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Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
.... the High Court Division upon writ respondents to show cause as to why the order passed by writ respondent No. 3 dismissing the writ petitioner from service by notice in the Daily Bangladesh Times published on 7.11.1990 (Annexure-G) duly affirmed by the appellate order dated 23.7.1998 of the Wri...... service, the High Court Division was wrong in directing refund of all the entitlements and back salaries with other allowances. 2. This appeal is directed against the judgment and order dated 5.8.1999 passed by a Division Bench of the High Court Division in Writ Petition No. 112......on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......ld not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served the Bureau by joining in Dhaka office was not legally entitled to any salary..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......Nos. 1585 of 1994, 1586 of 1984 and 1587 of 1998). Judgment Mohammad Abdur Rouf J.- These three Appeals Civil Appeal Nos. 65, 66 and 67 of 1997 have been preferred, following a common order of granting leave, by the same respondent appellant, Bangladesh Road Transport Corporati...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) Abdul Aziz..........ich arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgment. 2. The case of the writ petitioner-respondents in short is that they were the employees of the appellant, Bangladesh Road Tr..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in respect of the Properties in suit has been prepared and finally published within the meaning of Section 43 of the East Bengal State Acquisition and Tenancy Act, 19......d by the High Court Division in Civil Revision No. 896 of 1973) Judgment Bimalendu Bikash Roy Choudhry J. - This appeal by leave, has been filed by Bangladesh against the judgment and order dated 30 June 1988 of a Single Bench of the High Court Division in Civil Revision No. 896 of ...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury......73. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great grand father of the plaintiff and the other wakf alal-aulad by..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... passed by the High Court Division in F.A.T. No. 177 of 1997). Judgment Mohammad Abdur Rouf J. - The defendant appellants have preferred this appeal have on from the Judgment and order dated 18.7.96 passed by a Division Bench of the High Court Division rejecting the Memo of App......ge Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. Lawyers Involved: Abdul Wahab, Advocate instructed by Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Sharifuddin Chaklad......ited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha Rin Adalat, Dhaka in Money Suit No. 214 of 1990 against the appe..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......tional Attorney-General instructed by AKM Shahidul Huq, Advocate-on-Record - For Respondent No. 1. Not Represented - Respondent Nos. 2-4. Civil Appeal No. 123 of 2000. (From the Judgment and order dated 14-6-2000 passed by the High Court Division in Writ Petition No. 3159 of 2000). Judgm......(2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......2-4. Civil Appeal No. 123 of 2000. (From the Judgment and order dated 14-6-2000 passed by the High Court Division in Writ Petition No. 3159 of 2000). Judgment Latifur Rahman CJ. - I have gone through the judgment of my learned brother A.M. Mahmudur Rahman, J. and the supplement thereto..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......d by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondents. Civil Appeal No. 52 of 1996 (This Appeal arises out of the Review Petition No. 24 of 1995 against the Judgment and order dated 6-4-95 passed by this Division in Civil Petition for Leave to Appeal No. 298 of 1994). ...... Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Moksudur Rahman, Senior Advocate with him), instructed by Mr. Md. Aftab Ho......invoked only by a person in the service of the Republic or in the service of a statutory public authority. In other words, his employer is a necessary party. The officers whom the petitioner made opposite parties in his application may be his appointing authority and appellate author..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ent and Order dated 29th July, 1993 passed by the High Court Division in Civil Revision No. 492 of 1986). Judgment Md. Fazlul Haque J.- This appeal is directed against the judgment and order dated 29th July, 1993 passed by the High Court Division in Civil Revision No. 492 of 1986. ...... Ed. This Case is also Reported in: II ADC (2005) 367. ....... Fazlul Haque J.- This appeal is directed against the judgment and order dated 29th July, 1993 passed by the High Court Division in Civil Revision No. 492 of 1986. 2. The appellant as petitioner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Mis..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted 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: II ADC (2005) 365. ......ell as the appellate court below and the learned Single Judge is in an error of law in not taking into consideration this material point decided by the courts below while reversing the judgment and order. 10. We have considered the submissions of the learned advocate and gone through the ......owed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ...... to the disputed land and structures described in "Kha" schedule in Execution Case No. 9 of 1981 in the Court of the Subordinate Judge, Rangpur. 3. During the pendency of the suit one of the defendants of the aforesaid suit Syed Raisul Hoque who also a son of Syed Siddique Hossa..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......evision No. 59 of 1986 Jessore/Civil Revision No. 6061 of 1991 (Dhaka). Judgment Md. Rhuhul Amin J.- This is an appeal of one of the plaintiffs, by leave, against the judgment and order dated February 5, 1997 of a Single Bench of the High Court Division in Civil Revision No. 59 ......here is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......d February 5, 1997 passed by the High Court Division in Civil Revision No. 59 of 1986 Jessore/Civil Revision No. 6061 of 1991 (Dhaka). Judgment Md. Rhuhul Amin J.- This is an appeal of one of the plaintiffs, by leave, against the judgment and order dated February 5, 1997 of a Si..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ...... Decree dated 14.11.2001 passed by the High Court Division in Civil Revision No. 2519 of 2000). Judgment M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 14.11.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 2......ithout any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ...... No. 100 of 1998 under section 25 of Guardian and Wards Act, 1890 against the defendant for custody of his two minor sons. The plaintiff married the defendant on 14.12.1988 and in the wedlock one son was born on 30.07.1991 and another son was born 31.07.1996. The plaintiff divorced the defe..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......2 passed by the High Court Division in Civil Revision No. 3401 of 1998). Judgment Amirul Kabir Chowdhury J.- This appeal by leave by the defendant is directed against the judgment and order dated 6 March 2002 of a Single Bench of the High Court Division passed in Civil Revision No. ......tant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ct) was not maintainable. The Board after hearing the parties rejected the application filed under Section 6 of the Act whereupon the respondent Nos. 1 to 3 moved the Additional Deputy Commissioner (Revenue) who directed the Board for reviewing the matter and the Board upon accepting th..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... 8. In the result, the appeal is allowed. The impugned judgment of the High Court Division confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......s Case is also Reported in: 37 DLR (AD) (1985) 216. ......n 18 November 1982 in Second Appeal No. 213 of 1976; both these Courts took the concurrent view that plaintiffs' suit is not maintainable as five of them were not parties to the partition suit but one of them was a party. 2. The suit property, as the appellants' case in T.S. No. 93 of 196..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the pre-emptee. Without determining this centr......o Reported in: 37 DLR (AD) (1985) 212. ......ents, Pre-emptors filed two proceedings, Miscellaneous Cases Nos. 250 of 1974 and 12 of 1975 in the Court of Munsif, Brahmanbaria, claiming pre-emption of two lands which were sold by two kabalas, one dated 18 December 1973 (Ext. A4) and the other dated 19 December 1973 (Ext. A3). These two piec..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......t Division, Comilla Bench, in Criminal Revision No. 608 of 1978.) Judgment Chowdhury ATM Masud J.—This appeal by special leave granted by this Court is against the judgment and order dated 8.9.82 passed by a Division Bench of the High Court Division, Comilla Bench, refusing ......der No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ...... application to the Additional Superintendent of Polite, Special Police Establishment, Bangladesh Bank Branch, Dhaka, stating, inter alia, that from secret source it was learnt that petitioner No.1 was "running currency racketeering business by receiving money illegally t..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......ly admitted sale of the suit land by them to the plaintiff. 6. In the meantime liberation war started and the defendants left for India and after liberation when they came back, the plaintiff in order to regularise the transaction demanded kabala but the defendants delayed the execution of th...... (1985) 205, 1985 BLD (AD) 172.......lands to the plaintiff. It was agreed upon between the parties that the sale deed would be executed and registered by the defendants after correction of record of right. The baina patra was kept with one Saradah Charan Deb, a clerk of the local Court who was the mediator of the transaction. 4. Th..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......vocate-on-Record—For the Appellants. Santi Ranjan Karmaker, Advocate-on-Record—For the Respondent Nos.1 & 2. Civil Appeal No. 6 of 1984. (From the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 ......rt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, 34 to 48 and 50 to 53. Exempted from filing substitution application vide Court's order dated 7-8-84—For the Respondent Nos. 19. 33 & 49 is dead. Struck off vide C......s Case is also Reported in: 37 DLR (AD) (1985) 193. ......of the Comilla Collcctorate. At a later stage the Touzi was renumbered, because of an arrangement between the co-sharers landlords, as Touzi No.3414. Plaintiffs are the heirs of Golam Rahman, one of the three sons of the Howlader, Ahmadullah Dewanji. Golam Rahman purchased the entire raiyat..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......ith the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity. This section provides for a suit if the Registrar refuses to order a document to be registered…………..(5 and 6) The questions ...... in: 37 DLR (AD) (1985) 190. ......tion of the deed in their written statement but their case was that the L.T.Is of defendant No.1 were obtained on blank stamp papers for causing mutation of the Heba land. It may be mentioned that the defendant No.1, Gulshan Bibi gifted away the suit land to her sons by a deed of heba ..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......er proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceedings is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the Dist......er as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......ndly, in case the revisional application filed under section 15 C.P C. as disposed of by the High Court Division is treated as a revision under section 32 (3) of the Waqf Ordinance, whether the petitioner who is now respondent before, us is entitled, under section 14 of the Limitation Act, to excl..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... passed by the High Court Division in Second Appeal No.161 of 1977). Judgment Badrul Haider Chowdhury J.— This appeal by special leave is directed against the judgment and order of the High Court Division passed in Second Appeal No.161 of 1977. 2. The appellant as......Case is also Reported in: 37 DLR (AD) (1985) 177. ......n title and permanent injunction restraining defendants Nos.1 and 2, respondents, from entering into the suit land comprising plot No. 1071 and 1072. 3. The suit land originally belonged to one Makhan Bala Bashu who sold the same to defendant No.1, Gahar Kazi by a registered sale deed dat..Category: Property Law | Date: | Hits: 36
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