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Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......llowing new section shall be inserted, namely:— ''9A. Any rent-receiver, within six months from the coming into force of this provision, by an affidavit declare before a Revenue officer authorised by the Collector in this behalf, all the agricultural khas lands transf...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta..Category: Others | Date: | Hits: 86
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......arging the Rule. 2. The facts as detailed in the writ petition, in short, are that the petitioner joined as an Assistant Technical Officer under respondent No. 2, the Water Development Board, on 08.07.1961 and served in various capacities upto 30.02.1991. On 27.11.1985 the then Secre......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......ip;……………………….Petitioner Vs. River Research Institute, represented by the Director General of the Institute, Faridpur and others…………………………&hell..Category: Employment/Service Law | Date: | Hits: 92
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......nd that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Revenue Officer which has resulted a failure of justice because the finding and decision of th......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell..Category: Property Law | Date: | Hits: 28
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib…&helli..Category: Fiscal/Taxation Law | Date: | Hits: 62
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High 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.......High 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.......tion. 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 preferred the appeal in ......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...............Category: Limitation Law | Date: | Hits: 166
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view 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. ......view 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. ......view 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. ...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... 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........98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka during the relevant period. 3. The respondent No. 1 filed the above Criminal Misc (C...... 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....... 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)
....stant Collector of Customs, 19 DLR (1967) p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181.......ra duty in full that it can be said that the petitioner has no equally efficacious remedy. The Customs Act relaxes this condition by various provisos. The petitioner can still prefer an appeal to the Board of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the ......n full that it can be said that the petitioner has no equally efficacious remedy. The Customs Act relaxes this condition by various provisos. The petitioner can still prefer an appeal to the Board of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ peti......) 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 appeal is a..Category: Trust/Waqf Law | Date: | Hits: 190
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....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. ......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. ......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. ......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman........................Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we 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. ......-Rule (5) of Rule 7 of the Government Servants (Discipline and Appeal) Rules, 1976 provides as follows: “(5) On receipt of the report of the findings of the Enquiry Officer or the Board of Enquiry, The authority shall consider the report and record and record its findings on th......we 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. ......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah..Category: Employment/Service Law | Date: | Hits: 69
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......o. 1 as plaintiff filed Title Suit No. 501 of 1983 (subsequently) renumbered as Title Suit No. 280 of 1991 in the Court of Munsif, Sadar, Bagerhat for declaration that order by Circle Officer (Revenue) Bagerhat in Miscellaneous Case No. 818/1983-84 and the kabala claimed in the said Miscell...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003...Category: Property Law | Date: | Hits: 37
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......aintiff filed the suit stating inter alia, that the plaintiff is a private limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power Development Board (P.D.B). The plaintiff runs the Business by taking loan from Janata Bank. The stock of shrimp......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... the needful for implementation of the gazette notification dated 10.7.1997 (Annexure-J to the writ Petition). 3. The respondents are all kanungos and their case is that in a meeting of the National Land Requirement Council of the Ministry of Land held on 30.12.1989 it was decided that e...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......05) 87. ..Category: Civil Law | Date: | Hits: 117
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....andard Bank by a deed of conveyance dated 19.8.1965 executed at Karachi and since then Standard bank possessed the property in question; the appellant bank was constituted under by Bangladesh Banks Nationalization Order, 1972 (P.O. No. 26 of 1972) and in terms of Article 6 of the above Order the ......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......ng for the appellant in Civil Appeal No. 97 of 1997, has submitted that since the respondents did not at all approach the Assistant Commissioner (Land) Dhaka or the Additional Deputy Commissioner (Revenue), Dhaka or Commissioner Dhaka Division regarding mutation, the writ petition is not ma......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20..Category: Property Law | Date: | Hits: 35
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....uring readymade garments and exporting the same in the foreign countries. Thus the company was 100% export oriented Manufacturing Company. The company was a joint venture undertaking with a Korean National Mr. Jong Gil Kim, Chairman, M/S. Shinan (Bangladesh) Limited, 102/351, Hwaqok-Cong Kanesco......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio..Category: Civil Law | Date: | Hits: 106
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......Rule on 25.01.2007 which run follows: "Let a Rule Nisi calling upon the respondents to show cause as to why the promotion of Md. Mustafizur Rahman, as approved by 28th Board Meeting of Bangladesh agricultural Research Institute held on 06.04.2006 and communicated by......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal". 25. In view......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......mad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz..Category: Criminal Law | Date: | Hits: 51
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....bsp; ATM Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, National Security Intelligence (N.S.I.) Department should be treated as an officer absorbed in the ......appointed with the approval of the Public Service Commission. The project in which he was working and which was abolished in 1985 due to administrative reorganization was merged with the Text Book Board and the respondent was never retrenched from service as alleged. One Shahadat Hossain who ser......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of..Category: Employment/Service Law | Date: | Hits: 119
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....s directed against the order of the learned District Judge dismissing in limine, the appellants application for a succession certificate in respect of certain ornaments pledged with the Punjab National Bank at Darbhanaga. The application was dismissed, as being not maintainable on the ground......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI..Category: Property Law | Date: | Hits: 39
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......uit land and got his name mutated in respect of the suit land in Mutation Case No.83/57-58. The defendant Nos.1 and 2 long after the order of mutation got the same cancelled by the Circle officer (Revenue), Banaripara. In the meantime Laxmi Kanta died leaving the plaintiffs as heirs and they hav......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers..Category: Property Law | Date: | Hits: 82