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Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

....High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......y 13, 1997. Cases Referred to- Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55; Abu Ahmed Abdul Hafiz Vs. MA Haque Sariji 1983 BLD (AD) 532; Sukumar Sen vs. Gpuranga Bejoy Das, BLD 1989 (AD) 162. Lawyers Involved: MM. Hyder Ali, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advoca..

Category: Limitation Law | Date: | Hits: 166

Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)

....l for holding inquiry against the respondent and that subsequent addition of the ground of 'mis­conduct' by a belated amendment on 18-2-86 in the removal order had been done in violation of the principle of natural justice. The learned Single Judge of the High Court Division by the impugned ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......haka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail............................Plaintiff-Respondent Judgment August 22, 1995. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocat..

Category: Employment/Service Law | Date: | Hits: 69

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....view of the discussions made herein-above 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:II ADC (2005) 326. ......view of the discussions made herein-above 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:II ADC (2005) 326. ......Mullah and others...................Appellants Vs. Abdul Karim alias M.A. Karim and others .................Respondents Judgment January 12, 2005. Result: The appeal is allowed. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Neagi, Advocate with him) instructed b..

Category: Property Law | Date: | Hits: 45

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Govt. of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, ..

Category: Tenancy Law | Date: | Hits: 124

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....s held that the posi­tion of law prior to 1929 was that the Court could not deprive the mortgagee of the interest agreed upon till the date fixed for redemption. This decision was based on the principle pro­pounded by the Privy Council in the case previ­ously cited at AIR 1927 (PC) 1...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......the Firm of Pari Bhogilal Amratlal AIR 1963 (Guj) 253; Laxmi Chand Gangaram vs. Brijbhushandas, AIR 1970 (Madhya Pradesh) 34; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; AIR 1940 (FC) 20. Lawyers Involved: A.B.M. Khairul Huq, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-..

Category: Property Law | Date: | Hits: 28

Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)

.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......man J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat ..

Category: Tenancy Law | Date: | Hits: 163

Md. Shamsul Haque Vs. Salenullah and oth­ers, 2003, 32 CLC (AD)

.... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision.  In view of the above, this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ......usain J  Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant  Vs.   Salenullah and oth­ers.......Respondents  Judgment January 4, 2003. Lawyers Involved: M. G. Bhuiyan, Advocate-on-Record - For the Appellant.  Not Represented..

Category: Procedural Law | Date: | Hits: 38

Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......ka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman......................Respondent Judgment April 17, 2001. Lawyers Involved: Moudud Ahmed, Senior Advocate, instruct­ed by Md. Nowab Ali, Advocate-..

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....aintiff from serv­ice has erred in law in setting aside the decision of the appellant and decreeing the suit there­upon. All the findings made by the High Court Division are contrary to the principles of law which are required to be followed in a case like this. 8. Dr. Rafiqur Rahm......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......t Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (M. Imman Ali Advocate with him) instr..

Category: Employment/Service Law | Date: | Hits: 69

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

....ation to hold that the learned Judge of the High Court Division upon taking an erroneous assumption of the real facts wrongly passed the impugned judgment. 10. Moreover, it is a well-settled principle of Hindu Law that a Deity has also right of its own to have a suit instituted or defended...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 1998. Lawyers Involved: Mansur Habib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Re..

Category: Property Law | Date: | Hits: 30

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......ash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..

Category: Procedural Law | Date: | Hits: 63

Hezera Khatun Vs. State, 2001, 30 CLC (AD)

....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidulla..

Category: Criminal Law | Date: | Hits: 42

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

....o substituted and it is for this reason that courts have never con­victed a person simply on the ground that he is unable to explain why the accomplice impli­cates him. 15. Thus the principle of law is that it is not safe to base conviction on the uncorroborated evidence of the ap...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... The State………...Respondents (In both the appeals) Judgment October 30, 2004. Case Referred to- Abdul Qadir Vs. The State 8 DLR (SC) 165. Lawyers Involved: Abdul Malik, Senior Advocate, instructed by A. K. M Shahidul Huq, Advocate..

Category: Criminal Law | Date: | Hits: 45

Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)

....ision No. 3152 of 1993 and the High Court Division by judg­ment and order dated 2.2.1995 set aside the judgment of the learned Assistant Judge hold­ing that the plaintiff's suit was hit by principle of res judicata as the subject matter of the plain­tiff's suit was directly and subst......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ...... Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. Lawyers Involved: Khandker Mahabubuddin Ahmed, Senior Advocate, instructed by Sarifuddin Cha..

Category: Property Law | Date: | Hits: 39

Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)

....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......pellants Vs. Abdul Malik and another............Respondents Judgment July 6, 2003. Case Referred to- Siddique Vs. Yeakuti Begum, 49 DLR (AD) 402. Lawyers Involved: Mahbubey Alam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate..

Category: Civil Law | Date: | Hits: 72

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003. Lawyers Involved: Fazlul Karm, Senior Advocate, Instructed by Md Nawab Ali, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 37

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....der Section 106 of the Transfer of Property Act upon the defendant and acted illegally having entertained the S.C.C suit and that whether learned S.C.C Judge also decreed the suit in violation of the principles of law laid down in the case of Abdus Sattar and others vs. Suresh Chandra Das and others......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......presented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Khan Saifur Rahman, ..

Category: Tenancy Law | Date: | Hits: 154

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ue J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and oth­ers……...Respondents Judgment August 26, 2003. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, ..

Category: Employment/Service Law | Date: | Hits: 81

Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)

....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......nbsp;  Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respondents Judgement August 16, 1998. Lawyers Involved: Sayyid Shahid Hussain, Advocate instruct­ed by Md. Nawab Ali, Advocate..

Category: Labour and Industrial Law | Date: | Hits: 105

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......a, on 23 February 1995 in Arbitration Case No. 38 of 1993 brought by the appellant and dismissed the arbitration case. 2. Briefly stated the facts are these. In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-6......f J Bimalendu Bikash Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossa..

Category: Property Law | Date: | Hits: 28