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Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297....... Revision No. 1588 of 1989) Judgment Mohammad Abdur Rouf J.- Defendant Nos. 2-5, the Government of Bangladesh and its three officials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division in Civil Revision No...

Category: Tenancy Law | Date: | Hits: 124

Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and oth­ers, 2003, 32 CLC (AD)

....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ......s been illegally saddled with an interest at the rate of 18% without any basis or supporting materials and the date from which the interest would accrue. The learned Counsel further contends that the order of maintaining interest @ 18% on account of two final bills for a sum of Tk. 2,24,72,280/- and..

Category: Civil Law | Date: | Hits: 88

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......of mortgaged proper­ty. Interest should also have been allowed on the said sum from the date of the decree till realisation of the same. The High Court Division has failed to properly construe order 34 of the Code of Civil Procedure and has failed to properly construe the facts of the presen..

Category: Property Law | Date: | Hits: 28

Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)

.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......d 19.5.1991 passed by the High Court Division, Dhaka in Civil Revision No. 469 of 1985) Judgment Mohammad Abdur Rouf J.- This appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No..

Category: Tenancy Law | Date: | Hits: 163

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256........ 1 on 22.4.97 also sent a copy of the above memo dated 21.4.97 to the executing Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execu­tion case and also recalled the process relatin..

Category: Criminal Law | Date: | Hits: 51

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

..... 5. In the Cases of Nuruaazman Chowdhury (supra) a Division Bench of the Dhaka High Court had the occasion to consider the same question as here in a similar situation. Sattar J (as he then was) speaking for the court answered it thus: "It is provided in sub-section (2) of section 32 that a......The writ petition arose in this way. One Faizuddin Sarker, father of respondent Nos. 3 and 4, was the Mutawalli of Munshi Kudrut Ullah Waqf Estate under E.G. No. 4429 Dinajpur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of ..

Category: Trust/Waqf Law | Date: | Hits: 190

Md. Shamsul Haque Vs. Salenullah and oth­ers, 2003, 32 CLC (AD)

.... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... March, 1992 passed by the High Court Division in Civil Order No. 944 of 1992)  Judgment  Mohammad Fazlul Karim J. - This appeal by leave is directed against the impugned judgment and order dated March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily..

Category: Procedural Law | Date: | Hits: 38

Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......and Order dated 12.31.998 passed by the High Court Division in Civil Revision No. 3077 of 1995) Judgment Mofemmad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 12.3.98 of a learned Singled Judge of the High Court Division in Civil Revision No. 307..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......al leave, Government of Bangladesh is the appellant and the matter relates to a petition of compromise which was accepted by a Single Judge of the High Court Division (Sylhet Sessions) by a common order dated 29 October, 1987 in Civil Revisions Nos. 2, 5, 6 and 14 of 1984. The appellant's simple..

Category: Property Law | Date: | Hits: 32

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......t Division in F.A. No. 279 of 1993) Judgment Mustafa Kamal J.- This appeal by leave by the employer-defendant, Trading Corporation of Bangladesh, shortly TCB, is from the judgment and order dated 17-11-94 passed by a Division Bench of the High Court Division in F.A. No. 279 of 1993..

Category: Employment/Service Law | Date: | Hits: 69

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. ..

Category: Property Law | Date: | Hits: 30

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......ssed by the High Court Division in Civil Revision No. 8110 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by the plaintiff, following leave, is directed against an order of remand dated 28 August 1994 made by a single Bench of the High Court Division in Civil Rev..

Category: Procedural Law | Date: | Hits: 63

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......31 of 1994 of the Court of Senior Assistant Judge, Keranigonj which was rejected by the trial Court but allowed in revision by a single Judge of the High Court Division by the impugned judgment and order dated 21 November, 1995. 2. Material facts of the case, briefly, are that on 24.7.94 a..

Category: Property Law | Date: | Hits: 27

Hezera Khatun Vs. State, 2001, 30 CLC (AD)

....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......f Sessions Judge, Sylhet, in Sessions Case no. 12 of 1994 and ultimately one of accused named Abul was convicted and others were acquitted including this appellant Hazera Khatun by the judgment and order dated 30.4.1995. Respondent no. 2 Fatema Khatun, the informant, moved the High Court Divisio..

Category: Criminal Law | Date: | Hits: 42

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Reference No. 5 of 2000 heard along with Criminal Appeal Nos. 263, 389 and 579 of 2000) Judgment M. M. Ruhul Amin J.- These two appeals by lave are directed against the judgment and order dated 17.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal Nos..

Category: Criminal Law | Date: | Hits: 45

Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)

....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......ated 2.2.1995 passed by the High Court Division in Civil Revision No. 3152 of 1993). Judgment Syed JR Mudassir Husain J.- This is a plaintiff's appeal by leave and it arises out of an order passed on 2.2.1995 in Civil Revision No. 3152 of 1995 making the Rule absolute upon setting a..

Category: Property Law | Date: | Hits: 39

Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)

....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ...... 22.9.1997 and the suit was restored by setting aside the ex-parte decree. 4. The plaintiff then filed an application under Order 47, Rule 1 of the Code of Civil Procedure for review of the order passed by the appellate court on 22.9.1997. This application was registered as Misc. Case No...

Category: Civil Law | Date: | Hits: 72

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ......om Judgment and Order dated 11.8.1997 passed by the High Court Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 f..

Category: Property Law | Date: | Hits: 37

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136....... dated 12-2-1993 passed by the High Court Division in Civil Revision No. 1346 of 1993). Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff appellant is from the judgment and order dated 12.2.95 passed by a Single Bench of the High Court Division in Civil Revision No. 1346 o..

Category: Tenancy Law | Date: | Hits: 154

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e Judgment and Order dated 3rd November, 1999 passed by the High Court Division in Civil Revision No. 377 of 1998). Judgment AM Mahmudur Rahman J.- This appeal by leave is from the judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998. 2. Th..

Category: Tenancy Law | Date: | Hits: 172