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Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......d-For the Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. Criminal Appeal No. 8 of 2000 (From the Judgment and order dated July 15, 1999 passed by the High Court Division Criminal Appeal No. 2256 of 1995). ......hy;ment and order of the High Court Division the appellant alone has filed the appeal. 5. Leave was granted to consider the contention of the appellant that there was absolutely no evidence against him and it was also he contention of the appellant that accused Azizur Rahman repo..Category: Criminal Law | Date: | Hits: 49
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....e the plaintiff must prove his own case and can not rely upon the weakness of the case of the defendants and in the present case the plaintiff failed to prove even their plaint case and introduced facts which were beyond plaint. 11. It further appears that Ext. 5 is only a notice directin...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Commissioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ......not relate to the suit property and no case has been made out about creation of the corporation holding in the plaint and as such impugned judgment suffers from misreading of material evidence and also based on conjecture and surmise. He further submits that High Court Division err..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....olenama and for committing the offence of forgery in the solenama filed before the Court referred the matter to the learned Magistrate for trial according to law. 9. In consideration of the facts and circumstances we do not find any illegality in the judgment of the learned Assistant Jud......8) 342. ...... 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. ..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. ......Present: Mainur Reza Chowdhury J Md. Ruhul Amin J Mohamad Fazlul Karim J Qamrul Islam Siddique .................................Appellant Vs. Saber Ahmed and another..............................Respondent Judgment February 10, 2002. ......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. ..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... land in suit. It was the contention of the defendant that the kabala executed by Yakub Ali in favour of his son Ishaque was not acted upon. The lower appellate court in the background of the facts as well as on the basis of the evidence held that the kabala executed by Yakub Ali in favour ......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 199......ecreeing the suit. 8. Leave was granted to consider the submissions that the lower appellate court as arrived at a clear finding as to the title of the plaintiff on consideration of the evidence, both oral and documentary, and also as arrived at a finding that defendant No.1 has no cl..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....rded to the above aspect of the case find substance in the contention of the learned Advocate for the petitioner, considering the submission of the learned Lawyers of the parties and in view of the facts and circumstances of the case feel that for the ends of justice and for proper adjudicatio......sp; ...... of the plaintiff petitioner. But on perusal of the judgment of the lower appellate Court find that the pearled appellate Court while reversing the finding of the trial Court has not reassessed the evidence of the parties to examine the findings recorded by the trial Court adequately and satis..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....4 by which the judgments and orders dated 01.08.94 and 03.08.94 passed by the administrator of wakf in E.C. No. 11966 being Taragonj wakf estate District Rangpur were set aside. 2. The short facts leading to this appeal are that the said wakf estate was established since time immemorial an......e court) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). ......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. ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......pellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Cha......uted in favour of Abdur Rahman on 7.1.1993 for selling the land at a consideration of Tk. 65,000/- and Tk. 50,000/- was received as earnest money. Thereafter the trial court on consideration of the evidence on record both oral and documentary decreed the suit by judgment dated 30.3.1995. Th..Category: Property Law | Date: | Hits: 32
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....rected against the judgment and order dated 05.11.2000 passed by a Division Bench of the High Court Division in writ petition No. 3036 of 2000 disposing of the Rule without costs. 2. Short facts are that in the writ Petition Memo No. B-900/577 dated 16.05.2000 issued under the signature ...... (2004) 195. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
.... remainders to the authority to set aside his order of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served notice demanding justice by way of setting aside the order of dis...... ADC (2004) 192. ...... Manager, Thakurgaon Palli Bidyut Samity was required to obtain prior approval both of the Samity Board and the Rural Electrification Board." 5. The Respondents have failed to show any evidence that such approval was obtained from Thakurgaon Palli Bidyut Samity and the Rural Electrif..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
.... as Nikah Registrar was in respect of new area which has no reference to or connection with the area where in the Respondent No. 1 is acting as Nikah Registrar. In the context of the aforesaid facts and circumstances the contention of the Respondent No.1 that by the Memo, dated March 2, 2000......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Saiful Islam..........................Appellant Vs. Md. Abdur Rahim and other........Respondents Judgment May 24, 2004. Lawyers Involved: ......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. ..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....f 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pending in the court of 3rd Additional Sessions Judge, Dhaka. 2. Short facts are that on July 9, 1992 at about 8/9 A.M. the members and supporters of rival unions of empl......ion (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Tafazzul Islam J The State..........................Appellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Lawyers In......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......han, Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of ......sed implicating the accused in the case in his statement under section 342 of the Code of Criminal Procedure. 4. On perusal of the judgment of the Sessions Case it appears that the only evidence against the accused petitioner as under: "On a perusal of the judi..Category: Criminal Law | Date: | Hits: 49
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. ......ellant Vs. M/s Zakir Construction & 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 Ad......e whom the materials were placed by both he parties and when he declined to continue with the proceeding Mr. Md. Moksudur Rahman was appointed and before whom also records were placed and the evidence led and he managed to complete the proceeding with in three months. There is a..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
.... between the government and the requiring body it is palpably clear that the publication of the final notice in Gazette under Section 5 (7) of the said Act is in process. 10. In view of the facts and circumstances of the case, the lawful order the learned Judgers of the High Court Divisio......fzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka and other....................................Appellants Vs. Abdul Wahab Mia and other......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. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....dent because the respondent accepted the two conditions. Now the respondent cannot turn back and challenge those two conditions and the principle of estoppels or waiver is fully applicable in the facts of this case, which the Appellate Tribunal wrongly decided otherwise. Mr. B. Hossain next s......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....cases, the prevailing rate of tariff was lower. In all the cases, the reviling tariff rate as per S. R. O was enhanced by subsequent S.R.O. 4. It will be worthwhile to narrate the facts of one case. Civil Appeal No.6 of 1995 which arises from writ Petition No. 1786 of 1990 the f......mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
....or of Forests. The prayer portion indicate that the writ petition is in respect of terms and conditions of service, we have considered the submissions of the learned Advocate and also the facts and circumstances of the case and the decisions of this Division and we are of the view that...... ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....r amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Class Suit No.10 of 1989 by discharging the Rule issued in Civil Revision No. 56 of 1992. 2. The facts, in brief are that the appellant as plaintiff filed the aforesaid suit in the Court of Assis......ate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......o Reported in: 1 ADC (2004) 109. ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
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