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Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......led in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan Saha, Santosh Kumar Saha and Phani Bhushan Saha, that Mahendra Nath Saha died before his father leaving wife, Hemangini Saha (defendant No.1) and a daughter by name Sundari Dasi. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......(ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah vs. Abdul Majid Moral (2201) 6 MLR (AD) 151; Md. Naimuddin Sarder @ Naimuddin Sarder vs. Md. Abdul Kalam Biswas 39 DLR (AD) 237 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Appellants Nurul ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......e rule. 2. The appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 o......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......r Chowdhury J Shamsul Huq Sarker...............................Appellant vs Enamul Huq Sarker and ors.....................Respondent Judgment March 8, 2006 Lawyers Involved: Shamsul Huq Sarker(in person)-For the Appellant Not represented..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have discharged from their employment with T.C.B effective from various dates......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..........Appellant (in all the cases) vs Md.Abdul Halim Bhuiyan & others (31)..............Respondents (in Civil Appeal No. 56 of 2005). Judgment April 27, 2006. Lawyers Involved: Dr. A. K. M. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..Category: Labour and Industrial Law | Date: | Hits: 80
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......owab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. Criminal Petition for Leave to Appeal No. 45 of 2003 (From the Judgment and Order dated 18.01.2003 passed by t......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-Fo..Category: Criminal Law | Date: | Hits: 27
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ...... 2003 Lawyers Involved: Obaidur Rahman Mustafa, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Respondent-Respondent Criminal Petition for leave to Appeal No. 130 of 2003 (From Judgment and Order dated 7th May. 2003 passed by t......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......s A. Mannan..................................Petitioner Vs Mosammat Nurbanu & another ....................................Respondent Judgment November 8, 2003 Lawyers Involved: Obaidur Rahman Mustafa, Advocate instructed by Sufia Khatun, Advocate-on-..Category: Criminal Law | Date: | Hits: 38
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......minal Appeal No.16/2001) Vs. The State………………………Respondent (In all cases) Judgment August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on-..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dismissing the appeal, reducing the sentence of fine to Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction under Section 302 of the ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ppellant vs The State………………………………….Respondent Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, A..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ndent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ners Vs The State…………………………………..Respondent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respon..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......cribed in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others Vs. Md. Abdur Rob Alias Mvi. Md. Abdur Rob, 49 DLR AD) 96. Lawyers Involved: M.A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advoc..Category: Property Law | Date: | Hits: 43
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. ...... Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ Petitions challenging memo compelling them to go on leave preparatory to retirement (......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. ................Respondents (In C. A., No 249 of 2002) Serajul Haque & anr.......................Respondents (In C. A. No 250 of 2002) Judgment May 22, 2006 Lawyers Involved: Sk. Awsaful Rahman, Advocate, instructed by Sufia Khatun, Advocate-on-Re..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....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. ...... purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey t......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. ......ip;………………...Respondents Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md..Category: Property Law | Date: | Hits: 27
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....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. ......tial quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possessio......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. ...... Road, P. S: Ramna, Dhaka-1000.................. Petitioner vs. Mohammad Toufique and others..................................Respondents Judgement May 17, 2006. Lawyers Involved: Rafiqul Huq, Senior Advocate (Rais Uddin Ahmed, Advocate with leave of th..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....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. ......t property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintiff has n......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. ......lip;…………………….Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed by Sajjadul Huq..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....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. ......spondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and other levies but on the basis of a complaint made by some busin......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. ......ossain, 48 DLR (AD) 199; Khairul Bashar Vs Collector of Customs, 50 DLR 225; 42 DLR (AD) 167; 48 DLR (AD) 199; Mustafizur Rahman's Case, 51 DLR (AD) 40; Mizanur Rahman's case 52 DLR (AD) 49. Lawyers Involved: A.J. Mohammad (In all the cases) Ali, Additional Attorney General, instruc..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....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. ......ly retired from service by the Managing Director of the bank and the order was communicated by the General Manager, Head Office by order dated 04.06.1988. The respondent filed case No. 37 of 1989 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunals Act, 19......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. ...... Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, M.A. Baqui, Advocate with him, instru..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. ...... No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladha......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. ......J Sree Promad Chandra 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, Adv..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... 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. ......e employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subor...... 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. ......ngladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Addition..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....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. ......iew Petition No. 21 of 2003. Judgment: Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to App......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. ......ellip;…………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Mvi. M..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....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. ......the same. The appeal was filed against the judgment and order dated 10.8.1996 of the Administrative Tribunal (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case before the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancel......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. ......l Islam J Government of Bangladesh and others…………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahi..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 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. ......o. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relat...... 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. ......s……... ........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, Additional Attorney General instructed by B. Hossain, ..Category: Property Law | Date: | Hits: 41
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