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Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......Aminuddin Ahmed & anr.............................Respondents (In C.  A. No 247 of 2002) Md. Mosharraf Hossain & anr.......Respondents (In C. A. No 248 of 2002) Md.  Abdul Monayem & anr..........Respondents (In C. A., No 249 of 2002) Serajul Haque & ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

....osts. Ed. ...... J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, rep­resented by the Deputy Commissioner, Pirojpur and oth­ers....................Appellants Vs. Md. Wazed Ali and others……………………......ed Ali and others………………………………...Respondents Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. M......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

.... Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......e dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease from the Government. While possessing the same by maki......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

....l) Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Commissioner of Customs and anr......Appellants (In all the cases) Vs Bangladesh Traders, Dhaka…………………...Respondents (In ......raders, Dhaka…………………...Respondents (In all the cases) Judgement October 20, 2003. Cases Referred to- Mr. Ayub and others Vs. Collector of Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....thout any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......04. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, M.A. Baqui, Advocate with him, instructed by Md. Serajur Rahman, Advocate-on-Record- For the Appellant  A.K.M. Abdul Hakim, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For Respondent No. 1 ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......ra Barman & others..............Appellants Vs Most. Khodeza Khatun Bewa and others.........Respondents Judgement February 25, 2004. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate -on-Record- For the ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Mos......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Resp...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

.... and as such we do not find any substance in this petition. More so the petition appears to have not been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......yed J.R. Mudassir Husain CJ M. A. Aziz J Amirul Kabir Chowdhury J Md. Abdul Mannan Akanda…………………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement......is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....enty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....d. ......being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additio...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....greement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in India infavour of Ghose brothers who also gave possession of 'Kha' schedule properties to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he le......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…&hell......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

.........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa Rani Das and another Vs. A.K.M. Habibur Rahman a......ip;…….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20......Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa Rani Das......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....ere is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Abu Hanif Mia and others…………Appellants Vs. Kad Banu and others........Respondents Judgement February 17, 2004. ...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..

Category: Property Law | Date: | Hits: 34

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....ellip;………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondent......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

......Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. ......Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. Lawyers Involv......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

.... This Case is also Reported in: ......preme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referr......Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader Mondal and others Vs Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 51 DLR(AD) 253;......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....ns made in the judgment. As against that order dated 26.1.2003 accused petitioner filed Criminal Revision No. 546 of 2003 before a Division Bench of the High Court Division of the Supreme Court of Bangladesh and their lordships by judgment and order dated 17.6.2003 rejected the said criminal rev......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J University of Rajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cas......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..

Category: Civil Law | Date: | Hits: 97