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Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
.... Nos. 1-3 transferred the 'Kha' schedule property to defendant Nos. 4-5 by way of out and out sale deed but to avoid the claim of pre-emption of the plaintiffs they created a deed of exchange instead of a deed of sale. 3. The defendant contested the suit by filing written statement denyin......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd Order dated 12.11.1998 passed by the High Court Division in Civil Revision No. 2948 of 1992.) Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.29......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... 2001 passed by the Appellate Division in Civil Petition for leave to appeal No. 521 of 1996.) Judgment Md. Ruhul Amin J.- The Review petition is by the Government against the judgment and order dated February 27, 2001 in Civil Petition for Leave to Appeal No. 521 of 1996 dismissing the......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......e case of the plaintiff was that he was in joint possession with the defendants and the defendants were interfering with his possession and trying to exclude him there from. He obtained an ad interim injunction, but the same was vacated after hearing the defendants. The plaintiff then......y the High Court Division, Dhaka in Civil Revision No. 569 of 1989). Judgment ATM Afzal J.- This is a plaintiff's appeal by leave and is directed against the judgment and order dated 13th November, 1989 passed by a Division Bench of the High Court Division in revision, ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
.... Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and ano......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......ment and Order dated 13.7.1992 passed by the High Court Division in Writ Petition No, 499 of 1987). Judgment Mahmudul Amin Choudhury CJ.- This appeal by leave is against judgment and order dated 13.7.1992 passed by the High Court Division in Writ Petition No. 499 of 1987 maki......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....espondents. Judgment November 9, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record-For the Appellant. Asaduzzaman, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. N......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......ated 16th March, 2002 passed by the High Court Division in Writ Petition No. 3382 of 2000). Judgment Md. Tafazzul Islam J.- This appeal by leave, is preferred against the judgment and order dated 16.3.2002 passed by the High Court Division in Writ Petition No. 3382 of 2000 making t......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....plaintiff, Jonab Ali father of the defendant No. 8 Haider Ali executed a Barga Kabuliat (exbt.5) in favour of the plaintiff in respect of the suit land for 5 years in the year 1968 as the bargader of the suit land under the plaintiff. 4. Jonab Ali executed another kabuliat (ext. 5A) ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......gh Court Division in Civil Revision No. 1029 of 1998.) Judgment Abu Sayeed Ahammed J.- This appeal by leave, is at the instance of the plaintiff calling in question the judgment and order dated 08.12.1998 of a Single Bench of the High Court Division in Civil Revision No. 1029 of 1......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
.... 2 filed the aforementioned Complaint Case stating, inter alia, that on 1.6.1971 he was appointed as Godown Inspector by the appellant and later on he was promoted to the post of Inspector of advances on 29.11.1977 with effect from 1.12.1977 with terms and conditions of service to that of p......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......e Judgment and Order dated May 8,1997 passed by the High Court Division in Writ Petition No. 1905 of 1990). Judgment Md. Ruhul Amin J.- The appeal by leave is against the judgment and order dated May 8, 1997 of a Division Bench of the High Court Division in Writ Petition No. 1905 o......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... 7; I ADC (2004) 337. ......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......der dated 27 June, 1996 passed by the High Court Division in Writ Petition No. 2465 of 1992). Judgment Md. Tafazzul Islam J. - These two appeals by leave arise out of the judgment and order dated 27.6.1996 passed by the High Court Division in Writ Petition No. 2465 of 1992 Making t......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....bsp; Ed. This Case is also Reported in: ......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......d: A. B. M. Bayzed, Advocate - For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General - For the Respondent. Jail Petition No. 13 of 2004 (From the judgment and order dated 9th July, 2003 passed by the High Court Division in Jail Appeal No. 79 of 2002) Ju......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)
....l Tribunal of Sessions Division of the districts as mentioned above. 3. The prayer for transfer of Nari-in-Shishu Nirjatan Daman case pending before the Special Tribunal No.2, Dinajpur was made alleging insecurity of the petitioner in Dinajpur town. 4. The High Court Division in t......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......hereupon transferred the Special Case No. 16 of 1998 pending before the Special Tribunal No. 2, Dinajpur to the Sessions Division at Thakurgaon. 5. The petitioner being not satisfied with the order of the High Court Division transferring the Special Tribunal Case No. 16 of 1998, wherein he ......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ...... passed by the High Court Division in Criminal Miscellaneous Case No. 1905 of 2008) Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13th March, 2008 passed by the High Court Division in Criminal Miscellaneous Case No. ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... Referred to- Collector of Customs Vs. A. Hannan42 DLR (AD) 167; Collector of Customs Vs. Ahmed Hossain and 39 others 48 DLR (AD) 1995; BLC (AD) 13; Mostafizur Rahman Vs. Government of Bangladesh and 6 others51 DLR (AD); Bangladesh and others Vs. Mizanur Rahman 52 DLR (AD) 149; Khairul Ba...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......d at tariff value at the rate of US$ 1418 per metric ton as per SRO dated 2.2.93" and made the Rule absolute with the direction as stated hereinbefore. 8. As against the judgment and order of the High Court Division the writ respondents came with petition for leave to appeal conten...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....ional Relations of the University of Dhaka, received a show cause notice on 12.6.2007 from the Member Secretary of Fake Student Investigating Committee, Dhaka University to show cause as to why his admission and all other educational activities should not be cancelled on the allegation that he ha......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ....... K. M. Shahidul Huq, Advocate-on-Record- For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007) ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. .......K.M. Shahidul Huq, Advocate-on-Record- For Respondent No.2. Not represent -Respondent Nos.1, 3. Civil Petition for Leave to Appeal No. 1228 of 2007 (From the judgment and order dated 25.04.2007 passed by the High Court Division in Writ Petition No. 8184 of 2006.) ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......ed: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 866 of 2006 (From the judgment and order dated the 25th j April, 2006 passed by the High Court Division in Writ Petition No. 3515 of ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......cate-on-Record-For the petitioners (In both the cases) Not represented- the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos.715 and 716 of 2007. (From the judgment and order dated 31.08.06 passed by the High Court Division in Civil Revision Nos.4217 of 1998 and 386 of......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....bsp; (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......id safkabala deeds and would also handover possession of the said excluded property, the plaintiff after receiving the letter of the defendant No.1 had deposited Tk.1,80,00,000/- by a payment order on 18.11.1992 in respect of "Gha" schedule property and also requested defendant No...... willing to perform its part of the contract and claimed for specific performance of the contract, it would possibly a different case. It is settled law that where a party to a contract commits an anticipatory breach of the contract, the other party may choose to keep the contract alive till the..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......by Mrs. Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Writ Petition No. 5063 of 2005) ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)
.... of the Rule and service upon the respondent No.5, he is not signing the monthly pay bills of the teachers and staffs of the school which seriously prejudiced the school". Submissions made by the learned counsel of the petitioner merit consideration. Accordingly, leave is gra...... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ......t and Order dated August 28, 2005 passed by the High Court Division in Writ Petition No. 3478). Order Md. Ruhul Amin CJ.- This petition for leave to appeal is directed against the order dated August 28, 2005 of a Division Bench of the High Court Division in Writ Petition No. 347...... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....earing. Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......yan, Senior Advocate (Syed Amirul Islam, Senior Advocate with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Jud...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
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