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Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....yers Involved: SR Pal, Sr. Advocate, with BN Chowdhury, Advocate, instructed by A Rab II, Advocate-on- Record- For the Appellants. Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on- Record-For the Respondents 14. CA 172 of 1979 from CR 942 o......rmance of contract. We find no error in the finding of the learned Judge. The Small Cause Court had no jurisdiction to go into the question of title, except incidentally, vide: Ahmed Shah Khan Vs. Abdul Barkat 11 DLR 427. 5. There. is a clear finding by die learned Judge that the plaintif......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......bsp; Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment Novembe..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, instructe......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
.................. Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers Involved: Abu Nesr Md. Gaziul Haque, Senior Advocate, instructed by Md. Ozair Farooq, Advocate-on- Record -For the App......sent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......bsp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd,..Category: Election Law | Date: | Hits: 136
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....R 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appeals. Ex Parte - Respon......s brothers defendant Nos. 2 and 3; that defendant No. 1 paid rent in his own name and subsequently in the name of the firm; that defendant Nos. 1-3 purchased the share of Muslema Khatun, wife of late Abdul Sobhan and Rahimunnessa daughter of late Abdus Sobhan by registered kabala dated 30.7.80; that......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......spondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instruct..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....etitioner-Appellant [Civil Appeal No. 51 of 1989] Md Nasim on behalf of his father Shawkat Ali Khan ........................ Appellant [Criminal Appeal No. 15 of 1991] Md. Idris Patwary.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] ......l Appeal No. 51 of 1989] Shamsul Hoque Chowdhury, Senior Advocate instructed by Shamsul Hoque Siddique, Advocate-on-Record -For the Appellant. [In Criminal Appeal No. 15 of 1991]. Abdul Wadud Bhuiyan, Additional Attorney General instructed by AW Mallik, Advocate-on- Record- For ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......ry.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ...........Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... 18 of the Ordinance on the ground of default, bonafide requirements and on other clauses mentioned in (a) to (e) of the proviso to sub‑section (I) of section 18 a tenant can be evicted. 12. Mr. Md. Nurul Huq, learned advocate' appearing for the plaintiff-respondent, on a reference to sub‑sec...... This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Aziz .....................................Defendant-Appellant Vs. Abdul Majid………................. Respondent Judgment April 4, 1994. The..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....alehuzzaman, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate -on-Record‑For the Respondent (In Civil Appeal No. 24 of 1992). Abdur Rab Chowdhury, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant (In Civil Appeal No. 82 of 1992). Abdur ......ppellant (In Civil Appeal No. 82 of 1992). Abdur Rab Chowdhury, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 -2 (In Civil Appeal No. 24 of 1992). Md. Abdul Quayum, Advocate (appeared with leave of the court) instructed by Aftab Hossain, Advocate-on-R......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......D) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....7 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General, instructed by MR Khan, Advocate-on-Record (absent) - For the Appellants. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented -Respondent Nos. 2-1......ompensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 27 DL......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Trust of Bangladesh Ltd. and others...............Respondents Judgment Ja..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... Mohammad Golam Rabbani J Mafizuddin and others....................Petitioners Vs. Alauddin and another............Opposite Parties [In Crl. Rev. No. 2053] Md. Sher Ali and ors ........................... Petitioners Vs. State an...... Md. Sher Ali and ors ........................... Petitioners Vs. State and another ............ ............opposite Parties [In Crl. Rev. No. 2054] Md. Abdul Wadud Khan........................Petitioner Vs. Jahiruddin and another ............er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....ition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. (In Civil Appeal No. 20 of 1993). Fazlul ...... represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney‑General, with him)......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) ..Category: Property Law | Date: | Hits: 64
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
.... Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal Nos. 171 of 1979 and......nt effected the repairs of the suit premises at his own cost." The above observation is not warranted by the evidence on record. The landlord's witness PW I Md. Sultan Ahmed alias Abdul Jalil, an agent of the plaintiff, admitted at the trial that the war of liberation practicall......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......sion (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Kalu Mondal ..............Appellant Vs. Begum Fazilatun Nessa..............Respondent Naushad Ali .... Appellant V..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
..................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Md. Aftab Hossain, Advocate-on-Record - For the Respondents 3‑20. Civil Appeal ......Appellants Vs. Jamini Marak and others................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Md. Aftab Hossain, Advocate-on-R......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak and others................Respondents Judgment ..Category: Property Law | Date: | Hits: 61
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: ......ration Vs. Mahbub Hossain Chowdhury 29DLR (SC) 41, Jamil Haq Vs. Bangladesh 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 BLD (AD) 96. 11. We have also heard Mr. Abdul Wadud Bhuiyan, the learned Additional Attorney ‑General, who entered Caveat for the responde...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....blic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the P..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....er...........Appellants (In Civil Appeal No. 47 of 1992) Secretary, Ministry of Communications, Road and Road Transport Division and ors........... Appellants (In Civil Appeal No. 49 of 1992) Md. Abdus Sabur and others .......... ...........Appellants (In Civil Appeal No. 62 of 1992) Md. ...... Road and Road Transport Division and ors........... Appellants (In Civil Appeal No. 49 of 1992) Md. Abdus Sabur and others .......... ...........Appellants (In Civil Appeal No. 62 of 1992) Md. Abdul Wahab and others .........Appellants (In Civil Appeal No. 63 of 1992) SM Abdul Bari and ano......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ts (In Civil Appeal No. 63 of 1992) SM Abdul Bari and another .... .........Appellants (In Civil Appeal No. 76 of 1992) Md. Shahidul Alam ……….Appellant (In Civil Appeal No. 77 of 1992) Vs. Md. Azizur Rahman and Others……Respondents (In Civil Appeal No. 44 & 76 of 1992) Md..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....tafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Advocate-on-Record-For the Appella...... Advocate instructed by Md. Ozair Farooq, Advocate-on-Record-For the Appellant. M Shamsul Alam, Deputy Attorney- General, instructed by AW Mallik, Advocate-on-Record-For the Respondent No. 1. Abdul Malek, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddiqe Advocate-on-Record-......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Abdur Rab Chowdhury, Advoca......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Mannan............ Respondent (In Civil Appeal No. 42 of 1992) Mohammad Abd......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Mannan............ Respondent (In Civil Appeal No. 42 of 1992)..Category: Administrative Law | Date: | Hits: 149
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
.... their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 200......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment M..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....late Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment Apri......s of land out of 28 decimals of the suit plot. 2. Facts, leading to the filing of this petition are that the Suit plot measuring 28 decimals, belonged to Nagar Ali. He died leaving two sons Abdul Gafur and Sayeed Ali and two daughters Rahiman Nessa and Raimun Nessa. Abdul Gafur also died......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... Appellate Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents Judgment February......o.1 Company, hereinafter shortly called the company. The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the Company. Respondent No. 2 Md. Abed Ali purchased 1,875 shares and Abdul Kader, respondent No.3 held 375 shares and Md. Chand Mia, respondent No. 4, held 1,875 shares......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents Judgment ..Category: Business or Commercial Law | Date: | Hits: 86
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