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Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....ancelling the mutation went beyond the limit of his power and the order so passed by the defendant No.1 was without jurisdiction. The appellate Court further observed "I am of the view that if Government thinks that the lands in question belong to or the same are in actual occupation of Hind......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (...... ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....nying the allegation of settlement as pleaded in the plaint and stated, inter alia, that the suit land was vacant land in possession of the Bhawal Raj Estate, that it was acquired by the Government as excess khas land of Bhawal Raj Estate under the provision of the State Acquisition an......Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh……………..Respondents Judgment June 27, 1977...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh…&helli......esent Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh……………..Respondents Judgment Ju..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....jected to the admission of Exhibit 3 series and also filed two petitions, one against the admission of exhibits and the other for adjourning the hearing of the proceeding to enable him to move the Government for transfer of the case under section 28 of the Local Government Ordinance, 1976. Both ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......Appellate Division (Civil) Present A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Responden..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs ......ed J.R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other&hell...... Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
.... their services were regulated by Dock Workers (Regulation of Employment) Act 1980 and that the law was later replaced by the Dock Workers (Regulation of employment) Scheme 1983 and the Government accorded approval of the pay scale of grade-VI for those posts and that in the 30th meet......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dock Workers Management Board, Post Training Centre, Police Station- Bandar, District-Chittagong and another……………….Petitioners ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... application under order 41 Rule 19. 4. Mr. A. J. Mohammad Ali, learned Attorney General appearing on behalf of the petitioners submits, inter-alia, that the suit property was acquired by the Government vide Gazette Notification dated 2.4.1956 and vested in the defendant No. 1 under sectio...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others ........................ The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ast submission that the Bangladesh Bank is a Statutory Body which can sue and be sued in its own name and its management is vested in the Board of Directors and the Governor is an appointee of the Government and holds office for a fixed term. Therefore, the writ petition is bad for defect of par...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Governor, Bangladesh Bank, Head Office, Dhaka…………..Appellant Vs M. H......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of ......t Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In ...... Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of 1999) Vs Lt......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ts writ jurisdiction. 5. The rule was contested by the writ respondent Nos.1 to 4 filing affidavit-in-opposition denying material averments of the writ petition. It was stated that Government for public purpose and for public interest through Rajdhani Unnoyan Kartipakkah (RAJUK) ...... Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhak...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and othe......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......d without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ription of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the Government may by rule prescribe, with a stamp of such value as the person so taking such inst......ing the plaint of Small Causes Suit No.21 of 1988 under Order III rule 1, Order VI rule 14 and Order VII rule II of the Code of Civil Procedure. 2. Messers Anath Bandhu Guha and Sons Limited, a Bangladeshi Company having its principal office at Mymensingh, through its constituted attorney Md......rted in: 42 DLR (AD) (1990) 244. ......hahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its Attorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……………………..…..Respondent Judgment May ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat & others.....………......Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the elect...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secr..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....ict Judge, Dhaka under Article 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public W......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, represented by its Chairman & others.....…Res......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, represented by its Chairman & others......Category: Property Law | Date: | Hits: 95
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... of 2003 Judgment: Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ng them as trespassers from their respective shops. The District Magistrate on receipt of the said letter of the Administrator of Waqfs started Miscellaneous Case No.28 of 2002 under the provision of Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinan......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed......ed in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....hat the contesting defendants have filed rent receipts Ext. A-A (28) showing payment of rents to these landlords and rent receipts Exts. A (29)-A (49) showing payment of rent for the suit land to the Government Acquired Estate for the suit land and these go to prove their possession. 13. The Hig......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No.......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....fendants' side there was no challenge as to the genuineness of the passport and the entries therein. It may be mentioned Jatindra Mahan Roy visited Bangladesh on the basis of a passport issued by the Government of India on July 26, 1978 and upon referring to the Ext.14 and the entries therein the le......situation in the locality deteriorated he left the area for the time being and could not take care of the property, that defendant Nos. 1 and 2 having no right, title and interest since liberation of Bangladesh occupied the land described in schedule 'B' and when plaintiff asked them to vacate the l......disprove plaintiff’s case. ......Wahidun Nabi and another………………...Appellants Vs Jatindra Mohan Roy and others………...Respondents Judgment August 2, 2004. Cases Referred To- Sheikh Rahmat Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and an..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......tion for the purpose. 2. The plaintiff filed the suit for declaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusive importer of Birla Tyres for Bangladesh on the basis of their appointment letters and contracts/ agreements made with them until......azlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others………………………...Respondents ......fs shall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..............(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and o..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....this appeal shall stand dismissed. Ed. ......ll stand dismissed. Ed. ......missed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....the point is very clear as Rule 9 of the Bangladesh Service provide that "A declaration of age, made by the an applicant for government service at the time of, or of the purpose of entry into Government service shall be deemed to be binding on the person who has made it and no revision of s......................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawye...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang...... Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawyers Involved: S. N. Goswami, Advocate inst..Category: Employment/Service Law | Date: | Hits: 82
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