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Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......J Sree Promad Chandra Barman & others..............Appellants Vs Most. Khodeza Khatun Bewa and others.........Respondents Judgement February 25, 2004. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Adv..

Category: Property Law | Date: | Hits: 37

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....hich the plaintiffs could present their plaint for relief and in that view of the matter the High Court Division allowed the appeal and applying as the High Court Division put it "the age old principle that justice should not only be done but should manifestly and undoubtedly be seen to be ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......ngladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Addition..

Category: Employment/Service Law | Date: | Hits: 76

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ellip;…………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner  Mvi. M..

Category: Property Law | Date: | Hits: 34

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....istry of Finance cancelling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the order of cancellation was malafide and arbitrary and opposed to the principle of natural justice. 3. Facts, in short, are that respondent belongs to B.C.S. (Au......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......l Islam J Government of Bangladesh and others…………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahi..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....nd consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff could reasonably expect that all ot...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......s……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, ..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....ssion by him does not arise. It further appears that the plaintiff could not prove that the defendants were aware of his alleged contract when they purchased the suit land. 11. It is cardinal principle of law that the plaintiff is to prove his case and he must not rely on the weakness or de......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......s heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Adv..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....the final decree passed in Other Class Suit No. 37 of 1987, were upheld up to the Appellate Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7. The learned Counsel for the appellant submits that undisputed ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......k Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa Rani Das and another Vs. A.K.M. Habibur Rahman and others, 13 BLD (AD) 217; Mahbubul Huq vs. Md. A. Kader Munshi and others, 52 DLR, 194. Lawyers involved: Mustafa Neaz Muhammad, Advocate instructed by Abu Siddique, Advocate-on-Re..

Category: Civil Law | Date: | Hits: 122

A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)

....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......………………….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senio..

Category: Property Law | Date: | Hits: 34

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ul Amin J Md. Abu Hanif Mia and others…………Appellants Vs. Kad Banu and others........Respondents Judgement February 17, 2004. Lawyers Involved: Shaheed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-..

Category: Property Law | Date: | Hits: 34

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......td……………..Appellant Vs The Chairman, First Labour Court, Chittagong and Other's.........Respondents Judgement February 29, 2004. Lawyers Involved: Md. Khalilur Rahman, Advocate instructed by Mvi. Md. Wahidullah, Advocate-..

Category: Labour and Industrial Law | Date: | Hits: 131

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......sus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......p;.........Respondents Judgement June 27, 2004. Case 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: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....can not be said that there had been gross negligence on the part of the government in filing the appeal for which the delay of 547 days in preferring the appeal was condoned.' I think the principle laid down in the above cited case law has manner of application in this case. Because the ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader Mondal and others Vs Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 51 DLR(AD) 253; 1 BLC (1996) page 105. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Sajjadul Huq,..

Category: Limitation Law | Date: | Hits: 156

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ...... Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement January 14, 2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Re..

Category: Criminal Law | Date: | Hits: 102

University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......hancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- 3 BLC (AD) 45. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..

Category: Civil Law | Date: | Hits: 97

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ...... April 7, 2003. Cases Referred to- 41 DLR (AD) 1997; Malik Din and another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia and another Vs. Abdul Latif and others, 9 DLR, 357. Lawyers Involved: S. S. Haider, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advoca..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....de by the trial Court on the basis of subsequent conduct of the accused. Mr. Sirajul Huq, learned Advocate, has agreed that the impugned judgment has not been passed keeping in view the correct principles to be followed in a case like this. He has, however, submitted that even if it were don......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... is quite unknown to our criminal jurisprudence and we, therefore, disprove this unwarranted method of administration of justice…………………..(40) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Faisal H Khan, Assistant ..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... R. Mudassir Husain J Abdus Salam alias Md. Abdus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represent..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......others .......Respondents Judgment January10, 2007 Case Referred to- M/s. Railway Men's Stores Ltd. and another vs. Chairman, Labour Court, 30 DLR (SC) (1978) 251. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Faheemul Huq and Ahasanul Karim, Advocate..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......ural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder...................................Respondent Judgment April 21, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz ..

Category: Civil Law | Date: | Hits: 104