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Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the plaintiffs is from the judgment and order dated 27.7.97, passed by "the High Court Division, in Civil order No. 2929 of 1997 summ...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Danish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998. Lawyers Inv......aintiffs disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Commissioner's Certificate to be a death certificate of defendant No. 1 wro..Category: Procedural Law | Date: | Hits: 96
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.......July, 1993 passed by the High Court Division Dhaka in Civil Revision No. 2199 of 1992) Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defen......d from 1.1.92 to 8.1.92, and that they also failed to show sufficient cause preventing them from appearing in the appeal when it was called on for hearing. Being aggrieved defendant No. 4(ka) - petitioner respondent No. 1 moved the High Court Division in revision, and obtained a Rule in Civil Revisi..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... 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. ......r dated 18-6-92 passed by the High Court Division in Civil Revision No. 7614 of 1991). Judgment Muhammad Abdur Rouf J.- This appeal on leave by the defendants is from the judgment and order dated June 18, 1992 passed by the High Court Division in Civil Revision Case No. 7614 of 1991......Case is also Reported in: II ADC (2005) 334. ......pation was not warranted by any law. Moreover, the concerned authority did not follow the procedure provided in Article 38(4) of the Dhaka University Order, 1973, (there is no relevancy of the mentioned article which is presumed to be wrongly mentioned in place of mentioning Statute 45(4) of the..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......n Civil Revision No. 252 of 1988/123 of 1988). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Single Judge of the High Court Division making .......Appellant Vs. Begum Shamima Naz Siddique and others..............Respondents Judgment December 7, 1998. Lawyers Involved: M. A. Wahab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. M. Nawab Ali, Adv......rding abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one Nurul Islam filed an application for recording abatement of the suit informing that Khairunness..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
.... requisitioned vide L.A. Case No. 91/57-58 with a view to acquire the land permanently for re-habilitation of the distressed people . But the Acquisition Gazette under section 5(7) of the Act was not published for which copy of the same could not be supplied herewith. (b) The Council of Ministers......dgment and Order dated July 16 2001 passed by the High Court Division in Civil Revision No. 232 of 1999) Judgment Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of the High Court Division in Civil Revision No. 232 of 1......ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......abhat chandra Shil the vendor of the defendant Nos. 1 and 2 was a barber and he was a permissive possessor of .10 acre of land under Barada Kanta Chakravarty, that the land in suit was never partitioned by metes and bounds amongst the co-sharers and the plaintiffs are in possession of less quantit..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......ion in F. M. A. No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant Government of Bangladesh and its 4 officials, following leave, is from the judgment and order dated 26.5.97 passed by a Division Bench of the High Court Division disposing of P.M.A. ......Appellants Vs. Jahangir Alam and others..............Respondents Judgment November 18, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney -General, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants Md. Nawab Ali, ......disposal of the suit. 2. Plaintiff respondent No. 1 instituted the suit for declaration simpliciter that the tender notice dated 22.2.97 issued under the signature of the Deputy Commissioner, Netrakona in respect of Khaliajuri Group of Fisheries, mentioned in item Nos. 42 to 55 o..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
.... Sharifuddin Chaklader, learned Advocate-on-Record appearing for plaintiff-respondent Nos. 2 and 3 submits that in view of the policy of the Government notified vide Gazette Notification dated 8.3.95 published by the Ministry of Land, the plaintiffs were entitled to get settlement of unused acquired...... Revision No. 1588 of 1989) Judgment Mohammad Abdur Rouf J.- Defendant Nos. 2-5, the Government of Bangladesh and its three officials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division in Civil Revision No........ 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, Advocate-on-Record - For the petitioner Sharifuddin Chaklader,...... ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the petitioner Sharifuddin Chaklader, Advocate-on-Record - Respondents Nos. 2 & 3 Not Represented - ..Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......s been illegally saddled with an interest at the rate of 18% without any basis or supporting materials and the date from which the interest would accrue. The learned Counsel further contends that the order of maintaining interest @ 18% on account of two final bills for a sum of Tk. 2,24,72,280/- and......ly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......ecree with 18% interest till realization is arbitrary, whimsical, collusive and exorbitant which cannot be sustained. 2. The short fact leading to this petition is that the respondent filed Money Suit No. 1 of 1995 in the 1st Court of Subordinate Judge, Dhaka against the appellant for reali..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... 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. ......of mortgaged property. Interest should also have been allowed on the said sum from the date of the decree till realisation of the same. The High Court Division has failed to properly construe order 34 of the Code of Civil Procedure and has failed to properly construe the facts of the presen......ellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1927(PC) 1; Jaigobind Singh Vs. Lachmi Narain Ram AIR 1940 (......pellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mortgaged property for a preliminary decree for Tk. 14,00,000/- with interest ..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.......d 19.5.1991 passed by the High Court Division, Dhaka in Civil Revision No. 469 of 1985) Judgment Mohammad Abdur Rouf J.- This appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No...... 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 Hossain, Advocate, instructe......endant No. 2 did not contest the suit rather by filing Solenama he compromised the suit with the plaintiff, admitting plaintiff's right, title and possession in the suit land. 4. Defendant No. 1 alone contested the suit contending, inter alia, that the suit was not maintainable as framed and it w..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256........ 1 on 22.4.97 also sent a copy of the above memo dated 21.4.97 to the executing Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execution case and also recalled the process relatin......llants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... 3861 of 1997 whereby the High Court Division refused to accept the apology offered by the appellants by way of filing the above review application. 2. The appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of M..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......The writ petition arose in this way. One Faizuddin Sarker, father of respondent Nos. 3 and 4, was the Mutawalli of Munshi Kudrut Ullah Waqf Estate under E.G. No. 4429 Dinajpur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of ...... p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers Involved: S. M. Zillul H....... (From the Judgment and Order dated 30 August 1993 passed by the High Court Division in Writ Petition No. 1432 of 1993). Judgment Bimalendu Bikash Roy Choudhury J. - This is a writ petitioner's appeal by way of leave from the summary rejection of Writ Petition No. 1432 of on 30 August, ..Category: Trust/Waqf Law | Date: | Hits: 190
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. ...... March, 1992 passed by the High Court Division in Civil Order No. 944 of 1992) Judgment Mohammad Fazlul Karim J. - This appeal by leave is directed against the impugned judgment and order dated March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily......cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at all consider the appellant's contention that the learned Subordinate Judge erroneously held that Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's Bazar was..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. ......and Order dated 12.31.998 passed by the High Court Division in Civil Revision No. 3077 of 1995) Judgment Mofemmad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 12.3.98 of a learned Singled Judge of the High Court Division in Civil Revision No. 307...... This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevant time he was holding the post of executive engineer on promotion in charge of Zone 6 with effect from 14.9.90. Subsequently he was put under suspension consequent to the re..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......al leave, Government of Bangladesh is the appellant and the matter relates to a petition of compromise which was accepted by a Single Judge of the High Court Division (Sylhet Sessions) by a common order dated 29 October, 1987 in Civil Revisions Nos. 2, 5, 6 and 14 of 1984. The appellant's simple......ssees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......against it, the order accepting the compromise is not binding upon it. The appellant-Government has been represented in these appeals by Mr. A.W. Bhuiyan, learned Additional Attorney General, but none has appeared for the respondents. 2. The matter had originated from Title Suit No. 51 of..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....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 Division in F.A. No. 279 of 1993) Judgment Mustafa Kamal J.- This appeal by leave by the employer-defendant, Trading Corporation of Bangladesh, shortly TCB, is from the judgment and order dated 17-11-94 passed by a Division Bench of the High Court Division in F.A. No. 279 of 1993......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………..........owever ended in an acquittal of the accused persons by the 1st Court of Assistant Sessions Judge, Khulna by judgment and order dated 30-3-85. As many as 15 accused persons, the plaintiff not being one of them, were acquitted of the charge under sections 395/397/109 and 414 of the Penal Code. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... 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. ......Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. ......tafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 1998. Lawyers Involv......as & ors........Respondents Judgment July 22, 1998. Lawyers Involved: Mansur Habib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record -..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. ......ssed by the High Court Division in Civil Revision No. 8110 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by the plaintiff, following leave, is directed against an order of remand dated 28 August 1994 made by a single Bench of the High Court Division in Civil Rev............................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin,...... the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the schedule to the plaint. This land originally belonged to one Sarojini Chowdhurani in Khas. It is the case of the plaintiff that between 1331 B.S, and 1332 B..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....property" including plot No. 759 bearing an area of .35 arces in Mouza Madhyer Char and plot No. 132 bearing an area of .69 arces of Mouza Napladi, and that the S.A. Records were wrongly published. Sometime after filing of the said suit the plaintiff amended the plaint by omitting plot......31 of 1994 of the Court of Senior Assistant Judge, Keranigonj which was rejected by the trial Court but allowed in revision by a single Judge of the High Court Division by the impugned judgment and order dated 21 November, 1995. 2. Material facts of the case, briefly, are that on 24.7.94 a...... ATM Afazal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ......................although some of them are common. So this is not a particularly appropriate case in which the prayer for stay of the subsequent suit should succeed. However, having regard to the fact that at least one plot is common in the two suits in respect of which a suit for declaration of title is pending ..Category: Property Law | Date: | Hits: 27
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. ......f Sessions Judge, Sylhet, in Sessions Case no. 12 of 1994 and ultimately one of accused named Abul was convicted and others were acquitted including this appellant Hazera Khatun by the judgment and order dated 30.4.1995. Respondent no. 2 Fatema Khatun, the informant, moved the High Court Divisio......n, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......s: 2. Appellant Hazera Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case no. 12 of 1994 and ultimately one of accused named Abul was convicted and others were acquitted including this appellant Hazera K..Category: Criminal Law | Date: | Hits: 42
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