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Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......s also Reported in: 1 ADC (2004) 462. ......d 3(ka) of the plaint stating to the effect that while said Debendra Chandra Sharma had been owning and possessing the land described in 1(ka) and 1(kha) of the plaint he exchanged schedule 1(kha) property on 19.10.82 by registered kabala with that of the defendant No. 1's property mentioned in ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..Category: Property Law | Date: | Hits: 27
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. ...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ...... of a document is inadmissible under Section 92 of the Evidence Act........ Section 91 of the Evidence Act provides that when the terms of a contract or of a grant, or of other disposition of property, have been reduced to the form of a document no evidence shall be given in proof of t......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. ..Category: Property Law | Date: | Hits: 44
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. ......Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Invol......the plaint. The learned Court below on hearing both the parties decreed the suit in full against the appellant on contest with cost and interest until realization and the Court further attached the properties of the appellant conditionally. 3. The appellant preferred an appeal against the......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. ..Category: Procedural Law | Date: | Hits: 94
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. ........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both ......e petitioners and after due inquiry found the petitioners guilty and as this court, under writ jurisdiction cannot sit as a court of appeal and decide whether the said inquiry officer's on proper appreciation of evidence, duly came to the aforesaid findings, Since it appears t......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. ..Category: Employment/Service Law | Date: | Hits: 89
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....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. ......enior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ...... of the plaintiff no discretionary relief for specific contract can be granted. In out view these findings of the High court division are based on correct assessment of the materials on record and proper consideration of the bainapatra Ext. 1. Therefore, we find no cogent reason to i......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. ..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
.... the nullified deeds of gift dated 31.1.41 and 1.5.51 at that time one Abdul Mabub Sawdagar who was closely related to both the parties, offered his services for effecting a compromise and in complete reliance upon him, she put her L.T.I on some blank sheets of paper upon the representation......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. C......so upon the pro forma defendant No. 2 and her interest had not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her father Abdul Gani Chowdhury who ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
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. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Commissioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ...... had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people having greedy eyes on the suit land started harassing......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. ..Category: Property Law | Date: | Hits: 29
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......sp; ...... No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dispose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observations made there in setting aside the judgment and decree...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....ioners submits that the impugned judgment is bad on the face of it in that whereas the trial court judgment runs into 50 pages the judgment passed in appeal in not more than 7 pages which shows complete lack of application of mind to the evidence on record. Mr. Ahmed submits that the High Co......pellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Cha......ded in the 'bainapatra' originally belonged to him and his brother Rajendra. This Rejendra died leaving behind his widow Dhairjay Bala and the defendant and Dhairjay Bala are now owners of the property. It is the further case of the defendant that when the defendant wanted to send his son t...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... fact that during continuance of the construction the plaintiff was asked to undertake some non scheduled construction for reasons beyond the control of the plaintiff and the plaintiff has to complete this non-scheduled construction on being threatened by the appellant which work was not me......ellant 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. Lawyers Involved: Abdul Wadud Bhuiyan, Senior 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. ......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. ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......troversial by the appellant. By now he has also retired from service. Without probing too much at this stage into the correctness or otherwise of his statement of earnings we think it will be fit and proper in the facts and circumstances of case to accept his statement of earnings during the period ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1...... the contention of the learned Advocate for the appellants must succeed. The question that there was no guide line for fixing tariff value under Section 25 of the Customs Act could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to cos......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
.... the learned Advocate supporting the judgment of the learned Assistant judge, has tried to argue that any change of the exhibited khatian No. 769 to 766 will amount to jumping upon others land by a complete departure from the plaintiff's suit land as described in the plaint and this will prejudic......ate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. ......ing failure of justice. 9. We therefore hold that the change of number of khatian by way correction will not in way change the nature and character of the suit nor does it shift the place of property as stated in the kabala the basic document. It is an established principle of law ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......d. This Case is also Reported in: 1 ADC (2004) 107. ......gle Judge of the High Court Division without adverting to the findings of the court of appeal set aside the judgment of court of appeal and ns such the judgment of the High Court Division is not a proper judgment of reversal and hence can not be maintained in law and that the High Court Division......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal......(i) whether the Court Division is competent and independent to act under section 491 of the Code of Criminal Procedure in an appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor on the order ......er courts of the sub-continent that question of custody of a minor can also be decided in a proceeding under habeas corpus under m 491 of the Code of Criminal Procedure without prejudice to the final adjudication by the court concerned, the High Court Division committed illegality in refusing to int..Category: Criminal Law | Date: | Hits: 34
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......resent: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers......ridges. The licenses were regularly renewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his political rival, in order to harass and grab his landed property implicated him in false cases. On being unsuccessful in those cases, Javed Akther Fa......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... Md. Hassan Ameen J Md. Abdul Matin J Abdur Noor Chowdhury……………………………Petitioner Vs. The State and another…………………..........Respondents Judg......and 19 BLD 461 as cited by the learned counsel of the petitioner and so there is no ground to issue a rule for quashing the proceeding. 6. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved rejected the application......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred......ial court rightly believed the evidence of the PW 1, 2, 3, 4, 5, 6,7,11 and 17 against the respondents and rightly acquitted others having found them not guilty while convicting the respondents on proper scrutiny of evidence but the High Court Division set aside the judgment on allowing the appe......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ...... Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others.......annot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper consideration of materials on record and the law involved discharged the Rule and accor...... As it appears in 25 MLR (AD) 80 it has been held that the dispute regarding variation of population cannot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Div..Category: Property Law | Date: | Hits: 21
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....and that would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the parties an opportunity to produce those evidences before the trial Court to ensue complete justice. It is further found by the Additional District Judge that the plaintiff at o......ondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 2004 (Fr......ha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. The defendant with a view to grabbing the entire paternal properties erected the deed of gift No. 3028 dated 02.03.1987, one day the defendant brought a vend......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
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