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BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....Division 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 Revenu......yeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and another………… Respondents. Order March 12, 2009. Result: The petition is dismi......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 represented by its Chairman, Segunbagicha, Dhaka and another……......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....he High Court Division in second Appeal No. 146 of 1977 dismissing the appeal and affirming thereby the judgment and decree dated 18.9.76 passed by the learned Additional District Judge, 2nd Court, Dhaka allowing Title Appeal 159 of 1974 and reversing thereby the judgment and decree dated 9.7.74......ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No...... ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....d others............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh represented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Chand Mia and others, 44 DLR (AD) 98. Lawyers Involved: Abdul Wadud Bhuiyan......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others................il) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others............Respondents Judgment March 21, 2...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....an and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur a...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam a......Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to-......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....d decree dated 2nd June, 1997, passed by the High Court Division in First Appeal No. 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....o. 1. Not Represented - Respondent No. 2 & 3. Civil Appeal No. 18 of 1996 (From the Judgment and Order dated 3 August 1995 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 52 of 1994). Judgment Bimalendu Bikash Roy Choudhur...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 1997.......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......llant Vs. Md. Majibur Rahman ..................Respondent Judgment: July 15, 2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and another, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers In......II ADC (2005) 408.......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served the Bureau by joining in Dhaka office was not legally entitled to any salary or benefits etc. particularly when he had......me Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and othe......esent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....ench of the High Court Division in Civil Revision No. 896 of 1973 setting aside in part the order of abatement of Title Suit No. 81 of 1968 made by the learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in differe...... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahmed Siddiky............................Respondent Judgment ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ct, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha Rin Adalat, Dhaka in Money Suit No. 214 of 1990 against the appellants for realisation of a sum of Tk. 207,803.......rted in: II ADC (2005) 380. ......late Division (Civil) Present: Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J ACKO Industries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
.... J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Refe...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred t......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others................ Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Moksudur Rahman, Senior Advocate with him), instructed by Mr. Md. Aftab Hossain,Advocate-on- Record - For the Appellant. A.B.M. Khairul Huq, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respo..Category: Administrative Law | Date: | Hits: 124
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....dent Nos. 4-9. Civil Appeal No. 61 of 1995. (From the Judgment and Order dated 11.1.1995 passed by the High Court Division in Civil Revision No. 291 of 1989 (Rangpur) No. 983 of 1991 (Dhaka). Judgment K M Hasan J.- This appeal is by special leave by the purchaser pre-em......nt: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Inv......vision (Civil) Present: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... Civil Appeal No. 100 of 1999. From the Judgment and Order dated February 5, 1997 passed by the High Court Division in Civil Revision No. 59 of 1986 Jessore/Civil Revision No. 6061 of 1991 (Dhaka). Judgment Md. Rhuhul Amin J.- This is an appeal of one of the plaintiffs, by le...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....ten statement and contended, inter alia, that after divorce the plaintiff had driven her away from his house along with two minor sons and thereafter the defendant has been living at Mohammadpur in Dhaka where she has been working as a school teacher and her elder son is admitted in class-1 in t.........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......t Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Dr. Md. Rashidul Islam..........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ice Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superintendent of Polite, Special Police Establishment, Bangladesh Bank Branch, Dhaka, stating, inter alia, that from secret source it was learnt that petitioner No.1 was "ru......lip;………Respondent Judgment April 17, 1983. The Scheduled Offences (Special Tribunal) Order, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses A......in Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb……………………………Appellant Vs. The State………………………&hellip......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....Ranjan Karmaker, Advocate-on-Record—For the Respondent Nos.1 & 2. Civil Appeal No. 6 of 1984. (From the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 of 1980.) Judgment Chowdhury A.T.M. Masud ......ury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants Vs. Jatindra Kishore Malaker and others…………Respondents Judgment December 4, 1984. ......howdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants Vs. Jatindra Kishore Malaker and others…………Respondents Ju...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....truck off vide Court's order dated 20-3-84 —For the Respondent No. 6. Civil Appeal No.151 of 1983. (From the judgment dated 24 November 1981 passed by the High Court Division, Dhaka, in First Appeal No. 86 of 1965.) Judgment Shahabuddin Ahmed J. - In this appe......7 DLR (AD) (1985) 193. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Shafiullah and others .............Appellants Vs. Sultan Ahmed Mir being dead his heirs: Mojibur Rahman Mir and others……&hel......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....he Court, therefore, will not go to deal with such question, namely, that it is void for want of consideration or that was fraudulently obtained. The decision in 8 DLR, 648 clinches the issue. The Dhaka High Court considered the decisions of various High Courts, namely, AIR 1932 Cal. 588. AIR 1...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatun and anr…………………….Respondents Judgment......ent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatun and anr…………………….Re......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....essa Khatun 39,CWN 120; Venkatrawari Vs. Venkata Suffayya 55 Mad. 507; 1919 All. 450 (19), 1924 All; 897(20); observations in 1921 P.C.8 (16);Akamat Ali vs. Abdul Hai (1956) 8 DLR 679=PLD 1957 Dhaka 165. Lawyers Involved: Shafiqur Rahman, Senior Advocate, instructed by M.G. Bhu......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w......Munim CJ Badrul Haider Chowdhury J Shahab uddin Ahmed J Syed Kawsar Ali…………………………….Appellant Vs. Gahar Kazi & ors. ……………………&h......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....id not take any step to comply with, the requirements of law rather he took two more adjournments for hearing of the application and one of the applications was for examining him on commission at Dhaka. In the circumstances the respondent filed another application on 27-3-84 for dismissing the a......ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Caus......eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
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