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Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....t was prejudiced for any reason. The order of compulsory retirement was set aside only on the ground that it was based upon conviction on a criminal charge in a martial Law Court which is against the principle laid down in Monoranjan Mukharjee's case. Whether that case has been rightly applied will ......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......onoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Involved: B. Hossain, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocat..

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......others……..Appellant Vs. Abdur Razzaque………………………Respondent Judgment November 19, 1996. Lawyers Involved: M. A Tariq, Advocate, instructed by Sharifuddin Chkalader, Advocate-on-Rec..

Category: Employment/Service Law | Date: | Hits: 97

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instruct­ed by Md. Aftab Hossain, Adv..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Referred to: Md. Wahab & ors v. Abdul Kalam & anr. 44 DLR (AD) 13. Lawyers Involved: B. Hossain, Deputy Attorney General (M. Faruque, Dy. Attorney General with..

Category: Procedural Law | Date: | Hits: 87

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. Result: The appeal is allowed. Lawyers Involved: Khandaker Mahabubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chakla..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... Mohammd Abdur Rouf J Bimalendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate..

Category: Administrative Law | Date: | Hits: 105

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ar, Co Operative Society PLD 1962 (SC) 315; Jainal Abedin Vs. Multan Co-Operative Bank Limited, PLD 1966 (SC) 445; S.S. Dhanoa Vs. Municipal Corporation, Delhi and others AIR 1981 (SC) 1359. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury, Advocate, wi..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ......y equated with "continued ill­ness". A person may suffer from continued illness but it does not necessarily mean that he suffers from continued ill-health. According to Webster's New International Dictionary, "health" means, "state of being hale, sound, or whole in b...... Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, A..

Category: Labour and Industrial Law | Date: | Hits: 72

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ...... Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant A..

Category: Property Law | Date: | Hits: 42

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ...... March 4, 1999. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah and ors, 31 DLR (AD) 88; Abdus Samad & ors Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Ch..

Category: Property Law | Date: | Hits: 34

Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)

....ession of the appellants sub-paragraph (2) of paragraph 6 would be of no conse­quence. Lastly, leave was granted to consid­er the submission that the High Court Division misinterpreted the principles of law laid down by the Appellate Division in the cases of Nasiruddin Vs. Govt. of Bangl......ommit any illegali­ty in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ...............Respondent Judgment July 14, 1999. Cases Referred to- Ehteshamuddin Vs. Bangladesh, 33 DLR (AD) 154; Nasiruddin Vs. Govt. of Bangladesh, 32 DLR (AD) 216. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (A.J. Mohammad Ali, Advocate with him) ins..

Category: Property Law | Date: | Hits: 39

Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)

....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... Abdul Sattar Shah Chowdhury and oth­ers.............Respondents (In Civil Appeal No. 80 of 1998) Judgment July 21, 1999. Case Referred to- 43 DLR (AD) 128. Lawyers Involved: M. A. Wahhab Miah, Senior Advocate, instructed by Azra Ali, Advocate-on-Re..

Category: Trust/Waqf Law | Date: | Hits: 226

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....p; Being aggrieved the heirs of defendant No. 1 presented this appeal. 7. Leave was granted to consider whether an attesting witness is bound by the contents of a document so as to suffer from the principle of estoppel and whether the High Court Division was justified in interfering with the conc......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alias Sundarammal and others Vs. Sabapathi Filial and another, AIR 1945 (PC) 82. Lawyers Involved: Jamiruddin Sircar, Senior Advocate (A.J. Mohammad Ali, Advocate with him), inst..

Category: Procedural Law | Date: | Hits: 36

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)

....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, ..

Category: Election Law | Date: | Hits: 282

Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)

....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......p;….Petitioners Vs. The State............................Respondent Judgment August 18, 2008. Case Referred To- Khoka Vs. State 4 BLC (AD) 86. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate..

Category: Criminal Law | Date: | Hits: 47

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

.... house is an abandoned house and in view of the above and on the face of the contents of Annexure D, E and E(1) along with acknowledgement receipts, and, the facts of this case being different, the principle laid  down in 49 DLR(AD) 26 will not be applicable in the present case. Accordingly......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......stry of Works, Bangladesh Secretariat, Dhaka and others.............Respondents. Judgment May 24, 2007. Case referred to- Bangladesh Vs. Md. Jalil 49 DLR (AD) 26. Lawyers Involved: Mohsin Rashid, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record-F..

Category: Property Law | Date: | Hits: 30

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... Vs. K.S. Agha Yaqub Shall and others, 13 DLR (SC) 338; Bangladesh and others Vs. Dhaka Lodge Welfare Society, 40 DLR (AD) 86; Raziul Hasan Vs. Badiuzzaman Khan and others, 16 BLD (AD) 253. Lawyers Involved: Abdul Razzak Khan, Senior Advocate, instructed by Syed Mahbubar Rahman, Ad..

Category: Property Law | Date: | Hits: 34

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......d to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. Lawyers Involved: Zahirul Haque Zahir, Deputy Attorney General, instructed by Md. Sajj..

Category: Criminal Law | Date: | Hits: 58

BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......al rule alterations in the form of procedure are retrospective in character unless there is some contrary provision in the repealing or amending enactment……………..(7) Cases Referred to- Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahabubar Rahman, Advocate-on-Rec..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ip;………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12, 1997. Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Mvi. Wahidullah,..

Category: Property Law | Date: | Hits: 35