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Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... Vs. K.S. Agha Yaqub Shall and others, 13 DLR (SC) 338; Bangladesh and others Vs. Dhaka Lodge Welfare Society, 40 DLR (AD) 86; Raziul Hasan Vs. Badiuzzaman Khan and others, 16 BLD (AD) 253. Lawyers Involved: Abdul Razzak Khan, Senior Advocate, instructed by Syed Mahbubar Rahman, Ad...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..

Category: Property Law | Date: | Hits: 34

Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)

....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ...... Kumar Das and others.........................Respondents Judgment April 27, 2009. Case Referred To- Kamml Hasan Vs. Bangladesh and others, 49 DLR (AD) (1997) 44. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-record- For the Petitioners.  &nb......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..

Category: Administrative Law | Date: | Hits: 92

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......d to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. Lawyers Involved: Zahirul Haque Zahir, Deputy Attorney General, instructed by Md. Sajj...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..

Category: Criminal Law | Date: | Hits: 58

BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......al rule alterations in the form of procedure are retrospective in character unless there is some contrary provision in the repealing or amending enactment……………..(7) Cases Referred to- Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahabubar Rahman, Advocate-on-Rec......ali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and another………… Respondents. Order March 12, 2009. Result: The petition is dismissed. The right of appeal is not a ma..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)

....rdingly, the appeal is allowed without any order as to costs.   Ed.  This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ......edin J Secretary, Ministry of Agricultural and others..... Appellants Vs. Rabia Khatoon and others..... Respondents Judgment February 2, 2009. Result: The appeal is allowed. Lawyers Involved: Mrs. Naima Haider, Deputy Attorney General, instructed by B. Hossain, Advocate-......rdingly, the appeal is allowed without any order as to costs.   Ed.  This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ..

Category: Property Law | Date: | Hits: 43

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ip;………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12, 1997. Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Mvi. Wahidullah,......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..

Category: Property Law | Date: | Hits: 35

Ful Meher Bibi Vs. Abdul Wahab and oth­ers, 2005, 34 CLC (AD)

.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... March 21, 2005. Case Referred to- Government of Bangladesh repre­sented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Chand Mia and others, 44 DLR (AD) 98. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Ahsan Ullah Patwary...... Appellants. Mahbubey Alam, Senior Advocate instruct­ed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 69 of 2003. (From the Judgment and Order dated 29.01.2002 passed by the High Court Division in Civil Revision No. 2951 of 1998). ..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......orest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur and others 35 DLR (AD) 216; Rafizuddin Ahmed Vs. Mongla Barman and others 43 DLR (AD) 215. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by A. K. M. Shahidul ...... Sufia Khatun, Advocate-on-Record - For Respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) & 4. Not Represented - Respondent Nos. 5-18. Civil Appeal No. 81 of 1999 (From the Judgment and Order dated 30.11.1998 passed by the High Court Division in Civil Revision No. 3961 of 1996) Judg..

Category: Property Law | Date: | Hits: 42

Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)

....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......r Rouf J Mohsen Jute Mills Ltd..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers Involved: Aftab Hossain, Advocate-on-Record - For the Appellant. Faruque Ahm......d - For the Appellant. Faruque Ahmed, Advocate-on-Record - For respondent No. 2. Not represented - Respondent No. 1. Civil Appeal No. 113 of 1997 (From the Judgment and Order dated 6.8.96 passed by the High Court Division in Writ Petition No. 3684 of 1992) Judg..

Category: Employment/Service Law | Date: | Hits: 100

Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)

....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah,......Appellants. Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent Nos. 2-3. Civil Appeal No. 96 of 1997. (From the Judgment and Order dated 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). ..

Category: Employment/Service Law | Date: | Hits: 83

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455....... Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (S. M. Munir and Mrs. Tania Amir, ......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...

Category: Tenancy Law | Date: | Hits: 149

Janata Bank Vs. Md. Mofazzal Hossain and oth­ers, 1997, 26 CLC (AD)

....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......dhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and oth­ers…………...Respondents Judgment July 1, 1997. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by Mvi. Md. Wahidullah, A......instructed by A.KM. Shahidul Huq, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent No. 2 & 3. Civil Appeal No. 18 of 1996 (From the Judgment and Order dated 3 August 1995 passed by the Administrative Appellate Tribunal, Dhaka in Administrative ..

Category: Employment/Service Law | Date: | Hits: 70

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2, 1999. Lawyers Involved: S. R. Pal Senior advocate (Md. Wahhab Mia, Advocate with him) instructed M......l Huq, Advocate-on-Record – For the Respondent No. 1. Struck out vide Court's order dated 12.12.96. - Respondent No. 2. Civil Appeal No. 25 of 1994 (From the Judgment and Order dated 16.7.91 passed by the High Court Division in Appeal from Original Decree No. 22 of 1981..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)

....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ...... Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi............Respondent (In Appeal No. 133 of 1997) Judgment June 10, 1999. Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant (In both the Appeals). ...... No. 1 (In Civil Appeal No. 133 of 1997). Not represented - Respondent No. 2-9 (In Civil Appeal No. 133 of 1997). Civil Appeal No. 132 & 133 of 1997. (From the Judgment and Order dated 9-7-1993 passed by the High Court Division in Writ Petition Nos. 648 of 1987 and 4165 o..

Category: Property Law | Date: | Hits: 23

Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

....mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and anoth­er, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-r......mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...

Category: Tenancy Law | Date: | Hits: 175

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....f the powers con­ferred by section 20 of the Ordinance was pub­lished in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ...... The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004. Lawyers Involved: Mohammadullah, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Re...... Fida M. Kamal, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Respondent Nos. 2 and 3. Civil Appeal No. 141 of 2000. (From the Judgment and Order dated 5 August 1999 passed by the High Court Division in Writ Petition No. 112 of (1999). ..

Category: Employment/Service Law | Date: | Hits: 105

Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ....... ..................Respondents (In Civil Appeal No. 65 of 1997) Abdul Aziz...........................Respondent (In Civil Appeal No. 66 of 1997) Judgment May 17, 1998. Lawyers Involved: M. G. M. Abdul Faraj Mollah – For the Respondent (In Civil Appeal N......he Respondent No. 1 (In all the cases). Not represented - Respondent Nos. 2-5 (In all the cases). Civil Appeal Nos. 65, 66 and 67 of 1997. (From the three separate Judgment and Orders all dated 12th May, 1996 passed by the High Court Division in Civil Revision Nos. 1585 of 19..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......Cases Referred to: Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR (AD) 13. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Wahidu...... Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record – For the Respondent. Civil Appeal No. 75 of 1990. (From the Judgment and Order dated 30 June 1988 passed by the High Court Division in Civil Revision No. 896 of 1973) ..

Category: Property Law | Date: | Hits: 43

ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)

.... order of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......oudhury J ACKO Industries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. Lawyers Involved: Abdul Wahab, Advocate instructed by Miah Abdul Gafur, Advocate-on-Record -......ellants. Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent Nos. 2-7. Civil Appeal No. 48 of-1996 (From the Judgment and Order dated 11th & 18th July, 1996 passed by the High Court Division in F.A.T. No. 177 of 1997)..

Category: Civil Law | Date: | Hits: 87

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......D) 89; State Vs. M. M. Rahmatullah; Satwant Singh vs. D. Ramarathnam, Assistant Passport Officer, New Delhi and others, AIR (1967) (SC) 1836; Province of Sind v. Public at Large PLD 1988 (SC) 138. Lawyers Involved: Barrister Rafique-Ul-Huq, Senior Advocate (Khandker Mahbub Hossain, Senior Advo...... dated 1.6.2000 the Ministry of Home Affairs of the People's Republic of Bangladesh stopped the appellant to leave Bangladesh but neither the said order nor any order passed under Bangladesh Passport Order, 1973 was served upon him. He stated further that his pass­port also was impounded on 3.11.99..

Category: Constitutional Law | Date: | Hits: 208