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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. ...... 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. ......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...... 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. ..

Category: Civil Law | Date: | Hits: 98

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

....Rahman J 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) Sec......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. ...... 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......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. ..

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

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

....d in: II ADC (2005) 732. ...... 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. ......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...... 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. ..

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

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

.... 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 Secretary, Ministry of Land Reform and    &......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) 406. ......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 ......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) 406. ..

Category: Property Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....ual­ity buses which he imported while coming from Japan. The respondent No.1 also imported two other high quality buses to carry on transport business in the name of respondent No3 and at that stage Bangladesh Paribahan (Pvt) Ltd. was formed with respondent No. 2 as its Managing Director and on Sur......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs.  Monir Hossain and others………….........Respondents  Judgment August 25, 2008. Lawyers Involved: ......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ..

Category: Business or Commercial Law | Date: | Hits: 142

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

.... J Md. Abdul Matin J Abu Taher & another…………………….......Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Noakhali & others........Respondents ...... 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. ...... 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.) ...... 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. ..

Category: Property Law | Date: | Hits: 26

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....s freedom fighter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the cir­cular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong Cit......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Kazi Abdul Hoque……………………..Petitioner Vs Md. Baharuddin and others ........Respondents Judgment May 15, 2008. Lawyers Involved: ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..

Category: Property Law | Date: | Hits: 28

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

....assured to settle the outstanding bills but took no positive step; then the foreign banks through their lawyer served legal notice demanding payment from the plaintiff bank and ulti­mately the Bangladesh Bank also intervened and then on 27.11.1986, 2.12.1986 and 15.12.1986 the plaintiff made...... 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. ......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. ...... 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. ..

Category: Civil Law | Date: | Hits: 106

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

....n picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respondent No.2 and his late father on taking loan From Bangladesh Shilpa Bank (BSB) in the name of the M/S Capri Cinema Hall (Pvt.) Ltd. They being unable ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......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. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..

Category: Civil Law | Date: | Hits: 128

Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)

....l-half yearly installments. Against the loan securities were given by mortgaged land and building, hypothecation of machineries and the personal guarantees of directors. 3. In the meantime, Bangladesh Bank issued a memo dated 7.10.1991 directing all the banks to allow waiver of 75% of gen......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ...... Md. Ruhul Amin J K.M. Hasan J Sonali Bank……………………………Petitioner Vs. Quaderia Publications and Products Limited and others……………Respondents Judgment ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..

Category: Banking Law | Date: | Hits: 100

Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)

.... Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Humayun Hossain Khan....................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others............Respondents ......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. ......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). ......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. ..

Category: Civil Law | Date: | Hits: 104

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....oorullah & ors….............Petitioners (In Civil Petition No.1320 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Industries Dhaka and others…...........sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......0 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Industries Dhaka and others…........Respondents (In all the cases)   Chairman, Bangladesh......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..

Category: Employment/Service Law | Date: | Hits: 64

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....pondents Judgment          April 22, 2009. Cases Referred To- Mofizul Huq vs Mofizur Rahman 48 DLR (AD) 121 & Noor-e-Alam vs Bangladesh, 60 DLR (AD) 12. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructe......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......bsp; Md. Abdul Matin J    Md. Abdul Aziz J     Upazila Nirbahi Officer.......................Appellant Vs. ASM Harunar Rashid and others................Respondents Judgment        &nbs......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..

Category: Others | Date: | Hits: 270

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....wo separate kabalas. They acquired the property by virtue of oral gift made by their mother, the predecessor who in support of this gift has sworn an affidavit on 30-6-1987 before a Notary Public, Bangladesh. Accordingly, the property was not in ejmali possession nor the petitioners have any tit......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... Md. Tafazzul Islam J     Md. Joynul Abedin J                  Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..

Category: Property Law | Date: | Hits: 22

Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)

....sp;  Mohammad Fazlul Karim J      Md. Tafazzul Islam J    Md. Joynul Abedin J  Md. Abdul Matin J     Bangladesh Bridge Authority & another......... Petitioners Vs. Mukul Kumar Biswas......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......    Md. Joynul Abedin J  Md. Abdul Matin J     Bangladesh Bridge Authority & another......... Petitioners Vs. Mukul Kumar Biswas and others..................Respondents Judgment       &nb......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ..

Category: Labour and Industrial Law | Date: | Hits: 90

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....ner of Police of the metropolis ((1979) Ch 344; R. vs. Immigration Appeal Tribunal ex.p. Ali Ajmal, ((1982) Imm. A.R. 102, C.A.); R. v. Home Secretary ex. p. Brand ((1991) 1 A.C. 696); H.M. Ershad v. Bangladesh and others 7 BLC (AD) 67; Vishaka and others Vs. State of Rajsthan (Writ Petition Nos. 66......ifests the cor­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. .................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 (......ifests the cor­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..

Category: Intellectual Property Law | Date: | Hits: 233

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......vocate-on-Record - For the Appellant. Kazi Shahadat hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record – For the Respondent. Civil Appeal No. 16 of 1994. (From the Judgment and Order dated 15th November 1993 passed by Administrative Appellate Tribunal No. 33 of 1993). J......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

....ppellate Division (Civil) Present 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. ...... 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. ......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...... 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. ..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

.... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Dhaka........Appellant Vs. M......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..

Category: Procedural Law | Date: | Hits: 87

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

....) 579....... 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.......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...... 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...

Category: Administrative Law | Date: | Hits: 105