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Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....he failed to discharge. Having considered the judgment of the Court of Settlement and of the High Court Division and after hearing the learned Additional Attorney General for the appellant and the facts and circumstances of the case and in view of the aforesaid decision of this Divisio......reme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, D......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. ..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....red with the findings and decisions of the trial court that the plaintiff successfully proved her title and possession in the suit land and the High Court Division against the concurrent finding of facts of the courts below has sent back the appeal on remand to the lower appellate court wit...... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ......dgment and decree of the court of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper judgment upon proper consideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title..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. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol...... worker under the second party as Inspector of advances and he was not an officer under the second party Pubali Bank and hence the Complaint case is quite maintainable, that on perusal of the evidence of P.W.1 and D. W. 1 the Labour Court was of the opinion that witnesses for the prosecutio..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... The learned Additional Attorney General, appearing for the Government petitioner, submits that the law officer who represented the Government in the High Court Division was not posted with facts. The correct facts have now been brought to the notice on the basis of official records. The......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20......een annexed with the leave petition as Annexure-L and further their being no explanation as to why the original deed of conveyance could not be filed, such certified copy is not admissible in evidence for non compliance of the relevant provisions of the Evidence Act in this regard and furth..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....tioner Md. Hamidur Rahman is directed against the judgment and order dated 9th July, 2003 passed by the High Court Division in Jail Appeal No. 79 of 2002 dismissing the jail appeal. 2. Short facts as placed before the High Court Division are that the deceased Hosneara sister of the informa......Petitioner Vs. The State..... Respondent Judgment February 01, 2009. Lawyers Involved: A. B. M. Bayzed, Advocate - For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General - For the Respondent. Jail Petition No. 13 of 2004 (Fro......uilty and claimed to be tried. 4. The defence case is that of innocence and false implication at the instance of unknown enemies of the appellant. 5. The trial Court after recording evidence of 7 (seven) P.Ws. examined the accused persons under section 342 of the Code of Criminal ..Category: Criminal Law | Date: | Hits: 50
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....peal is directed against the judgment and order dated 13th March, 2008 passed by the High Court Division in Criminal Miscellaneous Case No. 1905 of 2008 discharging the Rule. 2. Short facts are that the petition of complaint was filed stating, inter alia, that the complainant agreed...... is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....Hannan reported in 42 DLR (AD) 167 and in the case of Collector of Customs Vs. Ahmed Hossain and 39 others reported in 48 DLR (AD) 199 not well conceived or in other words unsustainable in law and facts since facts of those cases are quite different from the facts of the instant case in that 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: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....n for leave to appeal is directed against the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner while a student of 3rd ......(Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Vice-Chancellor, University of Dhaka and others..... Petitioners Vs. Ahmed Ar Razi and others…....... Respondents ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....and their further applications under Sections 28/37/27 and 57 of the Artha Rin Adalat Ain, 2003 Ain was also rejected and the petitioner moved the High Court Division by suppression of these facts. The impugned order was acted upon in the execution case before issuance of the Rule. Conside...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....hakul Union Parishad Complex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the circular of the Government. 2. The facts of the case are that the respondent Nos.1-5 are regulated and controlled by the Governme......……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
.... for leave to appeal are directed against the judgment and order dated 31.08.2006 passed by the High Court Division in Civil Revision Nos. 4217 of 1998 and 386 of 1999 discharging the Rule. 2. The facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in th......35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....peal No. 80 of 1998 allowing the appeal setting aside those dated 27.11.1997 of the Subordinate Judge, 2nd Court, Chittagong in Other Suit No. 120 of 1993 thereby dismissing the same. 2. The facts of the case, in short, are that the plaintiff company is a private limited company incorporat......nbsp; (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited ………………………&hellip......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....n for leave to appeal is directed against the judgment and order 20th April, 2008 passed by the High Court Division in Writ Petition No. 5063 of 2005 making the Rule absolute in part. 2. Short facts as placed before the High Court Division are that the writ petitioner is a citizen of Bangla......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....neous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property o....... Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....d June 21, 2007 of the Court of Special Judge No.1, Dhaka in Special Case No. 1 of 2007 (arising out of Kafrul P.S. Case No.15 dated March 6, 2007 corresponding to ACC G.R. No. 12 of 2007). 2. The facts of the case of the Civil Appeal and the Criminal Petition for Leave to Appeal need not be stat......mad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
.... appeal by leave is directed against the judgment and order dated 6th July, 1999 passed by the High Court Division in Writ Petition No. 1526 of 1999 summarily rejecting the writ petition. 2. Short facts are that the writ petitioner is the auction-purchaser. He seeks leave to appeal against the ju......hul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantil......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Simon Singh Vs. State, 2008, 37 CLC (AD)
....but has been falsely implicated in this case when he went to the place of occurrence like others to see the lootings. 9. The Court of Sessions in consideration of the evidence on record as well as facts and circumstances of the case, found the accused-petitioner guilty for the offence charged and......ttorney General-For the Respondent. Jail Petition No. 07 of 2007. Judgment Md. Hassan Ameen J.- The condemned-prisoner seeks leave to appeal by filing petition from jail against the judgment and order dated 14-03-2005 of a Division Bench of the High Court Division accepting the Death Refere...... 7. After close of the prosecution witnesses, the accused on dock was examined under Section 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 8. The defence case as could be gathered from the trend of cross-examination is total d..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
.... given to the appellant to bring on record the said relevant documents for consideration of this Court which unfortunately could not be produced before the Tribunals. 7. In the special facts of the case, the prayer was granted and so also the leave. 8. At the time of hearing o......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....ction filed an objection petition before the RAJUK for cancellation of the plan and RAJUK on hearing the parties temporarily suspended the plan till disposal of the pending suit. Thus, in the facts of the case it is difficult to say that RAJUK usurped the power of the civil court and there&......ivision (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Md. Shafiuddin Miah and another.......................Appellants Vs. Rajdhani Unnayan Kartripakhya and o......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....sion and also other relevant papers connected in the subject matter of the suit. He has firstly contended that the High Court Division has committed an error of law in not considering the facts of the case and without applying its judicial mind wrongly discharged the Rule because of th......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
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