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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....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. ...... Judgment Md. Ruhul Amin J.- This appeal, by leave, by the pre-emptee against the judgment and order of August 26, 1997 passed by a single Bench of the High Court Division in Civil Revision No. ......ected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre-emptee appellant and the respondent No. 4 collusively described the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transact..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. ...... Mainur Reza Chowdhury CJ.- This Civil Review Petition arises from the judgment of this Division passed in Civil Appeal No. 75 of 1997 allowing the appeal after setting aside the judgment and order passed by the High Court Division in Civil Revision No. 5089 of 1991 (Civil Revision No. 139......herefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......ourt Appellate Division (Civil) Present Mainur Raza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment ..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. ......e-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-part-Respondent Nos. 2-4. Civil Appeal No. 31 of 1998. (From Judgment and order dated 3.12.97 passed by the High Court Division in Civil Rule No. 117(F) of 1993). Jud......hout any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ...... restoring the Rule to its original file and number arising out of F.A.T. No. 176 of 1993 earlier discharged by the High Court Division. 2. The respondent No.1 as plaintiff instituted Money Suit No. 55 of 1987 in the Second Court of Subordinate Judge, Dhaka praying amongst other for..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. ......titioners. Md. Narul Islam, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No......review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mir Kalimuddin, being dead his heirs 1(a) Asia Khatun alias Chamatkar Biby and others................. Petitioners Vs. Mohammad Dhukhi Mondal and others..................Respondents Judgm..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....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. ......te-on-Record-For the respondent No. 3 (In both the appeals) Ex-parte-Respondent Nos. 1-2, 4-6 (in both the appeals) Civil Appeal Nos. 320 & 321 of 2001. (From Judgment and order dated 20.5.1998 passed by the High Court Division in Writ Petition Nos. 4646 and 4648 of 1997...... and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......ce common question of facts and law are involved in both the appeals, these are disposed of by this judgment. 2. The short facts leading to Writ Petition No. 4646 of 1997 are that writ petitioner, who is a Diploma Engineer (Electrical) had joined power Development Board on 9.12.1977 as Su..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....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. ......te (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judgment....... 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......unts that subsequently the bank had to remove the goods to its central godown at 53, Motifjheel Commercial Area, Dhaka; when the plaintiff went to bank's central godown on 29.9.73 to take delivery of one case of goods, he found that three cases are broken. The plaintiff reported the matter to the ba..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
.... in the prescribed form in the collectors office, stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Collector shall a cause notice to be published in the prescribed manner." 6. The learned Advocate has also ...... Farooq, Senior Advocate, Instructed by Aftab Hossain, Advocate-on-record-For Respondent No. 1. Ex-parte- Respondent Nos. 2-8. Civil Appeal No. 46 of 2001. (From Judgment and order dated 26.4.1995 Passed by the High Court Division in Civil Revision No. 914 of 1987). ......uit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ...... defendant No.1 contested the suit by filing a written statement and contended, inter alia, that Gobinda Bairagi had although in passion of the suit land. He was married and dies leaving only one son and heir Bishweshwar Bairagi, who sold the said land to the defendant No.1 by kabala dated ..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. ......der, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-4. Civil Appeal No.151 of 1995. (From judgment and order dated 04.11.1999 passed by the High Court Division in Appeal from Original decree (F.A) Proba......ce. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......ompromise. It is noticed that the appellant herein contested in the probate case in the original Court contending inter alia that the will itself was not genuine and it was a forged and fabricated one created by the respondent No.1. Swarashati Roy. Respondent No.1 and her son Bolai Roy, the resp..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. ......arch 30, 1997 of a Division Bench of the High Court Division passed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19. 2. 1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... (2) of the Code of Civil Procedure and thereupon striking out the name of defendant Nos. 3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for reali..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. ......ey General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondents (In Civil Appeal No. 61 of 1997) Civil Appeal Nos. 60 and 61 of 1997 (From the judgment and order dated 17th February, 1997 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No...... of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......obus and two bales of Indian cloth and lodged First Information Report which was recorded as Dhanmondi P.S. Case No. 61 (6) 84 under Section 156 (4) of the Customs Act. It is the case of the petitioner that thereafter he was transferred to Khulna on 8.7.1984 by the Inspector General of Police wh..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. ......r Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ......he appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......5 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the..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. ......1). Judgment Md. Ruhul Amin J.- This petition for review is directed against the judgment and order date April 16, 2002 dismissing the petition for leave to appeal No.183 of 2001 filed aga......o substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......e Court Appellate Division (Criminal) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Wilfredo M. Resales and another...............Petitioners Vs. The State..............................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 61
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
.... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ......d by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Criminal Appeal No.1 of 1998. (From the judgment and order dated December 10, 1997 passed by the High Court Division in Criminal Miscellaneous Case No. ......o. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ...... effect that Respondent No. 2 shall not be arrested in connection with the Munshiganj P.S. Case No. 18 (10) 97 or "in connection with any other case relating to this matter, further petitioner No. 2 shall not be directed by any authority to keep her in any custody and she is allowed to ..Category: Criminal Law | Date: | Hits: 64
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. ...... Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of 200......bstances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......ng charge against the same appellant under Section 3.4 and 6 of the Explosive Substance Act, 1908. 4. The short facts, leading to the aforesaid appeals, arising out the same facts, are that one Mohammad Abbul Aziz, the Sub-inspector of police of Kotwali Police Station, Jessore, Lodged an ..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. ......on-Record-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142 of ......issed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......1) of the Government Servant (Special Provisions) Ordinance, 1979 which is to the effect: "When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing authority or and person authorized by him in this behalf gen..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......d, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For the Appellants. Not represented- the Respondents. Civil Appeal No. 1 of 1995. (From the judgment and order dated August 2, 1994 passed by the High Court Division in First Appeal No. 717 of 1991). ...... without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purchase in between the period February 1982 and November 1984. 2. Facts, in short, are that one Ahmed Ali said to have been the owner of the land claiming which plaintiffs have filed the..Category: Property Law | Date: | Hits: 24
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. ......ll 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 j......wed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......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 was also a son of Syed Siddique ..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. ......;….Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with ......etition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. .......17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Section 302 of the penal Code and sentenced him hereunder to Suffer ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....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. ...... DLR (SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. Jail petition No. 13 of 2003. (From Judgment and order dated 08.03.2003 passed by the High Court Division in Death Reference No. 2 of 2000 heard alo......Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......inal) Present: Md. Ruhul Amin J Md. Hamidul Haque J Md. Tafazzul Islam J Alaluddin………………………...Petitioner Vs. The State.....................Respondents Judgment October 3..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. ...... held that the suit was not barred by limitation. The High Court Division however on consideration of fact that final decree was passed on the basis of report of the Advocate Commissioner and that order no. 5 dated 8.4.68 of the Execution Case shows that delivery of the possession in the above e......hout any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......inding upon her and also upon the pro forma defendant No. 2 and her interest had not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her father Abd..Category: Procedural Law | Date: | Hits: 87
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