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Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......y order as to costs.  Ed. ...... respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit proper­ty. During pendency of the suit a further prayer was made by amendment of the plaint for ......to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ..

Category: Property Law | Date: | Hits: 57

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......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  ......tal issue, decided the title and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and the appel­late Court upon proper appreciation of the evidence, oral and documentary, concur­rently found that plaintiffs a......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ..

Category: Property Law | Date: | Hits: 43

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......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......rs with an officer above the rank of Superintending Engineer as its Chairman. Thereafter, the Arbitrator or the Board Arbitrators was to make an Award after such investigation as he or it might think proper and such Award was final and binding on the parties to the con­tract.  5. The res...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

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)

....discussions 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: 18 BLT (AD) (2010) 486. ......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......discussions 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: 18 BLT (AD) (2010) 486. ......the writ petition i. e. notification dated 23.12.1998. 6. Leave was granted to consider the contention that complain as to seniority being term and condition of service and thus being matter for adjudication within the exclusive jurisdiction of the Administrative Tribunal and the writ peti­tio..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......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:  ......i­cial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a resi­dential house at Mirpur, Dhaka) belonged to the appellant, who took the land by......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ...... is accord­ingly dismissed without any order as to cost.  Ed. ......heirs of Ataul Haque Chowdhury instituted the Rent Case No. 177 of 1961 and purchased 16 annas land of khatian No. 93 in auction in pursuance of the decree of Court and when they proposed to sell the property Munsur Ahmed purchased the land of khatian No. 93 and also khatians Nos. 94,95,96,97 and 99......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......8) 197. ......pos­session in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of 1982 against the Government upon declaration that the suit property is not an abandoned property and declaration of his title to the suit property i.e. land ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ...... 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......on 10 of the said Act has been made applicable by regulation No. 54 of the BADC Service Regulation, 1990 and the High Court Division did not consider the provision of Section  10 of the said Act properly and also did not consider the pro­visions of the Public Servants (Retirement) Act, ......ranted to the writ-peti­tioner by the High Court Division in making direction to the writ-Respondents to pay the LPR benefit etc. is more or less giving sub­stantial part of the reliefs while adjudication of the substantive matter still awaiting.  18.  In the background of t..

Category: Employment/Service Law | Date: | Hits: 109

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......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...... there­by committed error.  5. Mr. A. J. Mohammad  Ali, learned Attorney General appearing on behalf of the State opposes the petition contending, inter alia, that after proper investigation by an Assistant  Superintendent of Police, supplementary charge sheet has ......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 103

State Vs. Mofizuddin and others, 2006, 35 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ......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 ......d permitted by law. The High Court Division has rightly held that the confes­sional statement of accused Mafizuddin is not true and voluntary.  10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 83

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

....d 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 the Constitution for doing complete Justice at such stage of the suit…….(21)  Cases Referred to-&nb...... 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......as to whether the said principles are applicable in the instant case  upon averments in the written statement to that effect and evidence to be led on the plead­ings and thus, it will not be proper at this stage reading the  plaint itself in the absence of any other......ich is being barred by law and has also referred to a decision in the case of 53 DLR (AD) 12 and 51 DLR (AD) 221. Both these decisions referred to are the products of protracted litigations and final adjudication of the suits wherein written statement was filed and the suit have been disposed of on ..

Category: Employment/Service Law | Date: | Hits: 211

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....alked to the contemner-appellant No. 1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the contemner-appellant No. 1 not to waste any further time and to complete all formalities for holding of AGM of the Bank. It is contended that inspite of such repeat......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, ......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 118

Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)

....ons made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed with costs.  Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... 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......ons made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed with costs.  Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......Judge held that the deed dated 14.3.1980 was a forged and fabricated deed. The other contention of the appellant is that at different stages of the case the Respondent No. 1 came with new case for adjudication. This contention also appears to be not correct since in the petition that was filed b..

Category: Procedural Law | Date: | Hits: 111