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Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....shy;peal No. 62 of 1991 reversing those dated 28.4.1991 by the Senior Assistant Judge, Chakaria in Other Suit No. 42 of 1987 filed under section 14(2) of the Arbitration Act. 1940. 2. The facts of the case, in brief, are that respondent No.1 as plaintiff filed Other Class Suit No.42 of ......t Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad S......4.1985 they served notice upon both parties who duly appeared and submitted written statements and other necessary papers and documents in support of their respective claim. They have also adduced evidence and perusing the necessary papers they passed the award and executed and registered the sa..Category: Property Law | Date: | Hits: 41
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....l is directed against the judgment and order dated 14.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 3465 of 2002 making the Rule absolute. 3. Short facts are that the petitioner filed Complaint Case No. 16 of 1994 against the respondent under Sect......orporation & another………..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Reco......eral other officers were present in the room of the enquiry officer and he was asked to cross-examine Mr. Jabbar and others in presence of all other officers. He was not allowed to adduce evidence in support of his case. The petitioner made prayer to the respondent for changing inquiry..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....pany in accordance with law. 3. Facts in both the matters are similar in nature and accordingly both the matters are taken up together for hearing and disposed of by this judgment. 4. Short facts for the purpose of disposal of the matters are that the present petitioner company was incorpo...... Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....gle Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defe......-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ...... till hearing of the appeal. Ed. This Case is Also Reported in: ......made the rule absolute as stated above. 3. The learned counsel for the petitioners submits that the ascertainment of possession is a judicial act which has to be ascertained by the court upon evidence and an Advocate Commissioner is not competent to ascertain possession and the High Court ..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shamsuddin Sarder being dead his heirs-Mst. Sufia Khatun and others....Petitioners Vs Md. Habisuddin Gazi and others………&he......ed Advocate-on-record and perused the materials in the paper book. The learned Advocate-on-record could not point out that the finding arrived at by the High Court Division placing reliance on the evidence of P.W.1 and Ext.4 that pre-emptor on the death of his father inherited 6 decimals of land..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......MLR (AD) 105. ......uired said title by adverse possession was under the law required to dismiss the suit, that appellate Court while setting aside the judgment and decree of the trial Court did not advert itself to the evidence on record and that did not reverse the finding and decision of the trial Court. It has also..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
....e to appeal is directed against the judgment and order dated 28.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3757 of 2004 discharging the Rule. 2. Short facts are that opposite party No. 1 as petitioner filed election petition being Election Tribunal C......slam & others……………..........Respondents Judgement March 16, 2006. Lawyers Involved: Shamsul Huda, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Subrata Saha, Advocate (appeared with ...... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... designated officer of the Government of this Country. 12. Therefore, in our view, the appellate court was right in refusing to admit the documents of the plaintiff in evidence in the above facts and circumstances of the case as the exchange document in favour of the plaintiffs executed i......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......rror of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into evidence violating the provisions that there is no evidence that the list Exhibit "Ka", that is census but the same was admitted into e..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....istrict Judge. 6. Hence is this petition. 7. Mr.Mahmudul Islam learned Counsel submits, inter-alia that the petitioner having filed the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, ......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ....... Mr.Mahmudul Islam learned Counsel submits, inter-alia that the petitioner having filed the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding th..Category: Business or Commercial Law | Date: | Hits: 121
State Vs. Sentu and others, 2004, 33 CLC (AD)
....r dated 13.04.2003 passed by the High Court Division in Criminal Appeal No. 2624 of 1997 acquitting the accused respondents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed ......nt: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers In......investigated charge sheet was submitted against the accused respondents and others. The case being sent for trial before the learned Additional Sessions Judge, 2nd Court, Barisal he recorded evidence and passed the Judgment and order convicting the accused respondents under Sections 302/34..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....Appeal No. 1600 of 1998 allowing the appeal thereby acquitting the accused respondents of the charge under sections 409/109 of the Penal code read with Section 5(2) of Act II of 1947. 3. The facts, in brief, are that after holding enquiry in connection with E/R No. 102/87 Mohiuddin Ahmed, ......CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State represented by the Deputy Commissioner, Dinajpur.......Petitioner Vs Abdul Toab alias Abdul Towab and other…..........Respondents Judgment April 17, 2005 Lawyers Involv......dditional Attorney General has placed the judgment and order materials before us and submits, inter alia, that the High Court Division while acquitting the accused respondents did not consider the evidence of prosecution witnesses in juxtaposition with the documentary evidence, M.V. stamp s..Category: Criminal Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....leave to appeal against the judgment and order dated 17.05.2003 passed a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 152 of 2001 discharging the rule. 3. The facts, in short, are that the respondent No. 1 Md. Zahirul Haque as complainant instituted Criminal...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement November 15, 2005. ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ..Category: Criminal Law | Date: | Hits: 44
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
....vision Committed error in holding that the petitioner described himself incorrectly and unauthorisedly as superintendent of the Madrasha without assigning any reason for such finding in view of the facts that the petitioner was appointed as a superintendent of the Madrasha by a duly constituted a...... M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....ive Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner, in the writ-petition, are to the effect that he was elected Cha...... Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....other business concerns in the country have been favoured with licence to manufacture and market similar products. We have considered the submissions and perused the impugned Judgment. In the facts and circumstances the submissions made on behalf of the petitioners merit consideration. ......ion (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. Senakalyan Bhaban (12th Floor) ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ent of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, in short, are that the respondents as petitioners filed the aforesaid writ petitions stating......iz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police Station Mohammadpur, District-Dhaka and others…………………………&hell......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....place and manner of execution of Nadabipatra are vague and unspecific inasmuch P.Ws. 2 and3 in their deposition specifically stated the time, place and manner of execution and the finding of facts of both the courts below to the effect that the said Nadabipatra has been proved to be execut...... Md. Ruhul Amin J Md Tafazzul Islam J Md. Mofazzal Hossain………………………Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: Nu......2 is the scribe and P.W.3 is the attesting witness of the Nadabipatra and they in their depositions did not state as to when and where they had written or attested the Nadabipatra and as such their evidence specifically in respect of time, place and manner of execution of Nadabipatra are ..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....to appeal is directed against the judgment and order dated 29.06.2003 passed by a Single Bench of the High Court Division in Civil Revision No.4300 of 2002 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate ...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md.Tafazzul Islam J Noor Uddin ...............................Petitioner Vs. Alimuddin and others………….........Respondents Judgment August 22, 20......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ...... ......he High Court Division without giving emphasis upon the observation of the lower appellate Court that the plaintiffs in order to prove their case did not produce the original deed for which proper evidence was required to be taken and as such the trial Court was the proper Court to decide the ti..Category: Property Law | Date: | Hits: 32