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Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. ...... A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment ......late Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....nt No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant ......th. Defendant No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22......ismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....dant No.2 as heir of Sarna Kumari and on the basis of the said bainapatra got an ex parte decree. The plaintiff was in possession of the suit properties through tenants and title of the plaintiff - Government to the property in Suit was clouded by the said decree and the sale deed. Hence the sui......J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2, 1999. ......fur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2,......eme Court Appellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....onstitution Challenging the enlistment of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on......Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan............................il) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) Showkat......resent: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....o show cause as to why disciplinary action should not be taken against him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Rules, 1985 (hereinafter called "The Rules&qu......f the Rule before the High Court Division upon writ respondents to show cause as to why the order passed by writ respondent No. 3 dismissing the writ petitioner from service by notice in the Daily Bangladesh Times published on 7.11.1990 (Annexure-G) duly affirmed by the appellate order dated 23.......esent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004......overnment Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ccount of the leave salary was not paid to them. For such dues the Corporation have written to the concerned Ministry for necessary instructions and guidelines, which is under consideration of the Government. The appellant Corporation did never refuse to pay such benefits to the writ petitioners......nt Mohammad Abdur Rouf J.- These three Appeals Civil Appeal Nos. 65, 66 and 67 of 1997 have been preferred, following a common order of granting leave, by the same respondent appellant, Bangladesh Road Transport Corporation, from three separate judgment and order, all dated 12.5.96, p......TM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) ......n Civil Appeal No. 66 of 1997) Judgment May 17, 1998. Lawyers Involved: M. G. M. Abdul Faraj Mollah – For the Respondent (In Civil Appeal No. 67 of 1997). Md. Nurullah, Senior Advocate (Md. Bodruddoza, Advocate with him) instructed by Md. Nowab A..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....any manner with the plaintiff's possession in the wakf properties described in schedule Nos. 1 and II in the plaint. 3. The background of the case is this: On 2 April 1956 the then Government of East Pakistan issued two notifications in respect of each district of the Province, ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records............. Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahmed Siddiky............................Respondent Judgment ......an (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR (AD) 13. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record - For the Appellant. Khandaker Mahbubuddin Ahmed, Senior..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......ficit court fees from the plaintiff decree holder the trial court corrected the decree by its order dated 3.9.96. In the meantime the appellants by Chalan No. 13374 dated 23.5.96 deposited in Bangladesh Bank, Sadarghat Branch Dhaka half of the decretal amount as well as the costs of th......late Division (Civil) Present: Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J ACKO Industries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....ry J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwant Sing......esent: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Ref......l) Present: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. C......) 1836; Province of Sind v. Public at Large PLD 1988 (SC) 138. Lawyers Involved: Barrister Rafique-Ul-Huq, Senior Advocate (Khandker Mahbub Hossain, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant. Mahbubey Alam, Additional Attorney-Genera..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....oard of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior A......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others................ovember 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Moksudur Rahman, Senior Advocate with him), instructed by Mr. Md. Aftab Hossain,Advocate-on- Re..Category: Administrative Law | Date: | Hits: 124
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....e and went to the house of her father in the District of Rangpur taking with her two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Dr. Md. Rashidul Islam..........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17......disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....tion No. 2472 of 1997 and the rule thus obtained was disposed of with the observation "as there is no existence of Rin Shalishi Board on and from 07.06.1992 the same has been abolished by the Government and all activities of the said Board has (sic) been stayed from the date" and there......#2472;ে কন কৃষক জমি বিক্রি করিলে।) he may seek aid of Section 6 of Bangladesh Rin Shalishi Ain, 1989 otherwise the transaction cannot come within the purview of Secti......sion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Akkas Ali Biswas and others............ Appellants Vs. Ashit Kumar Mojumder and others.........Respondents Judgment February...... Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......f Sub-Divisional Magistrate, (Special Magistrate under President's Order No.50 of1972) Moulvi Bazar, Sylhet. 2. On 12th June, 1973 an Inspector of Police, Special Police Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superin&sh......in Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb……………………………Appellant Vs. The State………………………&hellip...... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb…………………&h..Category: Criminal Law | Date: | Hits: 51
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....est of Ahmadullah Dewanji from whom Golam Rahman and others inherited it was annulled under section 37 of the Revenue Sales Act; (d) That the subsequent settlement (Jama-bandi) from the Government in favour of the defendants and others was perfectly lawful and valid; (e) T......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Shafiullah and others .............Appellants Vs. Sultan Ahmed Mir being dead his heirs: Mojibur Rahman Mir and others……&hel......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....for her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she re......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... (1985) 184.......anga, AIR 1919, Cal. 325. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. T.H Khan, Senior Advocate instructed by Md. Aftab Hessian Advocate-on- Record—For the Respondent. Civil Appeal No. 148 of 1983. (Fr..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....ages relating solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item." The Privy Council, therefore......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......Munim CJ Badrul Haider Chowdhury J Shahab uddin Ahmed J Syed Kawsar Ali…………………………….Appellant Vs. Gahar Kazi & ors. ……………………&h......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....ortation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. M...... order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence ......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J The State.......................Appellant Vs. Md. Haroon……………………….Respondent Judgment December 4, 1984. Resul......s Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a......61.......1985) 161.......84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....ee appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partnership registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organizations. The partnership is a family concern and the dispute ......................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh has the p......late Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983......he Court give up even a fraction of this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....nishable under this Ordinance, is a non-cognizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a ......gnizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District...... (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment April 9, ......; Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with Md. Zaker Hossain, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Petit..Category: Criminal Law | Date: | Hits: 59
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