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Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)

....sp;    KM Hasan J.- This appeal arises against the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave petition are th......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ...... Dr. Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) J......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..

Category: Procedural Law | Date: | Hits: 78

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....d other. .....................Appellants Vs. Abdul Hakim..................................Respondent Judgment July 13, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Naima Haider, Assistant Attorney General with him) instructed ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ...... Khan, Senior Advocate, with Shafique Ahmed, senior Advocate, instructed by Md. Nowab Ali, Advocate- on-Record-For the Respondent. Civil Appeal No. 237 of 2001 (From the judgment and order dated 11-06-2000 passed by the High Court Division in Civil Revision No. 1365 of 1997) ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....peal.) ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......te, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Appeal No. 112 of 2002. (From the judgment and order dated 20th and 21st April, 2002 passed by the High Court Division in Election Petition No. 3 ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..

Category: Election Law | Date: | Hits: 312

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

.... Gauranga Chandra Sharma and others ..........Respondents Judgment April 17, 2002. Cases Referred to- Fazlul Haque vs. Noor Mia 12 DLR (HC), 19 DLR (HC) at page 188; Barada sundari vs. Makhan Chandra Das 6 BLT; Abdul Matin Chowdhury Vs. Chapala Rani and others 5 BLD ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......Record-For the Appellants. Nikilesh Dutta, Advocate, instructed by AKM Shahidul Huq Advocate-on-Record-For the respondents. Civil Appeal No. 41 of 1997. (From the judgment and order dated 4th May, 1995 passed by a Single Bench of the High Court Division in Civil Revision No....... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..

Category: Property Law | Date: | Hits: 27

Anowara Begum Vs. State, 2004, 33 CLC (AD)

.... Judgment March 7, 2004. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Md. Sajjadul Huq, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......-For the Appellants. Md. Sajjadul Huq, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Criminal Appeal No.15 of 1997. (From the judgment and order dated 26.02.1997 passed by the High Court division in Criminal Appeal No. 706 of 1996) ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..

Category: Criminal Law | Date: | Hits: 64

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

..... Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......gment                   Syed JR Mudassir Husain J. - This review petitioner has arisen out of judgment and order dated 04-02-2001 passed by this divi­sion in Criminal Petition for Leave to Appeal No. 101...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....urchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre-emptee appellant and the respondent No. 4 collusively described the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a col­orable transaction upon showing exch......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ...... Judgment                 Md. Ruhul Amin J.- This appeal, by leave, by the pre-emptee against the judgment and order of August 26, 1997 passed by a single Bench of the High Court Division in Civil Revision No. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

.... This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......  Mainur Reza Chowdhury CJ.- This Civil Review Petition arises from the judgment of this Division passed in Civil Appeal No. 75 of 1997 allowing the appeal after setting aside the judgment and order passed by the High Court Division in Civil Revision No. 5089 of 1991 (Civil Revision No. 139......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....n: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......e-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-part-Respondent Nos. 2-4. Civil Appeal No. 31 of 1998. (From Judgment and order dated 3.12.97 passed by the High Court Division in Civil Rule No. 117(F) of 1993). Jud......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94

Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)

....C (2004) 413. ...... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......titioners. Md. Narul Islam, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No...... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..

Category: Property Law | Date: | Hits: 29

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....(In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both the appeals) Judgment......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......te-on-Record-For the respondent No. 3 (In both the appeals) Ex-parte-Respondent Nos. 1-2, 4-6 (in both the appeals) Civil Appeal Nos. 320 & 321 of 2001. (From Judgment and order dated 20.5.1998 passed by the High Court Division in Writ Petition Nos. 4646 and 4648 of 1997......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..

Category: Employment/Service Law | Date: | Hits: 89

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....,00,000.00 and damages of Tk. 1,80,000.00 totaling Tk. 7,61,516.00 upon allegations, inter alia, that he carries on bossiness in the firm names, M/S A. Salam and brothers, and M/S Bengal Commercial Traders. He imported 17 cases of diesel engine, spare parts from California, 9 cases from New York and......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......te (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judgment......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..

Category: Civil Law | Date: | Hits: 79

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

.... Vs. Jahanara Begum and others......................Respondents Judgment February 9, 2003. Case Referred to- Saifuddin Kazi alias Safiruddin vs Moslem Ali Howlader 12 DLR 266; Hurbert James vs Golam Hossain Akeema 1 DLR (PC) 5; Lal Miah vs Hazi Md. Lbrahim 2....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ...... Farooq, Senior Advocate, Instructed by Aftab Hossain, Advocate-on-record-For Respondent No. 1. Ex-parte- Respondent Nos. 2-8. Civil Appeal No. 46 of 2001. (From Judgment and order dated 26.4.1995 Passed by the High Court Division in Civil Revision No. 914 of 1987). ....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..

Category: Property Law | Date: | Hits: 26

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trailakha Nath Roy made in favour of the respondent No. 1, Swarashati Roy wife of him. 2. Facts in this case, i......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......der, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-4. Civil Appeal No.151 of 1995. (From judgment and order dated 04.11.1999 passed by the High Court Division in Appeal from Original decree (F.A) Proba......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..

Category: Civil Law | Date: | Hits: 114

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....lip;………Appellant Vs. Md. Sirajul Hoque Chowdhury and oth­ers...........Respondent Judgment June 28, 2004. Cases Referred To- Bangladesh Railway Vs. M/S Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. L...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......arch 30, 1997 of a Division Bench of the High Court Division passed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19. 2. 1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....DC (2004) 390. ......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......ey General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondents (In Civil Appeal No. 61 of 1997) Civil Appeal Nos. 60 and 61 of 1997 (From the judgment and order dated 17th February, 1997 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..

Category: Administrative Law | Date: | Hits: 103

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....dents Judgment July 4, 2004. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent No......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......r Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..

Category: Property Law | Date: | Hits: 31

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

....te..............................Respondent Judgment February 24, 2003. Cases Referred To- BLD 1995 (HCD) 224; 50 DLR (AD) 108. Lawyers Involved: Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioners........ In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......1). Judgment                 Md. Ruhul Amin J.- This petition for review is directed against the judgment and order date April 16, 2002 dismissing the peti­tion for leave to appeal No.183 of 2001 filed aga....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)

....filed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for antici­patory bail. The High Court Division by the order dated December 10, 1997 upon issuing Rule granted ad-interim anticipatory bail to the Respondent No.1 herein. Respondent No.1 is the person with whom......ed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for antici­patory bail. The High Court Division by the order dated December 10, 1997 upon issuing Rule granted ad-interim anticipatory bail to the Respondent No.1 herein. Respondent No.1 is the person with whom ap......d by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Criminal Appeal No.1 of 1998. (From the judgment and order dated December 10, 1997 passed by the High Court Division in Criminal Miscellaneous Case No. ...... Section 497 and 498 of the Code of Criminal Procedure with the prayer for antici­patory bail. The High Court Division by the order dated December 10, 1997 upon issuing Rule granted ad-interim anticipatory bail to the Respondent No.1 herein. Respondent No.1 is the person with whom appellant ..

Category: Criminal Law | Date: | Hits: 64

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....e appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... Deputy Attorney General, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of 200...... and 6 of the Explosive Substances Act, 1908 in the afore­said cases. 7. The appellant having found his name in the newspapers, surrendered before the High Court Division and was granted anticipatory bail and thereafter he appeared before the trial Court where his bail was confirmed, t..

Category: Criminal Law | Date: | Hits: 47