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Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....eir dues/benefits/entitlements and only a minor or portion of the dues as regards their leave account remained unpaid as the Govt. did not then communicate their decision in that regard the learned Judges of the High Court Division erred in not holding that the writ petitioners by there conduct w...... without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......nt Mohammad Abdur Rouf J.- These three Appeals Civil Appeal Nos. 65, 66 and 67 of 1997 have been preferred, following a common order of granting leave, by the same respondent appel­lant, Bangladesh Road Transport Corporation, from three separate judgment and order, all dated 12.5.96, p..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....e 1988 of a Single Bench of the High Court Division in Civil Revision No. 896 of 1973 setting aside in part the order of abate­ment of Title Suit No. 81 of 1968 made by the learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receivin......rder as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......o costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represent­ed by the Secretary Ministry of Land Acquisition & Land Records.........

Category: Property Law | Date: | Hits: 43

ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)

.... on 23.5.96 and thereafter by fil­ing an application on 30.6.96 under section 148/149 read with Section 151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being ......der of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......e High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......ficit court fees from the plaintiff decree holder the trial court cor­rected the decree by its order dated 3.9.96. In the meantime the appellants by Chalan No. 13374 dated 23.5.96 deposited in Bangladesh Bank, Sadarghat Branch Dhaka half of the dec­retal amount as well as the costs of th..

Category: Civil Law | Date: | Hits: 87

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

.... passport under clause (2) of Article 7 shall record in writing brief statement of the reasons for the order and shall furnish a copy of the same to the passport holder. From the order of the learned Judges of the High Court Division we are unable to find out any finding that the order of the Secret......re hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......y directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......esent: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Ref..

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......he face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......f our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..

Category: Administrative Law | Date: | Hits: 124

Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)

.... No. 492 of 1986. 2. The appellant as petitioner filed an appli­cation under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. 1 opposed the said pet......r and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..

Category: Property Law | Date: | Hits: 33

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....was execut­ed and a kabala was registered with respect to the disputed land and structures described in "Kha" schedule in Execution Case No. 9 of 1981 in the Court of the Subordinate Judge, Rangpur. 3. During the pendency of the suit one of the defendants of the aforesaid su......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......avour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..

Category: Property Law | Date: | Hits: 35

Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)

....ivil Revision No. 6061 of 1991 (Dhaka) making the Rule absolute and thereupon dismissing the suit upon reversing the judgment and decree dated September 3, 1985 of the Court of Additional District Judge, Chuadanga-Meherpur, Station at Chuadanga passed in Title Appeal No. 26 of 1984 affirming tho...... hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..

Category: Property Law | Date: | Hits: 37

Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)

....r sons and the plaintiff did not take care of his sons and paid no money for their mainte­nance. The defendant filed a suit being No. 228 of 1998 in the Family Court and the Court of Assistant Judge, 1st Court, Dhaka to keep her two sons in her custody but the suit was dis­missed. The de......o go to their father forthwith is maintained. The appeal is accordingly disposed of with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......heir father forthwith is maintained. The appeal is accordingly disposed of with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..

Category: Family Law | Date: | Hits: 161

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....gh Court Division passed in Civil Revision No. 3401 of 1998 discharging the rule obtained against Order No. 15 dated 09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedur......sion is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......et aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......#2472;ে কন কৃষক জমি বিক্রি করিলে।) he may seek aid of Section 6 of Bangladesh Rin Shalishi Ain, 1989 otherwise the transaction cannot come within the purview of Secti..

Category: Procedural Law | Date: | Hits: 75

Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

.... been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal the decree was reversed by the Additional District Ju...... confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..

Category: Property Law | Date: | Hits: 40

Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

.... as they got their share and jama separated by filing a Separation Case, No. 605/69-70. The learned Munsif rejected all these contentions and allowed pre-emption. On appeal the learned Subordinate Judge re­versed the findings of the trial Court and disallowed pre-emption. The decision of the......itation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..

Category: Property Law | Date: | Hits: 35

Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)

....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ...... in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......rdance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......f Sub-Divisional Magistrate, (Special Magistrate under Presi­dent's Order No.50 of1972) Moulvi Bazar, Sylhet. 2. On 12th June, 1973 an Inspector of Police, Special Police Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superin&sh..

Category: Criminal Law | Date: | Hits: 51

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....nd in 1963 and it was a genuine contract and that the defendants received the consi­deration and the plaintiff is in possession of the suit land since 1963. 10. On appeal, the learned Subordinate Judge, Second Court, Sylhet, affirmed the decision of the trial Court. The defendants thereafter fil......ingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172....... is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...

Category: Property Law | Date: | Hits: 40

Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)

.... the land by way of adverse hostile possession for more than 12 years and as such they have acquired a good right, title and interest in the case land. 5. On appeal, the learned Subordinate Judge, Mymensingh, affirmed the decision of the trial Court observing that whatever may be the defe......gh Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..

Category: Property Law | Date: | Hits: 28

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

.... challenged by the plaintiffs. This arises from Title Suit No. 110 of 1958, renumbered as Title Suit No. 64 of 1959, again renumbered as Title Suit No.15 of 1962, in the Second Court of Subordinate Judge, Comilla. It was a suit, among other things, for declaration of plain­tiffs' raiyati rig......hat of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......he trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..

Category: Property Law | Date: | Hits: 55

Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....bsp;                       3. An appeal was filed before the learned Subordinate Judge. The appellate court below considered the evidence and found that the defendants  did no......ced already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......ady. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..

Category: Property Law | Date: | Hits: 25

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....gs is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judge by filing an application for restoration of the Review petition within 15 days from the date o...... set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......de and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....nd defendant No.3 were not party to the kabala Ext. A and they are not bound by it. Accordingly it decreed the plaintiff's suit. 6. Defendant No. 2 filed second appeal and the learned Single Judge took the view that the right of the transferee (Defendant No.) 2 under the sale deed shall no......r of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ..

Category: Property Law | Date: | Hits: 36

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....to comply with the provision of section 17 (regarding deposit of the dues or furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court ......t rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......ing the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..

Category: Tenancy Law | Date: | Hits: 159