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Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)

....eport in favour of other accused per­sons i.e. the petitioners. Informant Sonia Akhter then filed a Naraji Petition in the court of the Nari-o-Shishu Nirjatan Daman Tribunal, Dhaka. The learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal No. 3, Dhaka, heard the naraji petition along w......ect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......sion. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..

Category: Criminal Law | Date: | Hits: 79

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....siness and, as such, the application for temporary injunction may be rejected with cost. 5. The said application for temporary injunction was heard and rejected by the learned Joint District Judge, 5th Court, Dhaka by judgment and order dated 15-3-2007. 6. Being aggrieved and dissat......d the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......peal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......wo separate kabalas. They acquired the property by virtue of oral gift made by their mother, the predecessor who in support of this gift has sworn an affidavit on 30-6-1987 before a Notary Public, Bangladesh. Accordingly, the property was not in ejmali possession nor the petitioners have any tit..

Category: Property Law | Date: | Hits: 22

Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......ved at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ...... correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......sp;  Mohammad Fazlul Karim J      Md. Tafazzul Islam J    Md. Joynul Abedin J  Md. Abdul Matin J     Bangladesh Bridge Authority & another......... Petitioners Vs. Mukul Kumar Biswas..

Category: Labour and Industrial Law | Date: | Hits: 90

Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)

....t is true and all the PW's deposed correctly before the trial Court and, as such, the judgment and order of the High Court Division is bad in law and liable to be set aside; that the learned Sessions Judge, Munshigonj rightly passed judgment and order of conviction and sentence dated 30-6-2002 in Cr......-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......rd for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..

Category: Criminal Law | Date: | Hits: 65

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....i­ples of international law or statutes designed to implement particular treaties on such matters as diplomatic privilege. It is submitted, further, that their approach is potentially dangerous. The Judges wish to keep government officers of their international obligations, but in fact they are cha......on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......ner of Police of the metropolis ((1979) Ch 344; R. vs. Immigration Appeal Tribunal ex.p. Ali Ajmal, ((1982) Imm. A.R. 102, C.A.); R. v. Home Secretary ex. p. Brand ((1991) 1 A.C. 696); H.M. Ershad v. Bangladesh and others 7 BLC (AD) 67; Vishaka and others Vs. State of Rajsthan (Writ Petition Nos. 66..

Category: Intellectual Property Law | Date: | Hits: 233

Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)

.... the appeal by set­ting aside the judgment and order of the High Court Division passed in Criminal Miscellaneous Case No. 3125 of 1997 affirming those dated 13.7.1997 of the Additional Sessions Judge, Cox's Bazar in Criminal Revision No. 72 of 1987 and that of the Magistrate, 1st Class, Cox's......ocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......r the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..

Category: Criminal Law | Date: | Hits: 34

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....f TK. 500/- in default to R.I. for two months more. The Zonal Martial Law Authority reduced the sen­tence to a fine of TK. 200/- in default to R.I. for three months. 3. On 30.11.1982 the District Judge, Pabna started a Departmental Proceeding, Case No.7 of 1982, against the respondent on the bas...... appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

....er BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge con­victed him under section 409 of the Penal code ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......ppellate Division (Civil) Present ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. ..

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

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....l they were dispossessed by the defendant on the basis of a false ainalnama. He accord­ingly decreed the suit. 6. The defendant took an appeal, Title Appeal No.16 of 1964 to the District Judge. The appeal was on transfer, heard by the learned Subordinate Judge, Kushtia, who agreed wit......and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......e of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

....ch of the High Court Division in Civil Revision No.1710 of 1992, making the Rule absolute and setting aside thereby the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order ...... of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......igh Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Dhaka........Appellant Vs. M..

Category: Procedural Law | Date: | Hits: 87

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....nd decree dated 27April 1994 of a Division Bench of the High Court Division in F.A. No. 11 of 1984 (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent fa......peal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ...... be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

....ive Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the Districts and Sessions Judge, Chittagong of his official car at Chittagong. It appears that on differ­ent dates he took pe......with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......) 579...

Category: Administrative Law | Date: | Hits: 105

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....r a local authority, as provided in the Constitution, and as such the High Court Division has no authority to interfere with its affairs under Article 102 of the Constitution. 4. The learned Judges of the High Court Division by the impugned judgment and order held that since the Managing C......n stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ....... ..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

.... soundness of the health of the worker in performing his assigned job that determines his "continued ill-health". The connotation of "continued ill-health" given by the learned Judges in the impugned judgment will put that expression into a straitjacket of an inflexi­ble ......eneris with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ......ith the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ..

Category: Labour and Industrial Law | Date: | Hits: 72

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......nt and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......rder war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……&..

Category: Property Law | Date: | Hits: 42

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....ision in Civil Revision No. 81 of 1987). Judgment Latifur Rahman J.- This appeal by the pre-emptor-appellant is against the judgment and order dated 17.2.92 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 81 of 1987 after se......impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......ng necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..

Category: Property Law | Date: | Hits: 34

Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)

....ommit any illegali­ty in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......it any illegali­ty in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......illegali­ty in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......me Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. ..

Category: Property Law | Date: | Hits: 39

Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)

....Mutwalli of the Waqf Estate. Against this order Abdul Wahab Shah Chowdhury and Abdul Quayyum Shaha Chowdhury a beneficiary preferred Miscellaneous Appeal No.129 of 1981 before the learned District Judge, Rajshahi under section 43 of the aforesaid Ordinance. Abdus Satter Shaha Chowdhury also pref......he appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......al to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..

Category: Trust/Waqf Law | Date: | Hits: 226

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....leave from the judgment and order dated 25 July 1994 of the High Court Division in Civil Revision No. 814 of 1988 which reversed the appellate judgment and decree dated 12 May 1988 of the Subordinate Judge, Fourth Court, Dhaka (Which had affirmed the judgment and decree dated 30 June 1986 of the Mun......e judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......nts and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..

Category: Procedural Law | Date: | Hits: 36

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)

....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......ated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..

Category: Election Law | Date: | Hits: 282