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....llate Division
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another…...... wherefrom the respondent No. 2 was made to retire from his service, in accordance with law, when he already completed duration of his service and he was paid all the service benefits after legal and proper calculation of the same, for his period of service from the date of his appointment upto the ..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M......p shod manner without noticing that alleged genealogy in the plaint was incomplete as it was to cover a period over a century and that the impugned judgment of the lower appellate Court was not a proper judgment of reversal having regard to the trial court's findings upon consideration of th..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ...... executed by donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase..Category: Property Law | Date: | Hits: 33
....) 65.
......in-opposition and stated that the customs authority did not demand customs duly @ 37.5% but took steps to ascertain the nature and character of the imported goods for the purpose of fixation of proper duty and that the imported goods described as Solvitose DK. is the trade name of the product...
Category: Fiscal/Taxation Law | Date: | Hits: 253
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Abdul Aziz J Md. Nazrul Islam ............................Petitioner Vs National Fans Limited and another…………........Respondents Judgment June 21, 2009. Lawyers Inv......from using the words "BISCIC Tongi" or বিসিক টঙ্গী on the body of the fan or the packages/cartoons of the said fans. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega..Category: Intellectual Property Law | Date: | Hits: 211
....t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd.......ission of the PSI Agency is not sustainable in law since no Rule has been framed in that regard or no SRO has been issued relating to the matter of charging VAT on the service of PSI Agency, that a proper construction of the Second Schedule would show that PSI Agency should be treated as being par..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
....vision (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J MM Hossain J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, ......he disposal of the rule. The writ petitioner is directed to surrender before the Special Judge, Court No.9, Dhaka within 6(six) weeks from date failing which, the learned Special Judge shall take proper steps for the apprehension of the writ petitioner. This petition is disposed of with the a..Category: Anti-Corruption Laws | Date: | Hits: 186
....Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe......ession and notaries.
26. Legal aid to the poor, defence of paupers and undefended accused.
27. Marriage and divorce, infants and minors, adoption, joint family and partition.
28. Transfer of property.
29. Registration.
30. Appointment and terms and conditions of service of Administrat..
Category: Constitutional Law | Date: | Hits: 207
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ported in: 15 MLR (AD) (2010) 17. ...... 25.08.1924 and delivery of possession through court on 22.08.1924. Matang Moyee gave raiyati settlement of the same to one Abdul Gafur Munshi, the predecessor-in-interest of the plaintiff in lieu of proper salami on 12.06.1954 and 15.11.1955 respectively and delivered possession of the suit land to..Category: Property Law | Date: | Hits: 34
....(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......roceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
.... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a reg..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....I ADC (2009)1006. ......failing to appreciate that the lower appellate court being the last court of fact its finding on title and possession was required to be upset by the High Court Division by adverting to and on proper discussion of the material evidence on point which was not done and as such there has been ..Category: Property Law | Date: | Hits: 138
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
.... Reported in:62 DLR (AD) (2010) 239. ...... .18 acre of land left by her husband Mohammad Mia and the plaintiffs 1-4 inherited the remaining .15½ acres of land left by Mohammad Mia. The plaintiffs are in possession of their share in the suit property. Since the suit property has not been partitioned by metes and bounds among the co-sharers,..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
.... Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petit......tion for bail pending hearing of the writ petition. The application was opposed by the learned Counsel appearing for the petitioner on the ground that the writ petitioner did not surrender before the proper court and prayed for a direction upon the writ petitioner to surrender before the Chief Metro..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. Lawyers ......disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the..Category: Civil Law | Date: | Hits: 191
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....7 BLT (AD) (2009) 228. .......11.1980 leaving two sons viz. defendant No.5 and plaintiff No.1, two daughters viz. Nos. 3 and 4 and the wife plaintiff No. 2; During lifetime of Badruzzaman defendant No. 5 looked after the suit property. After death of Badruzzaman plaintiff Nos. 3 and 4 asked for partition of the suit land to..Category: Property Law | Date: | Hits: 92
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
.... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J......sion and also those of the Courts below. 5. An ex parte decree can be set aside under Rule 13 Order 9 of the Code of Civil Procedure if it is found that the notice upon the defendant was not properly served. But in the instant case, it appears that the summons was duly served in the office..Category: Procedural Law | Date: | Hits: 143
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....his Case is also Reported in: ......sion made by the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we ..Category: Criminal Law | Date: | Hits: 101
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
....Mohammad Fazlul Hossain Karim J Md. Joynul Abedin J Md. Mobarak and another....................Petitioners Vs Sk. Ayub Ali and others.......................hether the deed in question is a colourable transaction or not can not be gone into in a pre-emption proceeding. 9. In our view that the High Court Division and the Courts below on proper consideration of the materials on record took a correct view in the matter. 10. In th..Category: Property Law | Date: | Hits: 44
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....ohammad Fazlul Karim J Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut......rmined whether the defendant is a licensee or permissive possessor under the plaintiff, if that is established, the question of limitation will not arise at all because a licensee occupies the property according to the pleasure of the licensor and that occupation does not confer upon t..Category: Property Law | Date: | Hits: 82
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