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Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......enter into disputed title except to the extent that it would help the Court in finding which of the parties have prima facie title and exclusive possession………..(8) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senio..

Category: Property Law | Date: | Hits: 43

Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)

....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ....................Respondents, (in C. P .No. 901 of 2002) Md. Idris Ali & others...............Respondents, (in C. P. No. 902 of 2002) Judgment 12th June 2004 Lawyers Involved: Md. Badruddoza, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Reco..

Category: Employment/Service Law | Date: | Hits: 120

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent Judgment 13th August 2004&nbs......rd stating, inter alia, that in view of the overall resource constraints of the Government and the dispute over the land to be used for the constraints of the flyovers, the Executive Committee of the National Economic Council gave its opinion for non-implementation of the project whereupon the ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... Hashmat Ali Jamadar and others Vs. Asmat Ali Jamadar, 6 DLR 478; Sachindra Lal Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR(AD) 56. Lawyers Involved: Rafique-Ul-Haq, Senior Advocate instructed by Mvi Md. Wahidullah Advocate..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....aka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Uni......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant. Mvi. Md. Wahi..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....h Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having been born in Chittagong on 2.2.1919; that he was educated in Calcut......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......ad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Rec..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......t: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abdul Malek and others.............Appellants. Vs. Faiz Ahmed and other........Respondents Judgment 16th November 2003 Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Santi Ranjan Karmakar, Advocate-o..

Category: Property Law | Date: | Hits: 73

Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)

....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......R. Mudassir Husain J. Sujit Chandra Roy and others...................Petitioners. Vs. Abdur Rouf and another……….......Respondents. Judgment 5th April 2003 Lawyers Involved: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Recor..

Category: Procedural Law | Date: | Hits: 104

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

..... The learned Subordinate Judge dismissed both the suits and the counter claim. 3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986 in Bangladesh Observer for sale of 22 truck chassis on "as is where is' basis. The plaint......ed without any order as to costs. Ed. ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent. Judgment 8th August 2005 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on..

Category: Business or Commercial Law | Date: | Hits: 108

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... others…………………………......... Petitioners. Vs. Mahbub Ali and others....... Respondents. Judgment 2nd January, 2006 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioners M..

Category: Property Law | Date: | Hits: 66

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......passed without jurisdiction. An order passed without jurisdiction has no existence in the eye of law…………………………..(8) Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......the case, while the case is pending for final decision, cannot be given by way of interim relief……………………………(16) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (M. A. Sobhan, Advocate with him..

Category: Employment/Service Law | Date: | Hits: 109

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......r. Vs. The State represented by the Deputy Commissioner, Comilla….......Respondent. Judgment 12 December 2005 Lawyers Involved: Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 103

State Vs. Mofizuddin and others, 2006, 35 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... 2O04. (From the judgment and order dated 15.02.2004 passed by the High Court Division in Death Reference No. 40 of 2001 and Criminal Appeal Nos. 3428 of 2001, 5469 of 2001 and 2093 of 2001.) Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by Ahsan Ullah Patwary, Advo..

Category: Criminal Law | Date: | Hits: 83

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Constitution of Bangladesh, 1972, Article 104 The Code of Civil Procedure 1908 (V of 1908), Order XIV, rul...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... (AD) 221; Mst. Shamim Akhtar Vs. Syed Alam Hussain and others 1975 SCMR 60; Bibhabati Vs. Ramendra Narayan (AIR 1947 PC 19); Federation of Pakistan Vs. Ali Hasan (PLD 1967 SC 249). Lawyers Involved: T.H. Khan, Senior Advocate (Abdus Sobhan, Senior Advocate with him), ..

Category: Employment/Service Law | Date: | Hits: 211

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents. J......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents. Judgment 8 November 2003 Lawyers Involved: Md. Nowab Ali, Advocate-on- Record-For the Petitioner. Not represen..

Category: Procedural Law | Date: | Hits: 133

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......bsp; Anil Ranjan Deb......................Petitioner. Vs. Yoshodalal Amritalal Shaha Banik and others.....................Respondents. Judgment 9 November 2003 Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by A. K. M. Shahidul Huq, ..

Category: Property Law | Date: | Hits: 54

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....ad Fazlul Karim, J.- This appeal at the instance of the contemner-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting t......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ...... Chowdhury J. Hamidul Huque, Managing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents Judgment June 27, 2005 Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advoca..

Category: Business or Commercial Law | Date: | Hits: 118

Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin, J. K. M. Hasan, J. Md. Fazlul Haque, J . Syed Ehsanul Hussain and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Responden......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......n and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Respondent. Judgment April 27, 2003. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. N..

Category: Property Law | Date: | Hits: 110

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....sion (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others…………………�...... Case No.218 of 1991 is set aside and the said case is allowed. It is hereby declared that the order passed-by the Respondent No.2, the Secretary, Internal Resources Division and Ex-Officio Chairman, National Board of Revenue vide Memo No.3(27) admn.-3/76-453 dated 29-7-1991 refusing anti-dated seni......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......�…….Respondents Judgment May 16, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawyers Involved: Nurul Hoque Miah in person- For the Appellant. Fida M. Kamal, Additional A..

Category: Administrative Law | Date: | Hits: 162

Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)

....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......llip;..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents Judgment November 9, 2003. Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Md. Nawab Ali,..

Category: Procedural Law | Date: | Hits: 111

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