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BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

....judg­ment and order of the High Court-Division and other papers on record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the respon­dents being employees of State instrumentality are not governed by the general principle of master and servant and the manage....... ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....C) 830; P Jayappan vs. Sk Perumal: (1994) 149 ITR S96(SC); Tip­top Plastic Industries P Ltd vs 1TQ; (1995) 2H ITR 778 (Madras); Gopal vs. Assistant CIT; (1994) 207 ITR 971 (Madras); MK Gopalan vs. State of Madhya Pradesh, AIR 1954 SC 362 AIR 1948 PC 82 and Md. Iqbal Ahmed vs. Andhra Pradesh, AI......d. Joynul Abedin J  Md. Hassan Ameen J Md. Abdul Matin J   Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku............Respondent Judgm......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....er knowing about the wrong S.A. record in the name of the said defendants in the government, the plaintiffs in the first part of 1973 filed a Misc. Case no. 26 of 1973 under section 143 (A) of the State Acquisition and Tenancy Act which was dis­missed for default on 15-06-1976 due to illness......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......h and others ............Petitioners (In Civil Petition No. 645 of 2001) Vs Md. Ayub Ali and another............Respondents (In Civil Appeal No. 330 of 2003) Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment A..

Category: Property Law | Date: | Hits: 23

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron&hell...... Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment Augu......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)

....46. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..

Category: Criminal Law | Date: | Hits: 24

Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)

.... Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment      ...... Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment   &nb...... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Ratan Khan and others, 2007, 36 CLC (AD)

....sed. Ed. This Case is also Reported in: V ADC (2008) 439. ......preme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 200......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..

Category: Criminal Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....Islam was not therefore aggrieved by the said judgment dated 13.7.2000. 12. After receiving the aforesaid judgment of the Appellate Division passed in Criminal Petition No. 220 of 2000, the State represented by the Deputy Commissioner, Dhaka and the Officer-in-charge, Motijheel Police Sta......mad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka and others........Respondents ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..

Category: Criminal Law | Date: | Hits: 32

Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)

....ce; that the Courts below failed to consider the regis­tered deeds of agreement to reconvey the land Ext-'A' and 'B' and thereby failed to appreciate the legal implication of Section 95 of the State Acquisition and Tenancy Act on the basis of which the defendant's got back their possession i......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007.......d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..

Category: Property Law | Date: | Hits: 19

Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)

.... of Reazuddin Mia, Harmuj Mia and Tazu Mia and that finally the said R.S. khatian was corrected in the background of the judgment passed in a case instituted as per provision of Section 143A of the State Acquisition and Tenancy Act on January 9, 1974, that defendants having failed to purchase th......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Taher Ali being dead his heirs: Anowara Begum and others ...........Petitioners. Vs. Ali Mohammad...........Respondent. Judgment      &nb......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ..

Category: Property Law | Date: | Hits: 22

Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)

.... claimed that they were given pattan and the alleged pattan was obtained by the defendants predeces­sor and others but no documents were pro­duced. He further submits that under Section 144A of the State Acquisition Tenancy Act an entry in the record of right has a presumptive value of its correct......also Reported in: V ADC (2008) 412. ......f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ..

Category: Property Law | Date: | Hits: 21

Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)

....enancy Act seems to be barred by law without considering, the case of the plaintiff-petitioners that the suit land had accreted much before coming into force of Section 87(1) and (2) of the State Acquisition and Tenancy Act which is not retrospective in natun; that the High Court Division......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. ......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..

Category: Property Law | Date: | Hits: 25

Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)

....years before from one Abdur Rahman. After that he token certified copy of the kabalas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case under Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed ......ellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 2007. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..

Category: Property Law | Date: | Hits: 20

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment Augus......). Lawyer Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. SR Khoshnabish, Advocate-on-Record - For the Petitioners Ozair Farooq, Senior Advocate (Abul Kalam Moinuddin, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record—For Respo......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..

Category: Property Law | Date: | Hits: 37

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

....gura, the defendant No.1, contested the suit by filing a written statement contending, inter alia, that the suit land is Beel Class of land which vested to the Government under section 20(2) of the State Acquisition and Tenancy Act 1950, hereinafter referred to as the Act, and the plaintiffs by o......rt Appellate Division (Civil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..

Category: Property Law | Date: | Hits: 28

Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)

....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Khairunnessa........................Petitioner Vs. Syed Mainul Haq and others.................................Respondents Judgment ......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ..

Category: Property Law | Date: | Hits: 33

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ould not prove their title before the Revenue Officer even on 18-4-1969 on the basis of rent receipt exhibits 2, 4 and 5 series and that in Appeal Case No. 2200/6869, filed under section 31 of the State Acquisition and Tenancy Rules, 1955 the appellate Court, after scruti­nising Exhibits 2 a......nt: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J  Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Forest and others……&h......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..

Category: Property Law | Date: | Hits: 31

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ...... (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ed case, in short, are that defendant of the said suit, on the basis of a forged 'Ekrar-nama', filed a Miscellaneous case against the plaintiff before the Revenue Authority under section 95 of the State Acquisition and Tenancy Act and obtained an order for re-conveyance. The plaintiff approached...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, ......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..

Category: Property Law | Date: | Hits: 31

Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)

....   Md. Tafazzul Islam J    Amirul Kabir Chowdhury J Abu Sayed (Saked)………………Petitioner Vs. State..............................Respondent Judgment February 12, 2006. ......J     Md. Tafazzul Islam J    Amirul Kabir Chowdhury J Abu Sayed (Saked)………………Petitioner Vs. State..............................Respondent Judgment February 12, 2......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ..

Category: Criminal Law | Date: | Hits: 99