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Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....nd others.......................Petitioners Vs. Md. Abdur Razzak and others........Respondents Judgment August 19, 2009. Cases Referred To- Ali vs Jainul Abedin Mia 35 DLR (AD) 216; Bangladesh vs AKM Abdul Hye 9 MLR (AD) 82= 56 DLR (AD) 53. Lawyers Involved: Md. Abdul Jabbar,......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..

Category: Tenancy Law | Date: | Hits: 174

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......azzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J A.B.M. Asgar………………………………Appellant Vs. The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respondents......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

.... other…………Respondents (In Civil Appeal Nos. 94-95 of 2005) Judgment August 3, 2009. Result: The appeal is allowed. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. 20 BLD (AD) 278; Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 2......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

....on 30.8.1985 the above suit was decreed on contest with a direction that the respondents are to pay monthly installments of TK. 50,000/- with interest at the rate of 13% to adjust the decreetal dues; Bangladesh Bank, by Circular dated 7.10.1991, directed the banking institutions to exempt interest u...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beauty Engineers Corporation and others…………........ order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

.... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Ramna......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..

Category: Property Law | Date: | Hits: 26

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Government, Bangladesh Secretariat, P.S.-Ramna, Dhaka and others……………..Responde......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the Peopl......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ..

Category: Property Law | Date: | Hits: 23

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ukuri Bibi, Rahela and Daulat Bibi, and being aggrieved there against the defendant respondent No.1 as petitioner preferred Civil Revision No.1760 of 2006 in the High Court Division, Supreme Court of Bangladesh, and a Rule was issued thereon which has been dis­posed of by the impugned judgment and ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....otection of life is more than right to trade and as such the impugned judgment cannot be main­tained. 8. It was further submitted that Article No.18 of the Constitution of the Peoples Republic of Bangladesh clearly empowers the Government to take appropriate meas­ures to save the people of the ......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......ted in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....f the said plot in his favour. 3. In the aforesaid premises the writ peti­tioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present peti­tioners to show cause as to why they should not be directe......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....0) 201.......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......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…......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...

Category: Labour and Industrial Law | Date: | Hits: 110

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....t. Since purchase the respon­dent No.3 had been in possession of the house but in the meantime the property was enlisted in the 'Kha' list of the aban­doned property in Gazette date 22.09.1986 in  Bangladesh Gazette Extra-ordinary published under abandoned building (Supplementary  Provision)  O......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....om India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence of Bangladesh, the marriage ceremony of his daughter, the respondent was solemnized in the said house 0......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

.... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka...... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent ...... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..

Category: Employment/Service Law | Date: | Hits: 67

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

....nish­ing agent is 5% and that the goods were seized illegally without any valid docu­ment and without issuing any seizure list. In the supplementary affidavit the writ petitioner submitted that the Bangladesh Standard Testing Institution, a Government testing organization, on chemical examination ...... High Court 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 (2010) 65. ......) 65. ...... High Court 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 (2010) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 253

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....bills of the PSI Agencies. 4. The writ petitions were filed more or less with the common contentions, that PSI Agencies  were  appointed by the Government to  render service outside Bangladesh and that VAT being levyable for service rendered in Bangladesh hence PSI Agencies are not......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......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.......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)

....ments in spite of objections raised by the defendant Bank and the plaintiff on 24-7-2008 filed an application under Order XXVI, rule 9 of the CPC for audit of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..

Category: Others | Date: | Hits: 94

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... J SK Sinha J Anti-Corruption Commis­sion .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prev...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......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, ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..

Category: Anti-Corruption Laws | Date: | Hits: 186

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... 217. ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....(Civil) 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...........trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......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......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207