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

....ted 8-1-2008 passed in Writ Petition No. 6107 of 2004 by the High Court Division discharging the Rule. 2. The Rule arises out of an order dated 4-10-2004 passed by the Artha Rin Adalat No.3, Dhaka, in Artha Rin Suit No. 32 of 2004 rejecting the application filed by the defendant-petitioner......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). ...... Appellate Court (Civil) Present: 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, Ministr......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)

....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…........Respondents (In all the cases)   Chairman, Bang......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...... Md. Noorullah & 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&h......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

State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)

....l certificate her age was 12 years and according to the post mortem report she was 16 years. On the night of 1-11-1997 she was sleeping alone in their hut at Priprekandi village. Her father was in Dhaka and mother went to her father's house. Her elder sister Sehera Begum and her elder brother So......;  Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J    State.....................................Petitioner Vs. Abdul Jalil and others...........Respondents Judgment February 8, 2009.   Lawyer......mad Fazlul Karim J   Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J    State.....................................Petitioner Vs. Abdul Jalil and others...........Respondents Judgment February 8, 2009.&nbs...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..

Category: Criminal Law | Date: | Hits: 38

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

....n is a creature of the said Ordinance and that Rifles Public School and College, being regulated and managed in accordance with the provisions of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulation, 1977 and ......bsp; Md. Abdul Matin J    Md. Abdul Aziz J     Upazila Nirbahi Officer.......................Appellant Vs. ASM Harunar Rashid and others................Respondents Judgment        &nbs...... Md. Tafazzul Islam J   Md. Abdul Matin J    Md. Abdul Aziz J     Upazila Nirbahi Officer.......................Appellant Vs. ASM Harunar Rashid and others................Respondents Judgment   ......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

Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)

....cluding the accused petitioners. 2. The prosecution case, in short, is that the informant-respondent, Sonia Akhter Selina, was residing in a rented house at GP Ga/A Shahajadpur, PS Gulshan, Dhaka since July, 2003 till November, 2003 and meanwhile she became acquainted with accused Mahbub ......hammad Fazlul Karim J    Md. Joynul Abedin J SAN Mominur Rahman J           Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…................ Md. Joynul Abedin J SAN Mominur Rahman J           Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…..........Respondents Judgment   ......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..

Category: Criminal Law | Date: | Hits: 79

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

....ondent Nos.1-3 got their names mutated by paying rents and subsequently respondent No. 5 also mutated his name in government sheristas and he kept the property in mortgage to Jamuna Bank, Dilkusha, Dhaka and took loan which is being invested in his business and, as such, the application for temp...... Md. Tafazzul Islam J     Md. Joynul Abedin J                  Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents ......;   Md. Joynul Abedin J                  Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents Judgment February 2, 200......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

Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)

....e-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......zzaman, Advocate-on-Record—For the Petitioner.  Md. Nawab Ali, Advocate-on-Record—For the Respondent.  Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373......1; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..

Category: Criminal Law | Date: | Hits: 65

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

....e case of the appellant in brief is that the appellant filed an application under section 46 of the Trade Marks Act, 1940 read with Rule 65 made there under before the Register, Trade Marks Registry, Dhaka for rectification of the register removing there from the Trade Mark No.28355 in Class 8 for t.................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 (....... Supreme Court Appellate Division (Civil) Present KM Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Ca......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)

....Affairs arises out of a pro­ceeding under the Administrative Tribunals Act, 1980 (Act No.VII of 1981) and is from judgment and order dated 27.11.1993 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.33 of 1993 upholding those of the Administrative Tribunal, Bogra passed in A.T. C......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......5) 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...

Category: Administrative Law | Date: | Hits: 144

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respon......l) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..

Category: Property Law | Date: | Hits: 36

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

.... 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. Md. Jashim Uddin and another…….....Responden...... 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...... 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. Md. Jashim Uddin and another…….....Respondents Judgment Octo......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

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

.... on Record - For the Respondents  Not Represented - Respondent Nos. 2-6. Civil Appeal No. 51 of 1994. (From the Judgment and Order dated 27 April, 1994 passed by the High Court Division Dhaka in F.A. No. 11 of 1984 (Chittagong) F.A. No. 323 of 1991 (Dhaka). Judgment Bimalendu Bik....... ......Present:  ATM Afzal CJ Mustafa Kamal J Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranjit Sarker and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13,......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....que Khan and others...........Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-opera­tive Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Director and Chairman, National Bank of Pakistan and others Vs. Ataul H......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Res...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Respondents Judgment August 17......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

.... Mustafa Kamal J Mohammad AbdurRouf J Bimalendu Bikash Roy Choudhury J M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred ......Mustafa Kamal J Mohammad AbdurRouf J Bimalendu Bikash Roy Choudhury J M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- ...... Division (Civil) Present: Mustafa Kamal J Mohammad AbdurRouf J Bimalendu Bikash Roy Choudhury J M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ..

Category: Labour and Industrial Law | Date: | Hits: 72

Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)

....instructed by A.K.M. Shahidul Huq, Advocate-on-Record - Respondent No.2 Civil Appeal No. 15 of 1997. (From the Judgment and Order dated June 7, 1994 passed by the High Court Division, Dhaka in Writ Petition No. 802 of 1994). Judgment Mustafa Kamal CJ.- This appeal by l...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repre­s...... Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repre­sented by Secretary, Ministry of Industries and anot......ommit any illegali­ty in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..

Category: Property Law | Date: | Hits: 39

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....i, Advocate-on-Record - Respondent No. 1. Not Represented - Respondent No. 2. Civil Appeal No. 57 of 1994. (From the Judgment and Order dated 10 Match 1994 passed by the High Court Division, Dhaka in Civil Revision No. 814 of 1993). Judgment Bimalendu Bikash Roy Choudhury J.- This is ......efined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alias Sundarammal a......vil) Present:  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Amanatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. ......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..

Category: Procedural Law | Date: | Hits: 36

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....am J Md. Hassan Ameen J Serajul Huq and others.........................Appellants Vs. Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.............Respondents. Judgment May 24, 2007. Case referred......191. ......Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Serajul Huq and others.........................Appellants Vs. Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhak......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..

Category: Property Law | Date: | Hits: 30

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

............Respondents Judgment April 15, 2009. Cases Referred To- Bashir Ahmed and another Vs. K.S. Agha Yaqub Shall and others, 13 DLR (SC) 338; Bangladesh and others Vs. Dhaka Lodge Welfare Society, 40 DLR (AD) 86; Raziul Hasan Vs. Badiuzzaman Khan and others, 16 BLD (......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..

Category: Property Law | Date: | Hits: 34

Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)

.... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. ......Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ra......bdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ratan Kumar Das and others.........................Respondents Judgment Ap......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..

Category: Administrative Law | Date: | Hits: 92

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

....on and torture is alleged. In the instant case the accused respondent was produced before the Magistrate in Naogaon on 24.5.1988 for recording his confession after he was arrested by the police in Dhaka on 16.5.1988. No information is available on record as to how long the accused respondent was......lip;….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. ......l Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J The State……………………. Appellant. Vs. Jahedul Islam @ Moulavi Banu………………&helli......the appellant and others not guilty and accordingly acquitting them of the charge levelled against them. 2. The prosecution case is that P.W.1 Md. Anisur Rahman, father of the deceased A.B.M. Mamunur Rashid alias Mamun lodged the First Information Report(F.I.R.) on 22.12.1987 with Na..

Category: Criminal Law | Date: | Hits: 58