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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. ...... Judgment:                   Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to Appeal No. 495 of 2000 filed by t......esh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......nt: Syed J.R. Mudassir Husain CJ M. A. Aziz J Amirul Kabir Chowdhury J Md. Abdul Mannan Akanda…………………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents ..

Category: Property Law | Date: | Hits: 34

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

....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. ...... 96 of 1998. Judgment:                  Md. Ruhul Amin J.-The appeal, by leave, is against the judgment and order dated August 4, 1997 of the Administrative Appellate Tribunal (AAT) in Appeal No. 87 of 1996 ...... interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......mmittee and came out successfully. By a notification dated 19.6.1994 the President appointed the respondent as Economic Counsellor of the said Embassy. By the order dated 29.6.1994 Government sanctioned to the respondent an amount of Tk. 4, 73,360/- for travelling and other incidental expenses fo..

Category: Administrative Law | Date: | Hits: 123

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

.... his business on the suit property paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspapers and the Government constituted a Valuation Committee. The Valu......;             Mohammad Fazlul Karim J. - This of the appeal by leave at the instance defendant-appellants is directed against the judgment and order dated 26.7.2000 passed the High Court Division discharging the rule against judgment and dec......the appellants. The appeal is dismissed without any order as to costs. Ed. ......also for a further decree that the auction schedule to be held on 31 July 1985 or thereafter was illegal. The case of deceased plaintiff, inter alia, is that he took rent of the suit property from one Md. Amin from January 1968 and had been in occupation of the suit property and carrying on busi..

Category: Property Law | Date: | Hits: 41

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

....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. ...... Judgment:                  M. M. 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. 45......res interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......issed the suit. On appeal being Title Appeal No. 55 of 1984/78 of 1981 the court of Appeal allowed the appeal and decreed the plaintiffs suit. Being aggrieved the defendant preferred the above mentioned Civil Revision and the Rule was discharged as aforesaid. Leave was granted to consider ..

Category: Property Law | Date: | Hits: 32

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

....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. ......                   Md. Ruhul Amin J. - The appeal, by leave, is by the defendant No. 1 against the judgment and order dated January 13, 2002 of a Division Bench of the High Court Division passed in. Civil Revisi......the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......dated January 13, 2002 of a Division Bench of the High Court Division passed in. Civil Revision No. 2385 of 2001 disposing of the rule obtained therein with the observation that the defendant-petitioner shall be at liberty to file a fresh application under Section 11 of the Code of Civil Procedu..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......bsp;                 Md. Ruhul Amin J.-This appeal, by leave, by the defendant has been filed against the judgment and order dated February 27, 1997 of a Single bench of the High Court Division in Civil Revision No. 23...... hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......e same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case No. 4 of 1950-51, that the land in suit measuring .13 acre has been leased out o..

Category: Property Law | Date: | Hits: 32

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. ......bsp;               Amirul Kabir Chowdhury J.-  The petitioner A.N.M. Gaziul Azim seeks leave to appeal against the judgment and order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1......lip;….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senior Advocate with him) instructed by Mohammad...... Karim J A. Aziz J Amirul Kabir Chowdhury J A.N.M. Gaziul Azim………………………………….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement..

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. ......Nawab Estate of Dhaka for 2.09 acres of land. But on 14th Jaishtha, 1359 B.S. the defendants cut and took away Aosh paddy grown by him from the suit land. 7. It appears that the plaintiff in order to prove the case of pattan have produced Exts.7, 7(a),7(b) and the trial court considered t......No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ody and no jama has been fixed in Ext. 7. The court of appeal below on perusal of Exts.7 (a) and 7(b) held that the Ext. 7(b) is not a pattani likhan, but it appears to be a receipt for deposit of money through one Rajab Ali Sikder, for an area of land measuring 2.09 acres of land. The appellate ..

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. ...... Judgment:                   Md. Tafazzul Islam J.-This appeal by way of leave is against the judgment and order dated 27th August, 1996 passed by the High Court Division in Writ Petition No. 3430 of 1992 d......he Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......nged by any of its workers or the Labour Union of the Match Factory, the respondent No. 1; the retrenched workers after receiving retrenchment benefits ceased to be "workers" of the petitioners company and as a result the respondent No.1 lost its entitlement to continue with their regi..

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. ......ischarged the Rule. 13. Leave was granted to consider the contentions that the High Court Division misdirected itself in discharging the Rule in that it was no where found that the impugned order dated 14.12.1991 (Annexure-D to the writ petition) was lawfully passed under proper lawful au......ove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......of 1997. Judgment                    Md. Ruhul Amin J.- This appeal, by leave, is by the writ-petitioner against the judgment dated April 10, 1997 of the High Court Division in Writ Petition No. 3396..

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. ......1998 Judgment:                    Md. Ruhul Amin J: The appeal by leave is against the judgment and order dated March 30, 1997 of a Division Bench of the High Court Division passed in Civil Order No.......g with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......t, Jessore allowing an application filed under Order 1, Rule 10(2) of the Code of Civil Procedure and thereupon striking out the 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 realiz..

Category: Banking Law | Date: | Hits: 129

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

....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: ......ever took pattan of the suit land from the ex-landlord. Taking advantage of the absence of original land Lord, the plaintiff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the suit land. ......ct Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......ed- Respondent Nos. 1-6 & 9-23 Civil Appeal No. 137 of 2003. Judgment: Amirul Kabir Chowdhury J.- The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rangpur was defendant in Other Suit No. 60 of 1981 in the Court of the Subordinate Judge, Rang..

Category: Limitation Law | Date: | Hits: 156

A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......bsp;                Amirul Kabir Chowdhury J.-The petitioner A. Motaleb Howlader seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellane......not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J A. Motaleb Howlader….................................................................Petitioner Vs The State, represented by the Deputy Commissioner, Patuakhali…...Res..

Category: Criminal Law | Date: | Hits: 47

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. ......t                  M. A. Aziz J. - This criminal petition for leave to appeal has arisen out of a judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Criminal Revision No......missioner, Dhaka and another…………… …...Respondents. Judgement January 14, 2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record- For the Petitioner Not represented- Responde......zlul Karim J Md. Tafazzul Islam J M. A. Aziz J Md. Saidur Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…&..

Category: Criminal Law | Date: | Hits: 102

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

.... University opposed the Rule by filing affidavit-in-opposition stating amongst others that as the answer script of the writ-petitioner had already been duly examined and the result had already been published and so the direction sought in the writ petition upon the University is not available to ......the University Calendar does not provide any further examination of the answer script. For that the learned Judges of the High Court Division erred in law in passing an administrative order likely to be passed by the University authority through its functionaries for doing the need...... aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......ent: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J University of Rajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement ..

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. ...... Judgment                  Md. Ruhul Amin J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 135......here is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......it belonged to C.S. recorded tenant Monohar Ghosh and on the death of Monahar Ghosh his interest devolved upon his daughter Charubala who settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he posses..

Category: Property Law | Date: | Hits: 48

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

....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. ......th him) instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. [In Criminal Appeal No. 13 of 1998]. Criminal Appeal Nos. 12 and 13 of 1998. (From the judgment and order dated 9-4-1996 passed by the High Court Division in Criminal Appeal Nos. 193 and 192 of 1994)......rned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......llul Bari of the charge under section 302/34and 201 /34 of the Penal Code. 2. Criminal Appeal No. 13 of 1998 has been preferred by the aforesaid appellant being aggrieved with the above mentioned judgment and order of the  High Court Division passed in the Criminal Appeal no. 192 of 1..

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. ...... Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by the High Court Division in Criminal Revision No.289 of 1999) ......atisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......late Division (Criminal) Present Mainur Reza Chowdhury J K.M. Hasan J Syed J. R. Mudassir Husain J Abdus Salam alias Md. Abdus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, ..

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. ......5, 27, 31, 32, 34, 36, 7, 39, 43-45, 47-53, 57 & 59 (In C. A. No. 320 of 2002)        Civil Appeal Nos. 319-320 of 2002. (From the judgment and order dated 22.6.1999  passed  by   the High Court Division in Writ Petition N......ourt. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......t workers. 8. Mr. Raique-ul-Huq, the learned Counsel for the appellant-company however for the first time conceded that the appellant company was an industrial undertaking and canvassed only one point that the remedy of the respondent workers lay in the enforcement of their demand under se..

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. ...... instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not represented -Respondent Civil Petition for Leave to Appeal No. 1035 of 2002. (From the judgment and order dated 06.03.2002 passed by the High Court Division in Writ Petition No. 5226 of 2000.) ......tition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ...... Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder...................................Respondent ..

Category: Civil Law | Date: | Hits: 104