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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- Feroza Majid Vs. Jiban Bima Corporation reported in 39 DLR (AD) 78; Abdur Rashid Vs. Mom...... Division by the judgment and order as stated hereinbefore set aside the same and restored the judgment and order of the court of Assistant Judge upon making the rule absolute. 8. Leave was granted to consider the submissions whether High Court division acted illegally in upholding t..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......asan J Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khon......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......te Mr. Waliur Reza Chowdhury had to be suddenly away in his village home from 6.2.1996 to 9.2.1996 for his mother's illness. Further, Mr. Abdul Barek Chowdhury, advocate in the meantime filed a power on 4.3.1996 on behalf of the plaintiff respondent No. 1 and the office by an office note dat......s also Reported in: 1 ADC (2004) 427. ......able". "For that in the facts of the case wherein the cause list names of the parties did not appear and only the name of the filing advocate along with rule number appeared the granting of time by the Lawazima Bench with the said name of the advocate need not be always accep..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......s from the land in suit. 3. The suit was contested by the defendants stating, inter alia, that by an oral exchange in 1356 B.S defendant No. 8 got the property in suit and that thereafter a power of attorney was executed by the wife of Hajarilal Modal, who owned the property in suit in fa......ate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment &...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......the appeals, these are disposed of by this judgment. 2. The short facts leading to Writ Petition No. 4646 of 1997 are that writ petitioner, who is a Diploma Engineer (Electrical) had joined power Development Board on 9.12.1977 as Sub-Assistant Engineer in Dhaka Zone, System Control Center......of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both the appeals) Judgment October 26, 2002. Case Referred To- Md. Torab Ali Vs. Bangladesh Textiles Mills Corpora......llants were found guilt and ultimately dismissed. The High Court Division found that since all the rules were observed by the Board there is nothing to be interfered with. 5. Leave was granted to consider as to whether the appellants were prejudiced as they did not get reasonable opp..Category: Employment/Service Law | Date: | Hits: 89
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......robate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trailakha Nath Roy made in favour of the respondent No. 1, Swa...... against the impugned judgment and order dated 04.11.1999 passed by a Division Bench of the High Court Division in the First Appeal (Probate) No. 246 of 1996, allowing the appeal on compromise and granting probate upon the disputed will and thereby setting aside the judgment and order dated..Category: Civil Law | Date: | Hits: 114
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......thers reported in 45 DLR (AD) 106 where in it has been held that the Administrative Tribunal and the Administrative Appellate Tribunal have been established with a limited jurisdiction and limited powers. The tribunal cannot grant gratuitous relief and if such a relief is granted the same s......2002. Cases Referred To- Quazi Nazrul Islam Vs. Bangladesh House Building finance Corporation and others 45 DLR (AD) 106. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shaha, Assistant Attorney General with him), instructed by Mvi. Md. Wahidulla......pension till final order is passed. The present appellant and the respondent on being aggrieved by the same judgment of the Administrative Appellate Tribunal filed two leave Petitions and leave was granted to consider the following: "It appears from the impugned judgment tha..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
.... has been overwritten in place of C.S. No. 41. The High Court Division further held that in suit for specific performance of a contract the plaintiff is required to come with clean hands to get the discretionary relief. The High Court Division further held that in the present case when insertion ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......g for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration of Tk. 21,000/-......ment and order the High Court Division made the Rule absolute. Being aggrieved the plaintiff preferred Civil Petition for Leave to Appeal No. 299 of 2000 before this Division. 5. Leave was granted to consider the submission that the bainapatra dated 12 Bhadra, 1387 B.S. corresp..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....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. ......the Administrative Tribunal. He further submits that the secretary of the Ministry having been authorized by the appointing authority to frame change against the respondent and he having been empowered under section 6(2) of the Government Servant (Special Provision) Ordinance, 1979 to issue ......ip;….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md....... the provisions of law allowed the appeal setting aside the judgment and order dated 16.11.1994 of the Administrative Tribunal, Dhaka, Against the said judgment and order dated 20.8.1995 leave was granted on 27-2-2000 in the following term: "Mr. Mahbubey Alam, learned Addi..Category: Employment/Service Law | Date: | Hits: 62
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....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. ......ddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The ......ain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor ......the miscellaneous case, In revision by the pre emptor respondents a single Judge of the High Court Division reversed the concurrent judgment and the rule was made absolute. 7. Leave was granted to consider whether he pre emptor respondents being parties to the sale obtained thought a ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....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. ......bdus Sattar Chowdhury had four sons and seven daughters. The eldest son Salim Chowdhury and youngest son Rabiul Awal are abroad while informant Abdul Karim Chowdhury being second son served in power development Board, Chittagong as Sub-Assistant Engineer. The accused Abdur Rahim alias Jashim......tion 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 Appeal 2023 of......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
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....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. ......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. ......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 service under BPDB with effect from 20.7.1979 for taking job abroad......shy;ly situated with the 24 other employees who were re employed and the respondent No.1 cannot be differently treated from 24 other employees in the matter of seniority. Leave was granted to appeal on the following terms: "..........learned Advocate appea..Category: Employment/Service Law | Date: | Hits: 82
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....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. ......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. ......p; others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: Anwarul Azim Khair, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellants. ......ressions by giving their false address at 227 Wiseghat. 5. The trial court after hearing dismissed the suit and the High Court Division after hearing allowed the appeal. Leave was granted in the following terms:- "Learned DAG submits that findings of the trial ..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....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. ......g of the case. 2. Facts, in short are that respondent No.1 after obtaining degree in Civil Engineering joined on 25th September 1961 as Assistant Engineer in the then East Pakistan Water and power Development Board and while was holding the post of sub Divisional engineer he left the ......ry of LGRD and co-operatives on 22nd December, 1984 as Executive Engineer in the Local Government Engineering Bureau. Thereafter he was transferred from Chittagong Zilla Parishad on 25th June, 1985 to LGRD Head Quarter at Dhaka as superintendent Engineer and he worked there as superintendent Eng......d not file any petition for leave to appeal. But the chief Engineer, Local Government Engineering Department filed petition for leave to appeal against the judgment of the AAT. 12. Leave was granted to consider the submissions of the appellant:- "Respondent No. 1 havin..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... 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. ...... 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. ......J Syed JR Mudassir Husain J MM Ruhul Amin J Md. Golam Rasul....................Appellant Vs. Chan Mohammad....................Respondent. Judgment October 26, 2003. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M...... the trial court dismissed the suit quite correctly the appellate court without reversing the finding of the trial court in that respect was in error in decreeing the suit. 8. Leave was granted to consider the submissions that the lower appellate court as arrived at a clear findi..Category: Property Law | Date: | Hits: 46
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ......Nos.1-3 were placed at serial Nos.109, 115 and 118 respectively and the appellant was placed at serial No.128. After publication of the gradation list new Service Rule of the employees of the power Development Board was published in the Gazette on March 4, 1982 and the Rule 19 of the said R...... 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129 of 1999 [heard along with C.P. No. 52 of 1999]). Judgment &nb......e High Court Division in Writ Petition No. 7776 of 1997 making the Rule Nisi absolute. 2. The Respondent Nos.1-3 filed the aforesaid writ petition challenging ante dated seniority granted to the appellant by the Memo, dated December 14, 1996 of the Dhaka Electric Supply Authorit..Category: Employment/Service Law | Date: | Hits: 72
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......ial Relation Ordinance, 1969 that the Registrar had authority to decide about the validity and legality of any elected committee and further that the High Court Division failed to exercise its power of judicial review under Article 102 of the constitution in the manner required by the ......or the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For respondent Nos. 5-8 10, 12, 15, 17, 18, 20-29. Fida M. Kamal, Additional attorney General instructed by Ahsanullah Ullah Patwary, Advocate-on Record-For Respondent Nos. 1-2. ......to be premature and disposed of the Rule. The High Court Division also observed that the petitioners ought to have referred the matter under section 30 of the Trade Unions Act. 3. Leave was granted to consider the submissions that Title Suit No.10 of 2000 filed by respondent Nos. 5 a..Category: Labour and Industrial Law | Date: | Hits: 100
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove 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: 1 ADC (2004) 190. ......made hereinabove 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: 1 ADC (2004) 190. ......ed illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard granting of lisence of Nikah Registrar to the appellant on temporary basis in respect of 3 wards of Gafargaon Municipality. The High......the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard granting of lisence of Nikah Registrar to the appellant on temporary basis in respect of ..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....ting the trial court to try and dispose of the case within the said period. This Division dismissed the leave petition of the State with the observation, "we do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our i......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......ellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Lawyers Involved: Syed Abu Kowser Md. Debirush Shan, Deputy Attorney General, instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the Appellant. Adbul......is directed against the judgment and order dated 17.09.1998 passed by a Division Bench of the High court Division in Criminal Miscellaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pending in the court of ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ...... as his jurisdiction is limited by terms of his reference. 12. Mr. Bhuiyan submits that in the present case the Arbitrator acted beyond his jurisdiction as law has not entrusted him with any power to award interest-till realization. This question was raised before the trial Court and after......Board WAPDA Building, Motijheel, Dhaka ..............Appellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. ......he High Court Division and a Division Bench of that Division by impugned judgment dismissed the appeal upholding the judgment and decree passed by the learned Subordinate Judge. 4. Leave was granted by this Division to consider the following:- "...........the learned Counsel f..Category: Civil Law | Date: | Hits: 89
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