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Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......sion (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Kalu Mondal ..............Appellant Vs. Begum Fazilatun Nessa..............Respondent Naushad Ali .... Appellant V......: 46 DLR (AD) (1994) 53 ...... Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal Nos. 171 of 1979 and..

Category: Property Law | Date: | Hits: 79

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....emporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Di...... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak and others................Respondents Judgment ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ....................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Md. Aftab Hossain, Advocate-on-Record - For the Respondents 3‑20. Civil Appeal ..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....orted in: 46 DLR (AD) (1994) 46. ...... Shahabuddin Ahmed CJ ­MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Respondents Judgment October 28, 1993.......nt and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..

Category: Employment/Service Law | Date: | Hits: 126

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

....ported in: 46 DLR (AD) (1994) 43.......also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......ases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: ..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....(AD) (1994) 39 ...... Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the ......y dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioner in both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents in both the Petitions. Civil Revi..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Rep......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the P...... Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......blic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

.... is also Reported in: 46 DLR (AD) (1994) 19. ......ts (In Civil Appeal No. 63 of 1992) SM Abdul Bari and another .... .........Appellants (In Civil Appeal No. 76 of 1992) Md. Shahidul Alam ……….Appellant (In Civil Appeal No. 77 of 1992) Vs. Md. Azizur Rahman and Others……Respondents (In Civil Appeal No. 44 & 76 of 1992) Md...... Abdul Wadud Bhuiyan, Additional Attorney­-General, instructed by B. Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal No. 44 to 49192). Abdur Rab Chowdhury, Advocate, instructed by Shahabuddin Ahmad, Advocate­-on-Record-For the Appellants (In Civil Appeal No. 62 of 1992) TH Kh......er...........Appellants (In Civil Appeal No. 47 of 1992) Secretary, Ministry of Communi­cations, Road and Road Transport Division and ors........... Appellants (In Civil Appeal No. 49 of 1992) Md. Abdus Sabur and others .......... ...........Appellants (In Civil Appeal No. 62 of 1992) Md. ..

Category: Employment/Service Law | Date: | Hits: 97

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Momtazuddin and another………….Defendant-Appellants Vs. Yakub Ali .......................Plaintiff-Respondent Judgment May 27, 1993 Resul......peal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......1 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Dr. Kamal Hossain Senior Advocate (Khad..

Category: Procedural Law | Date: | Hits: 121

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

.... (Civil) Present:  Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Ma......hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Mannan............ Respondent  (In Civil Appeal No. 42 of 1992)......ve costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Abdur Rab Chowdhury, Advoca..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

........Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......nd to demolish the structure, if any, already constructed. Ed.   ..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....mbers of her family including the sons and were residing there. In that state of the matter the trial Court was of the view that impleading of the defendant Nos. 37 and 38 showing their address in Bangladesh was not genuine since plaintiff himself averred that Karuna Moyee Dasi with her children......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment M......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... Appellate Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......late Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment Apri..

Category: Property Law | Date: | Hits: 43

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....ellip;……………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. The Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committ......vil) Present : Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Anwar Hossain………………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......of Bihar vs. Rai Bahadur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 SC 378; Madhu Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Governm..

Category: Civil Law | Date: | Hits: 103

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....r. Ed. ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......t be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......resent: Md. Ruhul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment Ma...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......o merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

..... In the background 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.   ......sent: Md. Ruhul Amin J Md. Tafazzul Islam J Afia Begum and others…………………………….Appellants Vs. Abdul Baset Mia & others... .........................Respondents Judgment....... In the background 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.   ......gly, the appeal is dismissed. There is no order as to costs. Ed.   ..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Nur Amin and others..............Appellants Vs. Abdul Quddus and others... .............Respondents Judgment March 23......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......n the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 51

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Mono...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Monowara Begum and others.......................................Respondents Jud......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......awyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Petitioner. Rafique-ul-Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respo..

Category: Civil Law | Date: | Hits: 95

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....fazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......fere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......ourt Appellate Division (Civil) Present : Md. Ruhul Amin J MM Ruhul Amin J Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment Nove......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......sp;            Ed. ..

Category: Property Law | Date: | Hits: 64