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S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)

....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......sent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To-......vision (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3,......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ..

Category: Election Law | Date: | Hits: 98

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

....Court of Subordinate Judge (Arbitration), in Title Appeal No. 730 of 1999 allowing the same upon reversing the judgment and decree dated August 31, 1999 of the 4th Court of Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the p......n: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Director and Secretary Ministry of Establishment Board of Trustees and others................ Appellants Vs. Md. Hossain and others..............Respondents Judgment July 2, 2006. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..

Category: Employment/Service Law | Date: | Hits: 82

Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)

.... Md.Tafazzul Islam J Md. Abdul Matin J Liberty Food Company Limited, a Private Limited Company, 5, WAPDA Building, Motijheel Commercial Area, Police Station-Motijheel, District-Dhaka……………Petitioner Vs. Bombay Sweets and Company ......, a Private Limited Company, 5, WAPDA Building, Motijheel Commercial Area, Police Station-Motijheel, District-Dhaka……………Petitioner Vs. Bombay Sweets and Company Limited, a Private Limited Company, 160, Motijheel Commercial Area, Police Station-Mot......erty Food Company Limited, a Private Limited Company, 5, WAPDA Building, Motijheel Commercial Area, Police Station-Motijheel, District-Dhaka……………Petitioner Vs. Bombay Sweets and Company Limited, a Private Limited Company, 160, Motijheel Commercial ......t up and wrapper and Registrar shall be at liber­ty to consider the prayer for the peti­tioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..

Category: Intellectual Property Law | Date: | Hits: 306

Md. Hossain Zakir Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (AD)

.... J Md. Hossain Zakir..........................Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Foreign Affairs, Dhaka & others……………………Respondents ...... Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1041 of 2005. (From the judgment and order dated 25.07.2005 passed by the Administrative Appellate Tribunal in A.A.T. Case No.236 o......te Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Hossain Zakir..........................Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Mi......mpugned order. Accordingly, we do not find any sub­stances in the leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 964. ..

Category: Administrative Law | Date: | Hits: 99

Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)

.... Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat, Dhaka & others ...................Respondents Judgment January 23, 2008. L......t: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat, Dhaka & others ...................Respondents ...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat,......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..

Category: Property Law | Date: | Hits: 21

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....01 passed by a Division Bench of the High Court Division in First Appeal No. 40 of 1994 reversing the judgment and decree dated 2-11-1993 passed by the First Court of the learned Subordinate Judge, Dhaka in Title Suit No.18 of 1985 decreeing the suit declaring the suit property to have been purch......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc......l) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. ......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..

Category: Procedural Law | Date: | Hits: 173

Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)

.... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve......nt: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ..

Category: Property Law | Date: | Hits: 26

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....Bench of the High Court Division in Writ Petition No. 2119 of 2007 discharging the rule by refusing to interfere with Memo. No. 1146 dated 25.2.2007 issued by the District Co­operative Officer, Dhaka constituting an Ad-hoc Managing Committee suspending the elected Managing Cpmmittee of Bohum...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, r......vil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministr......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..

Category: Civil Law | Date: | Hits: 126

Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)

....ting the application. 2. Short facts are that the opposite party of this application as plaintiff instituted Family Suit No. 185 of 2006 in the Court of 2nd Assistant Judge and Family Court, Dhaka for realization of dower and maintenance contending inter alia, that marriage was solemnized......n, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1357 of 2008. (From the Judgment and Order dated 1st June, 2008 passed by the High Court Division in Civil Order No.2080 of 2008.) ...... (Civil) Present: M.M. Ruhul Amin CJ Md.Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shahid Hamid........................Petitioner Vs. Nilufar Momtaz.......................Respondent Judgment October 14, 2008.......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ..

Category: Family Law | Date: | Hits: 188

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....d affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......esent: Md. Fazlul Karim J    Md. Joynul Abedin J   Md. Hassan Ameen J Probir Kumar Rakshit ……..................Appellant Vs. Abdus Sabur & others...........Respondents Judgment    &n......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..

Category: Property Law | Date: | Hits: 42

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ion 5(2) of Pre­vention of Corruption Act (Act II of 1747). 2. The accused respondent was tried by the learned Divisional Special Judge, Khulna in Special Case No.4 of 1993 on the allegation that Dhaka General Post Office sent Motor Driving Licence and Motor Vehicle Stamp in three parcels worth ......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J State..................................Appellant Vs. Nurul Amin........................... Respondent Judgment February 8, 2006. Lawyer......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..

Category: Anti-Corruption Laws | Date: | Hits: 173

Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)

....Petition No.848 (B) of 2002 making the Rule absolute and thereby setting aside the judgment and order dated 12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case p...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ...... (Civil) Present: MM Ruhul Amin J   Md. Tafazzul Islam J Md. Abdul Matin J    Abu Taher.............................Petitioner Vs. Bangladesh............ ...........Respondents Judgment    &nbs......ere 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: 14 BLC (AD) (2009) 19. ..

Category: Property Law | Date: | Hits: 29

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

.... Sabuj vs. State 1988BLD251 =40 DLR 150; Monsur Ali vs. State 55 DLR (AD) 131; Saidur Rahman vs. State, 40 DLR (AD) 281; Nesar Ahmed vs. Bangladesh 49 DLR (AD) 111; Jahangir Hossain Howlader vs. CMM, Dhaka 58 DLR 106; Pepsi Food Ltd. vs. Special Judicial Magis­trate AIR 1998 (SC) 128. Lawyers In......te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commi­ssion and others……………Appellants Vs. Mahmud Hossain and others………………………â......d. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commi­ssion and others……………Appellants Vs. Mahmud Hossain and others…………………………Respondents Judgment April 30,...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..

Category: Anti-Corruption Laws | Date: | Hits: 139

Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)

....rt Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Mr. Shakawatullah...............Petitioner Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhaka & others....... Respondents Judgment October 15, 2006. Lawyers Involved: Sufi......For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 2906 of 1999). ......se is also Reported in: V ADC (2008) 875. ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ..

Category: Tenancy Law | Date: | Hits: 148

Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)

....2. Facts, leading to this petition, are that the respondent No.1 (writ-respondent No. 2), Zinnatul Hossain, filed a case being Industrial Ordinance Case No. 26 of 1994 before the Second Labour Court, Dhaka against the petitioner and others, stating, inter alia, that he was appointed as store-keeper ...... Syed JR Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Agriculture Development Corporation. .............. Petitioner Vs. Zinnatul Hossain and others...........................................Respondents Judgment August 8, 2006. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Agriculture Development Corporation. .............. Petitioner Vs. Zinnatul Hossain and others...........................................Respondents Judgmen......round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..

Category: Employment/Service Law | Date: | Hits: 87

Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

....dismissed the appeal. Then the plaintiff moved the High Court Division and obtained Rule in Civil Revision No. 63 of 1968 (Sylhet), which subsequently renumbered as Civil Revision No.9779 of 1991 (Dhaka). 4. As it appears both the trial court as well as the lower appellate court disbeliev......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Sonawar Ali being dead his heirs; Md. Mobaswir Ali Chowdhury and others. ...... Petitioners Vs. Md. Nonahar Ali alias Monawar Ali being dead his ......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Sonawar Ali being dead his heirs; Md. Mobaswir Ali Chowdhury and others. ...... Petitioners Vs. Md. Nonahar Ali alias Monawar Ali being dead his heirs; Mozzamil Ali Chowdhury and othe......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ..

Category: Property Law | Date: | Hits: 23

Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)

....en J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and Mineral Resources, Govt. of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others ..........................Respondents Judgment November 13, 2007. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and Mineral Resources, Govt. of Bangladesh, Bangla......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858.  ..

Category: Civil Law | Date: | Hits: 119

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

....vision (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and oth­e......J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and oth­ers…………….Respondent (In Civil Appeal No. 85 of 2000)...... Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and oth­ers…………….Respondent ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..

Category: Property Law | Date: | Hits: 56

Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)

.... ......nstructed by Haridas Paul, Advocate-on-Record - For Respondent Nos. 2-5 Not represented - Respondent No. 1 Civil Petition for Leave to Appeal No. 281 of 2005 (From the judgment and order dated 01.02.2003 passed by a Division Bench of the High Court Division in Writ Petition N......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..

Category: Banking Law | Date: | Hits: 292

Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)

.....2002 at about 9.00 P.M the petitioners were arrested by the combined force at the Madhavpur High Way, Hobiganj while they were going to visit the holy mazar of Hazrat Shah Jalal (R.H.) Sylhet from Dhaka by the Nissan Petrol Jeep (Pajero) of Md. Salah Uddin Ahmed, Proprietor of S.A. Paribahan a ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors…...... Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors……………Respondents Judgment: ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..

Category: Criminal Law | Date: | Hits: 41