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Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....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. ...... of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in......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. ......s heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Adv..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....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. ......idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decre......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. ......k Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa Rani Das and another Vs. A.K.M. Habibur Rahman and others, 13 BLD (AD) 217; Mahbubul Huq vs. Md. A. Kader Munshi and others, 52 DLR, 194. Lawyers involved: Mustafa Neaz Muhammad, Advocate instructed by Abu Siddique, Advocate-on-Re..Category: Civil Law | Date: | Hits: 122
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ad Nawab Ali, Advocate-on-Record- For the Petitioner A.S.M. Khalequzzaman, Advocate-on-Record- For Respondent No.1. Not represented- Respondent No. 2-10. Civil Petition for Leave to Appeal No. 1145 of 2004. Judgment: ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......………………….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senio..Category: Property Law | Date: | Hits: 34
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. ...... Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant prefe...... 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. ......ul Amin J Md. Abu Hanif Mia and others…………Appellants Vs. Kad Banu and others........Respondents Judgement February 17, 2004. Lawyers Involved: Shaheed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......benefits ceased to be "workers" of the petitioners company and as a result the respondent No.1 lost its entitlement to continue with their registration under section 7(2) of the IRO, 1969 for not having 30% of the workers as their members; the petitioner by their letter dated 15.4.88 h...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......td……………..Appellant Vs The Chairman, First Labour Court, Chittagong and Other's.........Respondents Judgement February 29, 2004. Lawyers Involved: Md. Khalilur Rahman, Advocate instructed by Mvi. Md. Wahidullah, Advocate-..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from t......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. ......sus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Reco..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....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. ......Procedure and thereupon striking out the 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants includin......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. ......p;.........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 Involved: Abdur Razzaque Khan, Senior Advocate, instructed by A. K. M. Shahidul Huq,..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....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: ......suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act. The learned Additional District Judg......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: ............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; 1 BLC (1996) page 105. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Sajjadul Huq,..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....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. ......2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 103 of 2003. Judgment &......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. ...... Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement January 14, 2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Re..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. ......ner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No. 1. Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 146 of 2005. Judgment: ......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. ......hancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- 3 BLC (AD) 45. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ...... Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding u......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ...... April 7, 2003. Cases Referred to- 41 DLR (AD) 1997; Malik Din and another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia and another Vs. Abdul Latif and others, 9 DLR, 357. Lawyers Involved: S. S. Haider, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advoca..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ........Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the accused in the same house the accused is t......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... is quite unknown to our criminal jurisprudence and we, therefore, disprove this unwarranted method of administration of justice…………………..(40) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Faisal H Khan, Assistant ..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... R. Mudassir Husain J Abdus Salam alias Md. Abdus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represent..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ...... DLR (SC) (1978) 251. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Faheemul Huq and Ahasanul Karim, Advocates with him), instructed by A. K. M. Shahidul Huq, Advocate-on-Record- for the Appellant (In both the cases) Abdul Mannan, Senior Advocate, instructed by B. Hossa......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......others .......Respondents Judgment January10, 2007 Case Referred to- M/s. Railway Men's Stores Ltd. and another vs. Chairman, Labour Court, 30 DLR (SC) (1978) 251. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Faheemul Huq and Ahasanul Karim, Advocate..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......s Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not represented -Respondent Civil Petition for Leave to Appeal No. 1035 of 2002. (From the judgment and order dated 06.03.2002 passed ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder...................................Respondent Judgment April 21, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 15 & 16 Not represented- Nos. 2-14 & 17-21 Civil Petition for Leave to Appeal Nos. 1818 of 2002 (From the judgment and order dated 18th August 2002 p......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ............Respondents. Judgment March7, 2004 Cases Referred to- Shawkat vs. Bhimeshwari, AIR 1978 SC 528. Aftab Ahmed vs. Moinuddin Zaigirdar and another, 46 DLR 173. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners Nurul Is..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule absolute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwell...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......…………………..Appellant Vs. Omar Ahmed……………..Respondent. Judgment December 6, 2007. Lawyers Involved: Salah Uddin Ahmed, Additional Attorney General, instructed by Mvi. Md..Category: Criminal Law | Date: | Hits: 41
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
...................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......Anr................Respondents (In Civil Petition Nos. 95-96 of 2007)
Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh fo..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... while problem developed in his eyesight, and that inspite of treatment as problem in the eyesight of the appellant was continuing there was recommendation on November 30, 1989 for grounding him and he brought the said fact on December, 30, 1989 to the notice of the Biman aut...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……….(13 & 20) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Mrs. Sufia Khatun,..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by t......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Amirul Kabir Chowdhury J Alauddin Bhuiyan (Md)......................Petitioner vs State…………………………………………….Respondent Judgment March 22nd, 2007 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate..Category: Anti-Corruption Laws | Date: | Hits: 90
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