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Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....h Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having been born in Chittagong on 2.2.1919; that he was educated in Calcut......urt Appellate Division (Civil) Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyer......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......ash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellan..Category: Civil Law | Date: | Hits: 128
Abdul Malek and othÂers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......y order as to cost. Ed. ......ppeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
..... The learned Subordinate Judge dismissed both the suits and the counter claim. 3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986 in Bangladesh Observer for sale of 22 truck chassis on "as is where is' basis. The plaint......Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent. Judgment 8th August 2005 Lawye......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......uhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J. Shafiqur Rahman and others…………………………......... Petitioners. Vs. Mahbub Ali and others....... Respondents. Judgment 2nd January, 2006 Lawyers Inv......d similarly on the Northern 10 gandas. Abdur Rahim and Nur Ali were full brothers. A. Rahim was the eldest. Nur Ali died before R.S. operation leaving one wife Bibijan, two sons Abdur Rahman and Abdul Majid, two daughters Asiya Khatun and Ayeshsa Khatun. Abdul Majid was indifferent towards worl......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: ...... Division (Civil) Present: Mohammad Fazlul Karim J Tafazzul Islam J Md. Joynul Abedin J Sena Kalyan Sangstha and another..............Petitioners Vs. Sufi Fazal Ahmed and others ..................Respondents Judgment July ...... Act and was, therefore, without jurisdiction. The decided decision apart from the case of Secretary of State vs. Mask reported in AIR 1945 (PC) 709 notable, amongst others, are Abdur Rauf vs. Abdul Hamid Khan, 17 DLR (SC) 515 and Md. Jamil vs Improvement Trust, Rawalpindi, 17 DLR (SC) 520.......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....MLR (AD) 2006, 83. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Chairman, Bangladesh Agricultural Development Corporation, Dhaka..........Appellant. Vs. S.M. Ali Imam and others.... Respondents Judgment March 12, 200......ding for final decision, cannot be given by way of interim relief……………………………(16) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (M. A. Sobhan, Advocate with him) instructed by Md. Nawab Ali, ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......eme Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. Kamal Uddin.........................Petitioner. Vs. The State represented by the Deputy......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......inal) Present: Md. Ruhul Amin J. Mohammad Fazlul Karim J. M.M. Ruhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J. The State.................................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petit......00 P.M. the accused persons being armed with deadly weapons such as pipegun, kiris, dagger, iron rod etc. entered into Brahmanbaria Head Post Office breaking grill of a window and killing night guard Abdul Mannan and treasurer Abul Kalam Azad and looted away cash money of Tk. 2,64,290/- in total bre......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Constitution of Bangladesh, 1972, Article 104 The Code of Civil Procedure 1908 (V of 1908), Order XIV, rul...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment Augus...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents. J......e Court Appellate Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Re......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 133
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ad Fazlul Karim, J.- This appeal at the instance of the contemner-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting t......riminal) Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. Hamidul Huque, Managing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents Judgment June 27, 2005 Lawyers Inv......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin, J. K. M. Hasan, J. Md. Fazlul Haque, J . Syed Ehsanul Hussain and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Responden......d. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....sion (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others…………………â€......urt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and othersâ€...... Ministry of Establishment and others………………………………………………….Respondents Judgment May 16, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawyers Invol......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....rs……….....Respondents Judgment December 9, 2003 Result: The Appeal is allowed. Cases Referred to- Al-Haj Abul Basher, being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11, Nur Mohammad and others Vs. Moulvi Mainuddin Ahmed and others...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka ……..... Appellant Vs. Abdul Majid Howlader and others……….....Respondents Judgment December 9, 2003 ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka ……..... Appellant Vs. Abdul Majid Howlader and others……….....Respondents Judgment December 9, 2003 Re......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......im J Amirul Kabir Chowdhury J Aynul Sheikh and another……….....Appellant (In Criminal Appeal No. 42 of 2003) Jaber Sheikh…………....Appellant (In Criminal Appeal No. 43 of 2003) Vs. The State…………….....Respondent (In both the cases) Result: The appeals are all......s Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28.01.1996 at about 3.30 P.M. and so Abdul Gafur S...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....n (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J M. A. Rashid and others……….....Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and other......ported in: ...... judgment and order dated 18.10.2001 passed by the High Court Division in Writ Petition No. 940 of 1995 discharging the Rule. 2. The facts leading to the this petition, in brief, are that one Dr. Abdul Khayrat got lease of the disputed property from the Government on 02.12.1963 who sold the same......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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