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Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a s......t Appellate Division (Civil) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents ......bsp; Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 5 July 1998 passed by the High Court Division in Civil Revision No. 3266 of 1997 making ..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
.... and orders dated 03.03.2002 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3142 of 1999, 4469 of 1999, 4470 of 1999, 4471 of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are disposed of by thi......Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4......cate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4472 ..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....award dated 21.9.1991 signed and delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of t......pellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, G......sp; Mohammad Fazlul Karim J. - This appeal at the instance of the plaintiff-appellant is directed against the judgment and order dated 4th April 1996 passed by the High Court Division in Appeal From Original Order No. 82 of..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....Nisi calling upon the respondents No. 1-3 to show cause as to why their actions relating to further promotion of the officers mentioned in Annexure B should not be declared to have been taken without lawful authority and to be unconstitutional and violative of the petitioner's fundamental rights gua......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Muj......uary 6,2000 passed by the High Court Division in Writ Petition No. 227 of 2000) Judgment Md. Ruhul Amin J.- This appeal, by one of the Writ Respondents, has been filed against an ad-interim order dated February 6, 2000 of the High Court Division in Writ petition No. 227 of 2000. The writ p..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....erty had vested as an abandoned property under President's Order No. 16 of 1972 and that as per Article 14 of P.O. No. 16 of 1972 the property having vested in the Government by operation of law the same cannot be subjected to any legal proceeding and as such the suit for declaration of tit......ision (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 Lawyers Involved: ...... 1976 when he remained absent temporarily stranded in Karachi where he had gone in course of his employment to the head office of Latif Bewani Jute Mills Ltd., where he had been serving since 1953 in order to export jute gods, but could not return back to Bangladesh till August, 1976 but the members..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....rpreting exhibit-5 the deed of executed by Ataul Haque Chowdhury in favour of the plaintiff-predecessor Mansur Ahmed and this having being not done, the High Court Division committed an error of law which resulted in an error causing failure of justice. 10. Mr. A. J.&...... is accordingly dismissed without any order as to cost. Ed. ......sp; Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by the High Court Division in Civil Revision No. 2181 of 1997 dischargin..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....fence of the proceeding. 4. Mr. Shamsul Huda Manik, the learned Advocate, appearing for the accused-petitioners, firstly contended that the High Court Division committed an error of law and fact in not quashing the proceeding in view of the allegations disclosed in the complaint pe......ition is dismissed. Ed. ......d by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents. Criminal Petition for Leave to Appeal No. 81 of 2002. (From the judgment and order dated 28th April, 2002 passed by the High Court Division in Criminal Miscellaneous Case No.515..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
.... con tract by the plaintiff the amount of earliest" money and the money subsequently paid by the plaintiff has been legally forfeited and as such the impugned judgment suffers from error of law. 9. He further submits that, the tender notice was floated inviting tender for selli......p; Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) J......Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) Judgm..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. ...... ......; Mohammad Ali, Advocate-on-Record, For Respondent Nos.1-4 Respondent Nos.5-26- Not represented. Civil Petition For Leave To Appeal No. 503 of 2004. (From the judgment and order dated 02.11.2003 passed by the High Court Division in First Appeal No.377 of 1996.) Jud..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition should not b......8) 197. ......casioning failure of justice, review petition should not be entertained lightly. The provisions under Articles 23 and 24 of the President’s Order 16 of 1972 are intended to cover only orders passed with jurisdiction and these provide no protection to orders passed without jurisdicti..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
.... provision of Section 10 of the said Act properly and also did not consider the provisions of the Public Servants (Retirement) Act, 1974 which shall have effect over other laws and regulations, in view of the non-obstante clause contained in 10. 10. This Cour...... 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, 2005. The Constitutio......nbsp; Md. Ruhul Amin J. - This appeal is against the order dated December 6, 2000 of a Division Bench of the High Court Division in Writ Petition No. 466..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....ns (1) to (3A) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under Sub-section (1)". 12. The aforesaid provision of law envisages that nothing in the Section shall preclude further investigation in respect ......mad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 3446......Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 3446 of ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....d to be tried. The defence plea was that the confessional statement of Mafizuddin was neither voluntary nor true and the same was extracted by the police inhumanly torturing him keeping him in unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defendan......ent: 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 Petition For Leave To ............................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petition For Leave To Appeal No. 135 of 2O04. (From the judgment and order dated 15.02.2004 passed by the High Court Division in Death Reference No. 40 of 2001 and Crimi..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....tion 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of ...... 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 August 9, 2005. The Con......ructed by A.S.M. Khalequzzaman Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-4. Civil Appeal No. 184 of 2004 (From the judgment and order dated 24 August 2003 passed by the High Court Division in Civil Revisi..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....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. ......d 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. Judgment 8 November 2003 Lawyers Involved: Md. ......Lawyers Involved: Md. Nowab Ali, Advocate-on- Record-For the Petitioner. Not represented- Respondents Civil Petition For Leave to Appeal No. 1089 of 2002 (From the judgment and order dated 30.4.2002 passed by the High Court Division in Civil Rule No. 110 (con) of 1999) ..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....t of payment of rent by the petitioner are based on no materials on record and as such the findings and decisions as arrived at by the learned S. C. C. Judge are erroneous and can not be sustained in law. The learned Single Judge of the High Court Division also committed an error of law resulting in......late Division (Civil) Present: Md. Ruhul Amin J. Syed J. R. Mudassir Husain J. Anil Ranjan Deb......................Petitioner. Vs. Yoshodalal Amritalal Shaha Banik and others.....................Respondents. Judgment 9 November 2003 Lawyers In......ate-on-Record- For respondent No. 1 Not represented- Respondent Nos. 2-5. Civil Petition For Leave To Appeal No. 1458 of 2001 (From the judgment and order dated 17th April, 2001 passed by the High Court Division in Civil Revision No. 576 of 1991)&nb..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....;lenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Court Division and another shareholder of the Dhaka Bank also challenged the aforesaid new law in Writ Petition No. 3482 of 2003 and it was brought to the notice of the Chairman designat......Court Appellate Division (Criminal) 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, ...... Rafique-Ul-Huq, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent Criminal Appeal No. 5 of 2004 (From the judgment and order dated 1st and 2nd November 2003 passed by the High Court Division in Contempt Petition No. 3 o..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
.... of the view that the High Court Division has rightly dismissed the aforesaid Misc. appeal and discharged the connected Civil Rule. 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 pe......y, the leave petition is dismissed. Ed. ......s Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Court Division in First Miscellaneous Appeal No. 51 of 1998 ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....ired so there is no scope to promote him in the Post of Commissioner of Taxes. The Ministry of Establishment agreed with the claim of the appellant but did not execution the orders in accordance with law. The said order of the Ministry of Establishment dated 10.8.2000 is illegal and void as it is vi......mad 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………………………………………………….Respondents Judgment May ...... Fida M. Kamal, Additional Attorney General- For the Respondent. Civil Appeal No. 257 of 2003. Judgment Mohammad Fazlul Karim J.- This appeal by leave is directed against the judgment and order dated 28.11.2001 passed by the Administrative Appellate Tribunal dismissing the Miscellaneous ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....putting thumb impression over the same; that the High Court Division as well as the Court of Additional District Judge and also the appellate authority traveled beyond the scope of the case and the law. 6. The last submission that High Court Division, Court of Additional District Ju...... Syed J. R. Mudassir Husain J Md. Mojibul Huq alias Shaikh Md. Mojibul Huq………..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents Judgment November 9, 200......ed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Appeal No. 52 of 2001. (From the judgment and order dated June 8, 2000 passed by the High Court Division in Civil Revision No. 5011 of 1998). ..Category: Procedural Law | Date: | Hits: 111
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