Amirul Alam and employee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested..

Category: Criminal Law | Date: | Hits: 92

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... costs.  Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....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: ......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: ......, and section 5A of the Sales Tax Ordinance, 1982 (XVIII of 1982), the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....e defendant appellants preferred this appeal.  2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit p......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. ..

Category: Property Law | Date: | Hits: 57

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ...... Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent  Judgment 13th August 2004&nbs..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....discussions 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: 18 BLT (AD) (2010) 486. ......discussions 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: 18 BLT (AD) (2010) 486. ......aka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Uni..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

.... 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981.  2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bang......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. ......h Court, Dhaka in Title Suit No. 316 of 1981.  2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth hav­ing been born in Chittagong on 2.2.1919; that he was educated in Calcut..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

....p; 2. The respondent Nos. 1-4 as the plain­tiffs filed the aforesaid Title Suit No. 25 of 1989 impleading the appellants 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and d......, 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. ......, 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. ..

Category: Property Law | Date: | Hits: 73

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

....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. ......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. ....... The learned Subordinate Judge dismissed both the suits and the counter claim.  3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986  in  Bangladesh Observer for sale of 22 truck chassis on "as is where is' basis. The plaint..

Category: Business or Commercial Law | Date: | Hits: 108

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....r a decree only for khas pos­session in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of 1982 against the Government upon declaration that the suit property is not an abandoned property and declaration of his title to the......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....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. ......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. ......MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109