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Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....in J Md. Abdul Aziz J BK Das J Md. Abul Kashem……...........Petitioner Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment July 26, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate instruct­ed by Mvi. Md. Wahidulla......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......his petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ..

Category: Election Law | Date: | Hits: 116

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ioner Vs. M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repre­sented by its Managing Director …...........Respondent Judgment March 1, 2010. Cases Referred To- Nand Ram Vs. Fakir Chand reported in ILR 7(1885) All 523; Hindustan P......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......dingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....bsp; Md. Abdul Aziz J  The State……………...Petitioner  Vs.  Md. Shahid Bepari @ Shahidullah and others…………....Respondents  Judgment  November 23, 2009.  Result:  The petition for leave to appeal is dismissed.  Lawyers ......nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......ppeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ..

Category: Criminal Law | Date: | Hits: 294

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......etition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..

Category: Intellectual Property Law | Date: | Hits: 273

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....presented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is dis­missed. Lawyers Involved: Mahbubey Alam, At......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ...... at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..

Category: Others | Date: | Hits: 115

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Respondents. Judgment December 14, 2009. Lawyers Involved: Dr. M. Zahir, Senior Advocate Instructed by Sufia Khatun, Advocate-on-......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......cordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..

Category: Property Law | Date: | Hits: 51

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

.... ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Anti-Corruption Commi......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......other remedy is available. â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..(8) Cases Referred To- MS Khawaja vs State, PLD 1965 SC 287=17 DLR SC 153; Md. Shamsuddin @ Lambu vs State, 40 DLR (AD) 69; Jairam Das vs Emperor, AIR 1945 PC 94; Emperor vs Nazir Ahmed, AIR 1945 PC 18; Abdul Quader......2 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..

Category: Anti-Corruption Laws | Date: | Hits: 195

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

.... Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respondent Order July 2, 2008. Result: Leave is granted. Lawyers Involved: Md. Khurshid Alam Khan, Adv....... 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. ......haka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

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

....lul 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 Ali and others vs. Noorjahan Bewa and others, 15 BLD (AD) 82......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. ..............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid Ali and others vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and other, 17 BLD (AD) 295. ......rdingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..

Category: Property Law | Date: | Hits: 37

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... Md. Joynul Abedin J SAN Mominur Rahman J University of Dhaka and others.........Appellants Vs. Md. Jalal Uddin Chowdhury and others………………Respondents Judgment March 17, 2009. The Dhaka University Order, 1973 (President's Order 11 of 1973), Article 52 An appointme...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......nly by a superior committee legally constituted when such appointment is terminated with stigma attached. Case Referred to- Controller of Examinations, University of Dhaka vs. Mahinuddin 44 DLR (AD) 305. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Md. Nawab Ali, A...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

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

.... 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............Appellant (In Civil Appeal No.112 of 2008). Vs. Md. Aft......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. ...... Result: Both the appeals are dismissed. Case Referred to- Dr. Shahdin Malik Vs. Government of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh Vs. Md. Idrisur Rahman and others, BLT (AD) 231 volume-XVII; S.P. Gupta and others Vs. President of India and others, AIR 1982 SC 149. L......hout 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

Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)

....ew the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ......ll judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ......ent: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..

Category: Constitutional Law | Date: | Hits: 228

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....ayeem Mominur Rahman J Majeda Khatun and others…………………………. Appellants. Vs. Jiban Nessa and others……………………………….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......r can however be made to facilitate a party to fill up the lacuna in his case.............................................(13) Cases Referred to- Probodh Ranjan Shome Vs. Md. Easin, 4 BSCR (AD) 457; Sukumar Sen Vs. Gouranga Dey, 42 DLR (AD) 18. Lawyers Involved: A.J. Mohammad A......are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..

Category: Procedural Law | Date: | Hits: 105

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

....nha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petitioner is directed to surrender. The order of stay will continue ti......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. ......€¦â€¦â€¦â€¦â€¦.…(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 (AD) 17. Lawyers Involved: Md. Khurshed Alam Khan, instructed by Mrs. Mahamuda Begum, Advocat......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

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Accused- Petitioners (On Surrender) Vs. The State, represented by the Deputy Commissioner, Khulna……………… Opposition Party. Judgment April 22, 2007. Result: The Appellate Division can entertain applications under section 498 of the ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......rgency Powers Rules, 2007 even with a non-obstinate expression. Cases Referred to- Secretary of State Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (AD) 6; Jafar Ul Ahsan ......resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....ned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judgment May 4, 2003. Result: The appeals are allowed Cases Referred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 44 DLR ......et aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..

Category: Employment/Service Law | Date: | Hits: 118

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

.... Md. Tafazzul Islam J Md Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J Superintendent Engineer, RHD Sylhet & others……….Appellants (In Civil Appeal Nos. 244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......d to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law. Cases Referred To- Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 DLR 515; Bangladesh Power Deve......nal settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212

Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)

....ul Abedin J Md. Abdul Matin J Nurjahan Begum…………………………............Petitioner Vs. Nur Rahman and other ............................Respondents Judgment August 11, 2008. Result: The petition is dismissed. Lawyers Involved: A. J. Mohammad Ali, Senior Ad......ct decision and there 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) 469.......ct decision and there 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) 469....... any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...

Category: Property Law | Date: | Hits: 42

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

....mmad Fazlul Karim J Md. Tafazzul Islam J M/s. Supermax International Private Ltd...............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 Compa......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. ......lis ((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. 666-670 of 1992); Ekushey Tele......y, 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

BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

.... Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue repres......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ...... of the matter the provision of sub-section (2) of the Income Tax Ordinance as amended by the Finance Act, 2000 will be applicable to the pending cases. In this regard reference may be made to 48 DLR (AD) 6, 49 DLR (AD) 116 and 60 DLR (AD) 90. 8. The High Court Division therefore upon correct as...... The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..

Category: Fiscal/Taxation Law | Date: | Hits: 125