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S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

..../- and again by letter dated 27.12.1986 the petitioner was rewarded with incentive award of Tk.1,860/-. The petitioner passed the Banking Diploma Examination in 1989 from the institute of Bankers, Bangladesh. 5. In Course of service, being so ordered the petitioner joined as in-charge of ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......rul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2103 of 2008 (From the judgment and order dated 02.07.2008 passed b......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

.... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J K. M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Law, Justice and Parliamentary Affair of ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Md. Abdur Nur, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 2119 of 2008. (From the judgment and order dated 04.12.2007 passed ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..

Category: Civil Law | Date: | Hits: 140

Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)

....im J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Primary and Mass Education Di......red and thus we do not find any illegality  in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......ved: Muhammad Jamiruddin Sarkar, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not repre­sented- the Respondents. Civil Petition for Leave to Appeal No. 1805 of 2008. (From the judgment and order dated 13.07.2008 passed ......red and thus we do not find any illegality  in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..

Category: Administrative Law | Date: | Hits: 243

Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)

....se of the plaintiff is that the plaintiff is a research based manu­facturer from China since long time of the Playing Cards and have been mar­keting the same throughout the world including Bangladesh. One of the popu­lar trade marks of the plaintiff used in Playing Cards failing unde......f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......-For the Petitioners. S.K. Saddique, Advocate, instructed by S.R. Khoshnabish, Advocate-on-Record-For Respondent No.1 Not repre­sented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1552 of 2008. (From the judgment and order dated 24.07.2008 passed ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..

Category: Intellectual Property Law | Date: | Hits: 361

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Saiful Hoque……………………….....Petitioner Vs. Bangladesh House Building Finance Corporation………………..Resp......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......009. Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..

Category: Property Law | Date: | Hits: 53

Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)

....ons made 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: 17 BLT (AD) (2009) 164. ......ons made 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: 17 BLT (AD) (2009) 164. ......sif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of the Court of Munsi......ons made 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: 17 BLT (AD) (2009) 164. ..

Category: Property Law | Date: | Hits: 35

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....orma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugning letter bearing Nos. 23, 40, 04, 01, 23, 2004-219(3) dated 22.04.2004 issued un......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ting the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellan......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..

Category: Criminal Law | Date: | Hits: 64

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

.... (In Civil Petition No.1451 of 2008). Mrs. Masuda Awal and others ......Respondents (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Provi......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......p;    Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008).    Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 pas......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..

Category: Property Law | Date: | Hits: 67

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from India at about 22.30 hours and they apprehended those accused persons and......pon   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) 807. ......ed: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 341 of 2006. (From the judgment and order dated 09.07.2006 passed b......pon   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) 807. ..

Category: Criminal Law | Date: | Hits: 45

Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

....oynul Abedin J Md. Abdul Matin J              Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, B......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) 799. ...... Lawyers Involved: Mohammad Hossain, Advocate, instruct­ed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 474 of 2007. (From the judgment and order dated 05.04.2006 passed b......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) 799. ..

Category: Civil Law | Date: | Hits: 100

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

.... Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sented by its Executive Vice-President Head Office, 49, Dilkush Commer......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......ondent No. 2. Not represented-Respondent No. 1, 3, 5. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Addition Party. Civil petition for leave to Appeal No.1287 of 2008. (From the judgment and order dated 04.06.2008 passed ......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..

Category: Civil Law | Date: | Hits: 109

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

....nt of Police, Khulna and others.........Respondents Judgment         January 23, 2008.   Cases Referred To- Govt. of Bangladesh and others vs. Md. Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: ......re 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) 780. ......rs vs. Md. Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 549 of 2006. (From the judgment and order dated 23.3.2006 passed by......re 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) 780. ..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petiti......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......ssed. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.272 of 2006. (From the judgment and order dated the 24th and 25th of Octo......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

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

.... 44 & 45, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Mukta......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. ......the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ respon­dents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, that the w......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. ..

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

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

.... Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment Apri...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......ppeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..

Category: Constitutional Law | Date: | Hits: 167

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

.... C. A. No. 247-250 of 2005 and 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 D......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. ......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and 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 Sa......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. ..

Category: Civil Law | Date: | Hits: 212

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, Justice & Parliamentary Affairs, Banglad......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:   ......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009.    (From the judgment and order dated 0......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:   ..

Category: Civil Law | Date: | Hits: 88

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....) 69; Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536; Jamna and others V. State of U.P. 1994 Supp (1) SCC 185; State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153; Jamil Huq Vs. Bangladesh, 34 DLR (SC) 125; Balbir Singh and another V. State of Punjab (1995) 1 SCC 90; Joginder ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ...... and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealth of ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..

Category: Criminal Law | Date: | Hits: 310

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

....ing at Bangabhaban. P.W.37 stated that after the incident he at the Studio No.2 of the Radio Station, saw Shahriar, along with other co-accuseds were preparing speech of Khondker Mostaque Ahmed of Bangladesh Radio on 15th August 1975 at 7 a.m. P.W.42  stated that he found Shahriar, Mohiuddin...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..

Category: Criminal Law | Date: | Hits: 274

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

....r,1975 by him/Major Gen. Khaled Mosharaf and inclusion of the Indemnity Ordinance, 1975 in the schedule of 5th Amendment of the Constitution and rehabilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. E...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’  ......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’  ..

Category: Criminal Law | Date: | Hits: 229