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Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... 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. ...... Reference No. 5 of 2000 heard along with Criminal Appeal Nos. 263, 389 and 579 of 2000) Judgment M. M. Ruhul Amin J.- These two appeals by lave are directed against the judgment and order dated 17.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal Nos......ty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......s registered. During investigation of the case, the Officer-in-charge of Khulna police Station found that in order to get rid of Sonadanga Police Station Case No. 26 dated 26.02.1995 lodged by one Taslimuddin @ Babul for the murder of one Muslim and also to file a counter case, victim Joyna..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....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. ......ated 2.2.1995 passed by the High Court Division in Civil Revision No. 3152 of 1993). Judgment Syed JR Mudassir Husain J.- This is a plaintiff's appeal by leave and it arises out of an order passed on 2.2.1995 in Civil Revision No. 3152 of 1995 making the Rule absolute upon setting a......aid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e aforesaid Title Suit No. 98 of 1993 in the Court of Assistant Judge, Chandpur for a declaration that the judgment and decree passed in Title Appeal No. 127 of 1988 in respect of the property mentioned in 'kha' schedule under the schedule 'ka of the plaint is null and void and not binding upon ..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. ...... 22.9.1997 and the suit was restored by setting aside the ex-parte decree. 4. The plaintiff then filed an application under Order 47, Rule 1 of the Code of Civil Procedure for review of the order passed by the appellate court on 22.9.1997. This application was registered as Misc. Case No.......High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......led under Order 9, Rule 4 of the Code of Civil Procedure, the question of delay did not arise. 7. Dr. Ahmed Ali, who appeared on behalf of the plaintiff respondent has argued that the petitioners were aware of the restoration of the suit after the Misc. Case filed under Order 9, Rule 4 wa..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. ......om Judgment and Order dated 11.8.1997 passed by the High Court Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 f...... the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... 4. The present appellant as defendant contested the said suit by filing written statement denying the material statements made in the plaint and contended, inter alia, that Atul @ Arjun alone acquired the suit land on the basis of oral settlement from Nepal Chandra Paddar and others, i..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....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....... dated 12-2-1993 passed by the High Court Division in Civil Revision No. 1346 of 1993). Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff appellant is from the judgment and order dated 12.2.95 passed by a Single Bench of the High Court Division in Civil Revision No. 1346 o...... II ADC (2005) 136.......) 136...Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e Judgment and Order dated 3rd November, 1999 passed by the High Court Division in Civil Revision No. 377 of 1998). Judgment AM Mahmudur Rahman J.- This appeal by leave is from the judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998. 2. Th......s. Ed. This Case is also Reported in: II ADC (2005) 134. ......s paid on 24.3.1996 and thus the respondent was a defaulter. It was further sated that the appellant required the suit shop for the purpose of business of his eldest son who was unemployed. The petitioner in order to determine the tenancy and for vacating the shop room served notice under section ..Category: Tenancy Law | Date: | Hits: 172
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. ......der dated 25.3.1997 passed by the High Court Division in Writ Petition No. 2330 of 1995). Judgment Md. Hamidul Haque J.— This appeal by leave is directed against the judgment and order dated 25.3.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2......ellant 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, Advocate-on-Record - For the Appellant. ...... filed a grievance petition from the jail on 12.11.94 and subsequently he filed another grievance petition on 3.12.94. The Labour Court dismissed the petition on the ground of limitation. The petitioner then moved the High Court Division under Article 102 of the Constitution and the High Court Di..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. ......tion No. 2122 of 1995) Judgment Muhammad Abdur Rouf J.- This appeal, by leave, has been prepared by M/s Adamjee Jute Mills Limited and its Deputy General Manager from the Judgment and order dated 10-3-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2122......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-on-Record - For the Appellant. Korban...... concerned authority reinstated him on 6.9.77. Again he was terminated from service on 9.3.88 but in view of his representation the same was withdrawn on 12.4.89 subject to the condition that the money he had received on account of termination benefit should be refunded. Accordingly he refunded ..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. ......udge, Arbitration Court, Dhaka, 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 initiate......J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant......s. 60 and 112 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- These are the two appeals by leave from the judgment of the High Court Division in P.M.A. Nos. 60 and 112 of 1995, one counter to the other. By the impugned judgment the High Court Division set aside the award mad..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......e, the co-insurers and to the defendant by various letters. The defendant appointed Asian Surveyors for survey who visited the plaintiff's factory only on 7.12.88. The standby generator went out of order from 2.12.88 and the factory remained completely without power supply up to 5.12.88. The sto......d shall be upon the insured." ...... of the High Court Division allowing the appeal being First Appeal No. 277 of 1994 and setting aside the judgment and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit fo..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... appointing 106 Kanungos instead of implementing the decision of upgrading the post of kanungo to the second clase gazetted post in accordance with the gazette notification dated 10.7.1997. Before publishing the advertisement, Public Service Commission was approached for taking necessary steps f......dgment and Order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1998) Judgment Md. Hamidul Haque J.- This appeal by leave is against the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 3924 of 1998. ......n: II ADC (2005) 87. ......This appeal by leave is against the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 3924 of 1998. 2. The present respondents were the writ petitioners and Rule was issued calling upon the writ respondents to show cause as to why the advertiseme..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......rder dated 13 November 2000 passed by the High Court Division in Writ Petition No. 588 of 2000). Judgment Mainur Reza Chowdhury J.- These appeals are directed against the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 makin...... 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ...... Plot No.3/1, Block-A, Lalmatia Housing Estate to the respondent Nos. 1-7 herein and to remove all obstacles therefrom within 90 days from the judgment. 2. Respondent Nos. 1-7 as writ petitioners moved the High Court Division in Writ Petition No. 588 of 2001 challenging the legality of th..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. 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: II ADC (2005) 80. ......rt Division in Criminal Revision Nos. 88-90 of 1987 and 104 of 1992 respectively.) Judgment MM Ruhul Amin J. - These appeals by leave are directed against the common judgment and order dated 13.08.1995 passed by a Division Bench of the High Court Division in Criminal Revision N......vision in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. 104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal Procedure for qua..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......mpugned judgment. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..........Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh, Advocate-on-Record - For the Appellant. Subrate Chowdhury,......1990). Judgment Mohammad Fazlul Karim J.- This appeal by leave granted by this Court was to consider the points raised: "Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the original owner Kam..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd Order dated 12.11.1998 passed by the High Court Division in Civil Revision No. 2948 of 1992.) Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.29......allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......intiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 and 5 on the other hand is not an exchange deed but an out and out sa..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....Division Bench of the High Court Division in Writ Petition No. 3 of 1988 making the Rule absolute and thereupon making direction to release the property from the 'ka' list of the abandoned property published in the gazette dated June 23, 1986 upon setting aside the judgment and order dated Octob...... 2001 passed by the Appellate Division in Civil Petition for leave to appeal No. 521 of 1996.) Judgment Md. Ruhul Amin J.- The Review petition is by the Government against the judgment and order dated February 27, 2001 in Civil Petition for Leave to Appeal No. 521 of 1996 dismissing the......eview petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ....... Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. Alhaj Shamsul Haque and Others…………………..Respondents Judgment Marc..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......y the High Court Division, Dhaka in Civil Revision No. 569 of 1989). Judgment ATM Afzal J.- This is a plaintiff's appeal by leave and is directed against the judgment and order dated 13th November, 1989 passed by a Division Bench of the High Court Division in revision, ......sts. Ed. This Case is also Reported in: II ADC (2005) 30. ......s such the amendment allowed is not sustainable. Further the learned Subordinate Judge was required to assail (?) reason for passing the impugned order allowing the amendment but he has not done so. Therefore the impugned order of the learned Subordinate Judge cannot stand." ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......ment and Order dated 13.7.1992 passed by the High Court Division in Writ Petition No, 499 of 1987). Judgment Mahmudul Amin Choudhury CJ.- This appeal by leave is against judgment and order dated 13.7.1992 passed by the High Court Division in Writ Petition No. 499 of 1987 maki...... order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......n 3.11.1981. Further case of the respondent is that she has been forcibly evicted by the appellant from the case premises on 20.10.1986 on the plea that the property has been enlisted as Abandoned Property. 3. The present appellant contested the case in the Court of Settlement and as..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......ated 16th March, 2002 passed by the High Court Division in Writ Petition No. 3382 of 2000). Judgment Md. Tafazzul Islam J.- This appeal by leave, is preferred against the judgment and order dated 16.3.2002 passed by the High Court Division in Writ Petition No. 3382 of 2000 making t...... aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......spect of only Goalerchar Union from which the appellant hails the High Court Division erred in not treating the Memo dated 6.6.2000 as an order of restoration of the appointment of the appellant in one Union only under section 4 of the Act. 4. The learned counsel appearing for the respond..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......gh Court Division in Civil Revision No. 1029 of 1998.) Judgment Abu Sayeed Ahammed J.- This appeal by leave, is at the instance of the plaintiff calling in question the judgment and order dated 08.12.1998 of a Single Bench of the High Court Division in Civil Revision No. 1029 of 1......estored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......ted the suit by filing a joint written statement and later on an additional written statement was filed by the defendants, contending, inter alia, that the suit holding was never partitioned among Cherag Ali and his other co-sharers and Cherag Ali never enjoyed the suit plot alone an..Category: Property Law | Date: | Hits: 31
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