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Chayon Ahmed Chowdhury Vs. Bangladesh Water Development Board, 2007, 36 CLC (AD)

....e discussion made hereinabove we do not find any merit in the petition.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......dent No.6, the Executive Engineer, Central Work shop Division, Tejgaon Industrial Area, Dhaka. The writ petitioner was directed to take back the goods since the said goods were not supplied as per terms and conditions of the tender schedule. 4. It was the case of the writ petitioner that ...... Chowdhury…......Petitioner Vs. Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Commercial Area, Police Station-Motijheel, Dhaka and others….......Respondents Judgment August 5, 2007. Lawyers Involved..

Category: Civil Law | Date: | Hits: 106

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ......tutory corporation to which the Act applies. 3. The case of the petitioner is that he was appointed as Coordination Officer of Adamjee Jute Mills Limited (AJML) on November 5,1979 and as per terms of his appointment letter his service was transferable; that he was transferred to Bangladesh......n J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. Md. Abdur Rashid Miah and another...............Respondents Judgment May 13, 2007. Lawyers Involved:..

Category: Employment/Service Law | Date: | Hits: 61

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ......ly by the writ respondent Nos. 1-3 i.e. father, grand father and grand mother. 3. The High Court Division made the Rule obtained in the aforementioned writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and Mehrab Faraj Huq are bein...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Samudra Ejazul Haque and others………………….Petitioners Vs. Far..

Category: Family Law | Date: | Hits: 171

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ...... out from the Restaurant and Buffet Car of the station and the inter city train respectively. The plaintiff incurred huge monetary loss by the illegal action canceling agreement in violation of its terms and conditions by the defendants. During pendency of this suit, the defen­dants institute...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… Petitioners. Vs. Md. Ferozu..

Category: Civil Law | Date: | Hits: 150

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

....ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......ement of re-conveyance the suit land in favour of the plaintiff and accordingly the plaintiff delivered possession of the suit land in favour of the defen­dant No.1 but he, in violation of the terms and condition of the agreement of recon­veyance, transferred the suit land in favour of t......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol..

Category: Procedural Law | Date: | Hits: 66

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... 1398 B.S. It appears from the information slip Annexure-B that the possession of the fishery was not given for the lease period 1396-1398 B.S. This Court in Writ Petition No.1638 of 1989 in clear terms having found that the appellant did not get possession for the entire years 1392. It directed...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Additional Deputy Commissioner (Revenue) Moulavi Bazar and others ............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited..

Category: Civil Law | Date: | Hits: 101

Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......ely obliga­tory on the part of the Appellate Tribunal to act in accordance with the law declared by the High Court Division. The letters of arti­cle 111 of the Constitution may not apply in terms to the Tribunal but the spirit behind them, we have no hesitation to hold, clearly requires ...... Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and oth­ers..........Respondents Judgment May 21, 1998. Cases Referred t..

Category: Administrative Law | Date: | Hits: 110

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......equired by law to be reduced to the forms of a document. The document itself has to be proved, or where secondary evidence is admissible, second­ary evidence of its contents may be proved. The terms of the document cannot be proved by any other mode of proof. The impugned kabala has been pro...... ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J  Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers In..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......r dated 31-10-87 directed the parties to maintain status quo. On 3-12-87, the trial Court allowed the plaintiffs' prayer for amendment of the plaint after paragraph 4 of the plaint in the following terms, as prayed for:- 3. The trial Court however dismissed the application for temporary in......(Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: ..

Category: Procedural Law | Date: | Hits: 64

MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)

.... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......ained a work order from Roads & Highways Department, Development Division, Naogaon, for the construction of a bridge over the river Atrai on a road. The work was completed in accordance with the terms of the work order and the appellant had to undertake addition­al works. Subsequently the......er. Mahbubey Alam, Additional Attorney General, instructed by A. K. M. Shahidul Haque, Advocate-on-Record - For the Respondent. Civil Appeal No. 131 of 2000 (From the Judgment and Order dated 2.11.1998 passed by the High Court Division in first Miscellaneous Appeal No. 35 of..

Category: Civil Law | Date: | Hits: 98

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... abated but he was relying on the reasoning of the majority judgment which took the view that any rule made under Article 133 can have only prospective effect since it attempts to regu­late the terms and conditions of service of persons appointed by and in the service of the Government of Ban...... M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Secretary, Min..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... Regulation 53 of the Regulations was considered and it has been observed "The question of acceptance or refusal of resignation arises only when the employee gives a notice of resignation, in terms of sub-regulation (1) or (2). Since the petitioner resigned with immediate effect, he had onl......Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J Mohammad Gholam Rabban J Md. Ruhul Amin J Bangladesh Biman Corporation and oth­ers............Appellants Vs. Md. Jusimuddin………&helli..

Category: Employment/Service Law | Date: | Hits: 95

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......ree was interfered with and the suit was dismissed. 7. In revision the learned Single Judge of the High Court Division disposed of the judgment of the lower appellate Court in the following terms:-  "The learned appellate Court as it appears from his judgment witho......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and oth­ers...........Appellants Vs. Shafukuddin Ahmed and others...............R..

Category: Property Law | Date: | Hits: 33

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......ction 409 of the Penal Code and then the learned Sessions Judge, on 24.1.2005, enlarged the respondent No.1 on bail and on 27.2.2005 took cognizance of the case; subsequently it being found that in terms of the 2nd schedule of the Code of Criminal Procedure the above offence under section 409 of...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Nurul Haque Biswas………………..Petitioner Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another…….....Respondents Judgment July17, 2008. Lawyers Inv..

Category: Criminal Law | Date: | Hits: 47

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....n the case of Sarwarjan Bhuiyan and others vs. Government of Bangladesh and others, 44 DLR (HCD)447, the High Court Division, while considering laches on part of the writ petitioner, observed that extraordinary remedy provided in writ jurisdiction is for the vigilant and not for the indolent one......ught immediately after the grievance is caused and accordingly, in the instant case, the petitioner having failed to seek the relief expeditiously, is not entitled to get any relief and further in terms of Article 15 of the Constitution it is a fundamental responsibility of the State to provide ......Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, repre­sented by the ..

Category: Property Law | Date: | Hits: 50

Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)

....there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ......2,12,050/- on the averments the defendant, who is the proprietor of M/S Akand Poultry Complex, on 20.8.1995 took loan of Tk.13,90,000/- for making development of the said poultry complex and as per terms and conditions of the loan the defendant petitioner was required to repay the entire loan wi...... (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Uddin Akand…………………………….... Peti..

Category: Civil Law | Date: | Hits: 95

Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

.... Division upon correct Assess­ment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... yearly fees and without permission of the Government they grabbed .01 ¼ acre of land and for that reason the yearly licence/lease was cancelled by the Government and they also violated the terms and conditions of the licence/lease agreement by erecting structure thereon and also grabbing...... Zahangir, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by the High Court Division in Writ Petition No.1677 of 2003.) ..

Category: Property Law | Date: | Hits: 26

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)

.... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ......1 provided  defendant securities and the defendant Nos. 2 and 3, on 24.1.1984 also executed letters of continuing guarantee for repayment of any outstanding that may be found due; meanwhile in terms of the request of the defendant No. 1 the plaintiff, on 24.7.1985, issued a no objection cer......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J The City Bank Limited……….......................Petitioner Vs M/s. Oscar Fashionwear Ltd. and others……….........Respondents Judgment July 20, 2008. ..

Category: Civil Law | Date: | Hits: 106

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....ert special terms and conditions as postu­lates in sub-section (3) of section 5 of me Act in granting licence were law and order situ­ation or prevalent social condition calls for insertion of such extraordinary terms and conditions. In the absence of special situa­tion relating to matter of exhi......hibit motion picture film. Thereafter on 19th November, 1998 the respondent No. 1 issued the office order permitting the respondent No.2 to exhibit motion picture film in the Capri Cinema Hall on the terms and conditions contain therein. The appellant challenged the legal­ity of the said office ord......Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Syeed Ahammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. ..

Category: Civil Law | Date: | Hits: 128

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......inst the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned tr......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mozharul Islam Chowdhury, Advocate……………Appellant Vs Dilip Kumar Roy and others……………………………R..

Category: Property Law | Date: | Hits: 31