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Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......4-10-2004 passed by the Artha Rin Adalat No.3, Dhaka, in Artha Rin Suit No. 32 of 2004 rejecting the application filed by the defendant-petitioner of fixing up the liabilities of the petitioner in terms of section 47 of the Artha Rin Adalat Ain, 2003 read with section 8(2) (a) (b) and 60(2) &......Rahman, Advocate-on-Record—For Respondent No.3. Not Represented—Respondent Nos. 1-2 & 4-5. Civil Petition for Leave to Appeal No. 516 of 2008. (From the judgment and order dated 8-1 -2008 passed by the High Court Division in Writ Petition No. 6107 of 2004). ..Category: Civil Law | Date: | Hits: 104
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the corÂrect exposition of law and fact on the subject. This appeal is, accordingly, dismissed withÂout any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......not part of the law in this country". In British Airways Board v. Laker Airways Ltd ((1985) A.C. 58). Lord Diplock said, "The interpretation of treaties to which the United Kingdom is a party but the terms of which have not either expressly or by reference been incorporated in English domestic law b.................Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (..Category: Intellectual Property Law | Date: | Hits: 233
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......Sub-Section (1) of the section provides that notwithstanding anything contained in any other law for the time being in force or any rule, regulation, bye law, instrument or contract or in any terms and conditions of service, a public servant shall, on his conviction of a criminal offence un......t ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. Abdur Razzaque………&hell..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......rt Division said that defendant's title to the suit land was clear and that the question of possession was irrelevant. 11. For coming to such conclusions which are evidently contradictory in terms the High Court Division relied upon the sketch map of the defendant and also a revisional set...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respon..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......laintiff then took an appeal there form to the High Court Division which, by the impugned judgment, reversed the decision of the trial court and decreed the suit in part allowing preemption. 5. In terms of the leave granted by this Court the only question involved in the appeal is whether the jud....... ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......e and Appeal) Rules, 1984 whereas the Rules of 1984 in the meanwhile have been repealed and replaced by the Rules of 1985. From the Rules of 1984 and 1985 we find that shoe are practically on similar terms and according to the appellant the respondent was given due opportunity as per the Rules of 19......eme Court Appellate Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammd Abdur Rouf J Bimalendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 3..Category: Administrative Law | Date: | Hits: 105
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......gh Court Division erred in law in construing paragraph 6(2) of M.L.R. No. VII of 1977 holding it to be applicable only in cases of delivery of actual physical possession ignoring the terms "other appropriate means" and thereby acted illegally in rejecting the petitio...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repres..Category: Property Law | Date: | Hits: 39
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......f-exculpatory matter could amount to confession, if the exculpatory statement was of some fact, which if true, could negative the offence alleged to be confessed. A confession must either admit in terms of the offence, or at any rate substantially all the facts which constitute the offence. ......lip;….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. ..Category: Criminal Law | Date: | Hits: 58
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erÂence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... pubÂlished in the Government Gazette by the then Secretary of the then government of Bengal Declaring the suit plots and other plots in the District of Mymensingh and Dhaka as protectÂed forest on terms which have been mutually agreed upon between the Board of Revenue and the Government of Bengal...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, repreÂsented by the Deputy Commissioner, Gazipur & othÂers.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam a..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......t Division. The High Court Division then by judgment dated 2nd June 1997 allowed the appeal and dismissed the suit. Thereafter the plaintiff moved this Division and leave was granted on the following terms: - "Khondaker Mahbubuddin Ahmed learned Counsel for the plaintiff petiÂtioners submits......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ..Category: Tenancy Law | Date: | Hits: 149
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......h and disposed of the Labour Court. 7. On the other hand Mr. Mahbubur Rahman, learned counsel appearing for the writ petitioners-employee-respondents, submits that the non-fulfillment of the terms and conditions by the appellant under the "Golden Handshake Scheme" stipulated in ......, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1 (In all the cases). Not represented - Respondent Nos. 2-5 (In all the cases). Civil Appeal Nos. 65, 66 and 67 of 1997. (From the three separate Judgment and Orders all dated 12th May, 1996 passed..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......this court had the occasion to consider the question of abatement of a suit under President's Order No. 90 of 1972 in a similar case. The prayers in that case were couched in more or less identical terms as in the present case. The plaint of that suit was found to have been hit by president's Or...... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm..Category: Property Law | Date: | Hits: 43
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......sted with the duty of administering the Bank can only execute a decree if the Bank is bound by it." 3. Leave was granted to consider a review of this judgment in the following terms:- "Dr. Kamal Hossain, learned Counsel for the petitioner, submits that the ...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred t..Category: Administrative Law | Date: | Hits: 124
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... got possession, that the land was wrongly recorded in the name of the defendant No. 3 Parichan Bibi and as such Title Suit No. 616 of 1969 was filed and the same was decreed on compromise in terms of the solehnama, that defendant No. 3 earlier filed Title Suit No. 199 of 1962 against the ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re..Category: Property Law | Date: | Hits: 37
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... 22 and 39 filed a compromise petition within 9 days, which is on 7 April 1965, admitting the plaintiffs’ claim and on that compromise petition the suit was decreed that very day in terms of the compromise petition. 3. The appellants filed the present suit for a declaratio......37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......d agreement for sale the decree for Specific Performance of Contract is not tenable in law. 11. The plaintiff then moved this Court and obtained leave to appeal. Leave was granted in the following terms:— "Mr. S.R. Pal learned Counsel for the petitioner contends that one of the defendan......l) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Matin Chowdhury………………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 19..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......not included in the suit land, it is relevant in this case since it was also given in barga by and returned to, Golam Rahman in the same manner. Case of the plaintiffs is that on the expiry of the terms of these Barga-kabuliyats, the bargaders surrendered their respective professions to Golam Ra......7 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......red that judgment namely, Cuming, J referred to section 185 of, the Bengal Tenancy Act in order to press his point that for exclusion of section 14 of the Limitation Act 'express’ language in clear terms within the meaning of section 29(2) shall be necessary. Section 185, B.T. Act specifically pro......€™s pre-occupation was not a sufficient ground for failure to take steps in the proceeding on the date of hearing. Throughout the long course of the proceeding the respondent is found to be negligent and as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to-..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... a fictitious or non-existent land can reasonably show that kabala like Ext. A is invalid for all intents and purposes." Section 28 of the Registration Act is in the following terms: "S.28 Place for registering documents relating to land (1) save as in......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w..Category: Property Law | Date: | Hits: 36
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ikder, the appellant and Mahbubur Rahman Sikder, the respondent this Court allowed Civil Appeal Nos. 63 and 65 without any order as to costs. While allowing appeals the Court inserted the followÂing terms in the judgment- "1. Order of appointment of ReceiÂver by the trial court as affirmed by ...... (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
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