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

....orted in: 1 ADC (2002) 335. ......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......on-Record-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142 of ......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

.... have filed the suit. In the revenue record of different times Ahmed Ali's name was recorded. Ahmed Ali settled six kanis of land by the ext.1 dated June 1, 1891 to Bashir Mohammed and Kasir Mohammad. The land of this Patta was described by boundaries. The said settlement holders got the possess......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......d, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For the Appellants. Not represented- the Respondents. Civil Appeal No. 1 of 1995. (From the judgment and order dated August 2, 1994 passed by the High Court Division in First Appeal No. 717 of 1991). ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..

Category: Property Law | Date: | Hits: 24

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

.... Present: Md. Ruhul Amin CJ KM Hasan J Abu Sayeed Ahammed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda........................Appellant Vs. Syada Shafinaz Jahan and others............Respondents Judgment March 24, 2002. ......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: 1 ADC (2004) 310. ......ll as the appellate court below and the learned single Judge is in an error of law in not taking into consideration this material point decided by the Courts below while reversing the judgment and order. 10. We have considered the submissions of the learned advocate and gone through the j......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: 1 ADC (2004) 310. ..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....nd accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......;….Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....d at one stage, the petitioner drove the victim out of his house whereupon she took shelter in the house of her maternal uncle. Subsequently, the petitioner filed a case with Bajubagha union parishad to get the victim back in his house and at the mediation of the Chairman of the above Union Pari......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ...... DLR (SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. Jail petition No. 13 of 2003. (From Judgment and order dated 08.03.2003 passed by the High Court Division in Death Reference No. 2 of 2000 heard alo......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..

Category: Criminal Law | Date: | Hits: 36

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....by the learned Subordinate Judge, 1st Commercial Court, Chittagong in Other Appeal No. 475 of 1985 and affirming the judgment and decree dated 27.6.1989 passed by the Munsif 2nd Court, Chittagong Sadar in Chittagong dismiss­ing the Suit. 2. Mrs. Fatema Khatun (now dead), the mother o......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... held that the suit was not barred by limitation. The High Court Division however on consideration of fact that final decree was passed on the basis of report of the Advocate Commissioner and that order no. 5 dated 8.4.68 of the Execution Case shows that delivery of the possession in the above e......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

.... 2. The writ petitioner respondent No.1 filed the above writ petition impugning the Memo dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to ten­der resignation from ser......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ...... Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-9. Civil Appeal No. 38 of 1998 (From the judgment and order dated 3rd September, 1997 passed by the High Court Division in Writ Petition No. 914 of 1994......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..

Category: Employment/Service Law | Date: | Hits: 82

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....used petitioner is a Managing Director thereof and further that the High Court Division failed to appreciate that M/S Master Industries Ltd. was not constituted or established under any law but it had come into existence in accor­dance with the provisions of the Companies Act, 1913 and as su......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......Criminal Appeal Nos. 3-5 of 1996). Not represented- the Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996. (From the judgment & order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision Nos.8......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..

Category: Criminal Law | Date: | Hits: 40

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....ed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ...... by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. B. Hossain, Advocate-on-Record-For Respondent No. 2. Criminal Appeal No. 12 of 2003 (From the judgment & order dated 25.06.2002 passed by the High Court Division in Criminal Miscellaneous case No. 5518 o......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..

Category: Business or Commercial Law | Date: | Hits: 138

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

....the appellant and another. In due course the appellant and another were put on trial to answer the charges under Sections 19 (a) and (f) of the Arms Act. Accused Tafazzel Hossain alias Shahjahan pleaded innocent and claimed to be tried. The other accused, Amir Hossain, admitted his guilt but off...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......992). Judgment                Md. Ruhul Amin J.- This appeal, by leave, has been directed against the judgment and order dated February 23, 1997 of a Division Bench of the High Court Division in Criminal Jail Appea...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

....s imprisonment and to pay fine of Tk.1639.20 in default to suffer 5 month rigorous imprison­ment. 2. Facts, in short, are that on December 2, 1988 the chairman of No. 2 Dahia Union Parishad because of his illness authorized accused Azizur Rahman, member of ward No. 2 to lift 15.62 metr...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......r the Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. Criminal Appeal No. 8 of 2000 (From the Judgment and order dated July 15, 1999 passed by the High Court Division Criminal Appeal No. 2256 of 1995). ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..

Category: Criminal Law | Date: | Hits: 49

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

....ision (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Dr. M.A. Mazed and others.....Appellants Vs. Government of the People's Republic of Bangladesh, rep­resented by the Solicitor…… ..Respondent. Judgment December 10, 2003. Resu......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......on 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition of complaint. A case registered upon ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..

Category: Criminal Law | Date: | Hits: 109

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....resent: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Com­missioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Inv......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......r Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For Respondents Nos. 1-9. Not represented-Respondent No. 10. Civil Appeal No.163 of 2000. (From the judgment and order dated 18.5.1999 passed by the High Court Division in F. A. No.74 of 1998). Judgment ......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..

Category: Property Law | Date: | Hits: 29

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

....on this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......sp;          Not represented- Respondent Nos. 2-4.  Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by the High Court Division in Civil Revision No. 6491 of 2002.) ...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ..

Category: Property Law | Date: | Hits: 25

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

.... is also Reported in: 1 ADC (2004) 224. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......or Advocate, instructed by A/tab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented- Respondent No. 2. Civil Appeal No. 24 of 1999. (From the judgment & order dated 12 November, 1998 passed by the High Court Division in Administrative Tribunal Appeal ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..

Category: Administrative Law | Date: | Hits: 95

Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)

....missioner of Customs, Customs House, Chittagong and others.............Petitioner (In both the cases) Vs. Sayeed Hossain............Respondent (In Civil Petition No. 519 of 2001) Rabbani Trading Co. Ltd............Respondent (In Civil Petition No. 520 of 2001) Judgment February 3, ......the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......ocate-on-Record-For the Petitioner (In both the Cases). Not represented-Respondent (In both the cases). Civil Petition for Leave to Appeal Nos. 519-520 of 2001. (From the judgment & order dated October 31, 2000 passed by the High Court Division in Writ Petition No. 1981 & 5690 ......the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

....vision (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Md. Golam Rasul....................Appellant Vs. Chan Mohammad....................Respondent. Judgment October 26, 2003. Lawyers Involved...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 1991). ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..

Category: Property Law | Date: | Hits: 46

Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

....e same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ...............Appellants  Vs.   Abdul Hamid and others.............................Respondents  Judgment October 27, 2003.  Result: The appeal is allowed without any order as to costs. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ..

Category: Procedural Law | Date: | Hits: 76

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....ed 01,08.97 passed by a learned Single Judge of the High Court Division in Civil Revision 1866 of 1997 making the Rule absolute and setting aside the judgment and order dated 27.03.97 passed by the additional district Judge, Rangpur in Misc. Appeal 57 of 1994 by which the judgments and orders da......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......urt) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). J......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

....sion Bench of the High Court Division in First Appeal No.166 of1995. The High Court Division by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earnin...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... S. Haider, Senior Advocate instructed by Md. Ataul Huq, Advocate-on-Record-For Respondent No.1. Ex parte- Respondent No. 2. Civil Appeal No. 72 of 1997. (From the judgment and order dated 18 March, 1997 passed by the High Court Division in First Appeal No. 166 of 1995). ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..

Category: Property Law | Date: | Hits: 32