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Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....aka in Civil Revision No. 2199 of 1992) Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. ......igh Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......t Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338....... was barred by limitation. It further appears that the learned District Judge on consideration of the evidence on record also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident property Rajbari pre..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....nd decree dated July 31, 1991 passed by the Subordinate judge, Second Court, Dhaka in Title Appeal No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was f......arned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......sistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 123 of 1988 (......t aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ...... maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of the plaint by way of substitution of the Government of Bangladesh represented by the Deputy Commissioner, Bogra in place of the deceased defendant as she ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....le Bench of the High Court Division in Civil Revision No. 232 of 1999 making the Rule absolute upon setting aside the judgment and decree of September 15, 1998 of the 3rd Court of Additional District Judge, Dhaka in Title Appeal No. 144 of 1998 dismissing the same and thereby affirming the judgment ......iew of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......he discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ion to the learned Additional Attorney General and the Deputy Commissioner by the Memo, dated 22.11.2003 furnished the information. The contents of the said Memo, runs as follows: "Government of Bangladesh office of the Deputy Commissioner, Dhaka L.A. Department (sec-8) Memo No.জ়েঃ ..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....ed by a Division Bench of the High Court Division disposing of P.M.A. No. 71 of 1997 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for tempora......ugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......dgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and others...........Appellants Vs. Jahangir Alam and others............Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....ammad 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. 1588 of 1989 making the Rule absolute and set......ast. 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.......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....... (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....himsical, collusive and exorbitant which cannot be sustained. 2. The short fact leading to this petition is that the respondent filed Money Suit No. 1 of 1995 in the 1st Court of Subordinate Judge, Dhaka against the appellant for realization of Tk. 10,24,72,280/- stating that when the appel...... 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. ...... 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. ......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. ..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. ......peal 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. ......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. ......fused on the ground that the block loan will not bear any interest as per terms and conditions and the plaintiff Bank did not file any proper account of sale of the pledged goods. Besides, the Bangladesh Bank by a Circular dated 19.3.84 waived penal interest charged against the borrower and..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....e of the High Court Division in Civil Revision No. 469 of 1985 making the Rule absolute and setting aside thereby the judgment and decree of affirmance dated 31.5.85 passed by the learned Subordinate Judge, Gopalgonj dismissing Title Appeal No. 265 of 1983 and affirming thereby the judgment and de......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....... 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....... 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...Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....l Islam J Md. Awlad Hossain and another....Appellants Vs. Joynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Senior Advocate, instructed by Md. ......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.......e 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....... 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...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....grandson of the Waqif was then made Mutawalli in his place. After a lapse of about three years respondent Nos. 3 and 4 brought a suit, being other Class Suit No. 45 of 1985, in the Court of Assistant Judge, Thakurgaon, for removal of the appellant from the office. They also prayed for their appointm......r be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......t back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at all consider the appellant's contention that the learned Subordinate Judge erroneously held that Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's ......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. ......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. ...... 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. ..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....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. 3077 of 1995 discharging the Rule and there......ind 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. ......ubstance 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. ......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. ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....t Shahabuddin Ahmed CJ. - In these four appeals by special 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 Civi......h 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. ......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. ...... in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....ntitled to have all back salaries, remuneration and other benefits till the date of re-instatement, after setting aside the judgment and decree dated 24-8-93 passed by the 4th Court of Subordinate Judge, Dhaka, dismissing the said suit. 2. The plaintiff-respondent's case, briefly is that ......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 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. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………....Appellant Vs...Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
..... Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by a third party-added defendant-appellant is from the judgment and order dated 6.8.92 passed by a learned Single Judge of the High Court Division in Civil Revision No. 405 of 1988 Dhaka/Civil Revision No. 242 of......t 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. ......der 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. ......of the Rule on 4.6.88 and thereafter engaged Mr. Abdul Mannan Khan Advocate at Rangpur Bench. But in pursuance of the judgment of the Appeallate Division on the 8th Amendment of the Constitution of Bangladesh the record of the said Rule was transferred to Dhaka bench. It was heard and disposed o..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....vision No. 8110 of 1991 making the Rule absolute after setting aside the concurrent judgment and decree of the Courts below in Other Class Suit No. 115 of 1984 instituted in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit against s......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. ......rt 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. ......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. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
.... leave, by the plaintiffs arises out an application under section 10 of the Code of Civil Procedure filed by the defendant respondents in Title Suit no. 131 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 o......e 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. ......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. ......ly instituted suit between the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits..Category: Property Law | Date: | Hits: 27
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....nd the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case no. 12 of 1994 and ultimately one of accused named Abul was convict......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. ......fter 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. ......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. ..Category: Criminal Law | Date: | Hits: 42
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....f Tk. 50,000/- in default to suffer rigorous imprisonment for five years more. Being aggrieved thereby the appellants preferred the above mentioned appeals and the learned Additional Sessions Judge, 1st Court, Khulna made reference to the High Court Division in respect of sentence of death ......ruque 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. ......nd 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 45
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