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Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

....minal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respondent Order Jul......ion (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respondent O....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

....Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents Judgment March 8, 2009. Lawyers Involved......iminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents Judgment March 8, 2009. L...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..

Category: Others | Date: | Hits: 82

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....ge-in charge of Boalkhali Upazila Court, Chittagong in Miscellaneous Case No.1 of 2004(Preemption). 2. Respondent Nos.1 and another institut­ed the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as w......ate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ..

Category: Property Law | Date: | Hits: 21

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....hat the local people were not aware about the wrong recording of S.A. Khatian. So they could not file any objection; that in 1970 the local people filed a Miscellaneous Case under Section 143A of the State Acquisition and Tenancy Act for correction of the S.A. Khatian in the Court of the Munsif, 3rd...... Appellate Division (Civil) Present: MM Ruhul Amin CJ BK Das J Md. Muammel Hossain J Narendra Chandra Das and another…………….Appellants Vs. Sree Sree Gopal Bigraha and another……….Respondents Judgment July 22,......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

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

....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. ......l 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 others……………Respondents (In Civil Appeal No. 178 of 2002) S. M. Ho......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. ......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)

.... 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. ......ion (Civil) Present: MM Ruhul 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. Beau...... 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. ...... 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)

.... 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....... Appellate Division (Civil) Present: 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, Dh...... 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....... 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)

....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. ...... (Civil) Present: 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 Se......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. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ...... Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment N......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

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

....nks and held as under:- "If the petitioners are allowed to carry on with their business in manufactur­ing and marketing the said products that would substantially contribute to the economy of the State. Such drinks e.g., beers would not be required to be imported by spending valuable for­eign e...... Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Department of Narcotics Control Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. La......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.......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

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

....ion Vs. Henry B. Wright, 1980 Appeal Cases Vol. V (PC) 842; Megh Raj Vs. Ruchand Uttanm Chand, AIR 1946 Lahore, 280 (FB); Mrs. Momtaz Begum Vs. Taxim Officer PLD 1969, Dhaka, 803; A. V. Fernandez Vs. State of Kerala, AIR 1957 SC, 657;Haji Ghulam Zamin and Abul Hossain Vs. A. B. Khondkar and others 1...... 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. and another.......Respondents (In Civil Appeal N......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. ......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

State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....s also Reported in: 15 BLC (AD) (2010) 111. ......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State........................Petitioners Vs. Haque alias Abdul Hoque and others.......Respondent Order February 24, 201...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..

Category: Others | Date: | Hits: 81

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

....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. ......sion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009......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. ......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)

....ice. They have, therefore, a special interest in preserving the integrity and independence of the judicial system and if the integrity or independence of the judiciary is threatened by any act of the State or any public authority, they would naturally be concerned about it, because they are equal pa...... J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008). Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both......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. ......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

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

....Miscellaneous Case No. 47 of 2003 (Pre-emption) by the Joint District Judge, 1st Court, Moulvibazar. 4. The aforesaid miscellaneous case arises out of application filed under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, Moulvibazar, registe...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Chan Miah......................Petitioner. Vs. Md. Dabirul Islam Khan @ Muku Miah & Others....................Respondents. Ju....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

.... (2010) 76; 15 MLR (AD) (2010) 141.  ......upreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The pe...... Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney Gene......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....ailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of the State Acquisition and Tenancy Act and the plaintiff paid rents year to year to the said Mirashdars ......lip;………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Dutta and others….........Respondents (In both the cases) Judgme......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......n J Shah Abu Nayeem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 20......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....an appellate authority, far less pass an interim order in a matter of criminal matter. ……………………….…(10) Cases Referred to- Chand Shah Vs. Crown, 8 DLR (FC) 24, Gul Hassan Vs. State, 21 DLR (SC) 109, Anti-Corruption Commissioner and others Vs. Mahmud Hassan and others 61 DLR ......ent: Md. Tafazzul Islam CJ 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.......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)

....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Islami Bank Bangladesh Ltd. & Ors.........................Petitioner   Vs. Md. Sirajul Islam.....................................Respondent Judgment July 28, 200......er   Vs. Md. Sirajul Islam.....................................Respondent Judgment July 28, 2008. Result: The petition for leave to appeal is dismissed Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record, For the......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ..

Category: Civil Law | Date: | Hits: 109