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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

.... the disputed document with­out at all considering the reasoning given and findings made by the court of appeal below in that behalf and without reversing such findings and that in view of the principle of law laid down by this Division as to inadmissibility of oral evidence to construe a do......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ...... 7, 2002. Cases Referred to- Feroza Majid Vs. Jiban Bima Corporation reported in 39 DLR (AD) 78; Abdur Rashid Vs. Momtaz Ali Karikar 44 DLR (AD) 270; 36 DLR (AD) 1;51 CWN, 644. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hoss..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ...... Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior, Advocate, instructed by Aftab Hossain,..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......e J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Involved: Md.  Nawab Ali, Advocate-on-Record-For the Appellant. Aftab H..

Category: Procedural Law | Date: | Hits: 94

Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)

.... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......ia Khatun alias Chamatkar Biby and others................. Petitioners Vs. Mohammad Dhukhi Mondal and others..................Respondents Judgment June 16, 2004. Lawyers Involved: S. M. Zillul Hague, Senior Advocate, instructed by Md. Nawab Ali, Advocat..

Category: Property Law | Date: | Hits: 29

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....e rules of natural justice require that along with the sec­ond show cause notice that accused employee should be furnished with the same. Failure to do so will be a failure to comply with the principles of natural justice which will be read into Rules or Regulations".  ......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......y;ers.........Respondents. (In both the appeals) Judgment October 26, 2002. Case Referred To- Md. Torab Ali Vs. Bangladesh Textiles Mills Corporation, 41 DLR 138. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Ad..

Category: Employment/Service Law | Date: | Hits: 89

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....by filling written statement deny­ing the plaint allegations and contended, inter-alia, that there is no cause of action for filling the suit, that the suit is barred by limitation as well as by the principles of waiver, estoppels and acquiescence and that the suit is not main­tainable in its pres......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......J KM Hasan J Md. Fazlul Haque J Janata Bank…………………………….Appellant Vs. Abdus Salam...........................Respondent Judgment January 5, 2003. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Kamrul Huda, Advocate with him) Instructed by..

Category: Civil Law | Date: | Hits: 79

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

..... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ...... Howlader 12 DLR 266; Hurbert James vs Golam Hossain Akeema 1 DLR (PC) 5; Lal Miah vs Hazi Md. Lbrahim 28 DLR (AD) 61;Naimuddin Sarder vs Abul Kalam 39 DLR (AD) 237;3 BLD (AD) 334;9 DLR 467. Lawyers Involved: S.M. Munir, Advocate, instructed by Md. Nawab All, Advocate-on-Record-For..

Category: Property Law | Date: | Hits: 26

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......usain J Abu Sayeed Ahammed J Kanai Lal Roy..................Appellant Vs. Roy Swaraswati and ors................Respondents Judgment August 17, 2002. Lawyers Involved: M. K. Rahman, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on..

Category: Civil Law | Date: | Hits: 114

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

.... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......s...........Respondent Judgment June 28, 2004. Cases Referred To- Bangladesh Railway Vs. M/S Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. Lawyers Involved: Abdur Razzaque Khan, Senior Advocate, instructed by A. K. M. Shahidul Huq..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ...... Appeal No. 61 of 1997) Judgment May 6, 2002. Cases Referred To- Quazi Nazrul Islam Vs. Bangladesh House Building finance Corporation and others 45 DLR (AD) 106. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shaha, Assistant Attor..

Category: Administrative Law | Date: | Hits: 103

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......Islam J Shanti Ranjan Das..................................Appellant Vs. Khalilur Rahman Bhuiyan & others ..........Respondents Judgment July 4, 2004. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoca..

Category: Property Law | Date: | Hits: 31

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......titioners Vs. The State..............................Respondent Judgment February 24, 2003. Cases Referred To- BLD 1995 (HCD) 224; 50 DLR (AD) 108. Lawyers Involved: Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advo..

Category: Criminal Law | Date: | Hits: 61

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... Tariqul Islam................Appellant (In both the appeals) Vs. The State.....................Respondent (In both the appeals) Judgment August 13, 2002. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nowab Ali,..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ...... Bangladesh………………….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahi..

Category: Employment/Service Law | Date: | Hits: 62

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......t Khursheda Jahan alias Mst. Monju Khorsheda........................Appellant Vs. Syada Shafinaz Jahan and others............Respondents Judgment March 24, 2002. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......harp cutting Chheni dhao' and dealt the same on the person of his father indiscriminately and thereafter cut down the head from his body and his father died instantaneously. Deceased's daughter-in-Law, Nazmun Nahar Nahid (Pw.2), while came to resist, the accused tried to run away and took shelte..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....en treated as the First Information Report and not the information made on 25.4.1998 and so the information made on 25.4.1998 should have been kept out of consideration of the Court, in view of the principle laid down in 1 MLR (AD) 248, since admittedly there existed hostile rela­tionship bet......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..

Category: Criminal Law | Date: | Hits: 36

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......pellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. Cases Referred To- 1985 BLD Ad 54; 1986 BLD 173. Lawyers Involved: Abdul Momin Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Procedural Law | Date: | Hits: 87

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....on committed an error of law in holding that the impugned order dated 24.11.93 is arbitrary and discriminatory. He next submits that the High Court Division failed to notice that by no principle of service jurisprudence, a period out of service resulting from voluntary resignation c......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ul Islam and another.................................Appellants Vs. Sheikh Hasanul Huq and others.............................Respondents Judgment May 24, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Employment/Service Law | Date: | Hits: 82

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

.... the petitioner is a public servant and is liable to be tried by the Special Judge. 4. In Criminal Appeal No.17 of 1996 leave was granted to consider the submission that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ...... Shahjahan..............Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..

Category: Criminal Law | Date: | Hits: 40