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Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)

.... Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appellate Tribunal, represented by its Chairman, Supreme Court Premises, Ramna, Dhaka and others…………………………&hel......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appell......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appellate Tribunal, represented by its Chairman, Supreme C......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..

Category: Administrative Law | Date: | Hits: 180

Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)

....e a Criminal Case was brought against him for obtaining pecuniary advantage to the extent of US$ 1, 85, 09360 for himself and others by corrupt and illegal means. The Special Martial Law Court No. 1, Dhaka, acquitted him of the charge. Subsequently, the Chief Martial Law Administrator, while reviewi...... Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so passed by the Presid......rt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md Fazlul Karim J SJR Mudassir Husain J Bangladesh.............Appellant Vs. Kazi Shaziruddin Ahmed..................Respondent Judgment &n...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..

Category: Criminal Law | Date: | Hits: 37

Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)

....llenging the order dated 30-5-1999 passed by the respondent No.1 of the writ petition in Miscellaneous Case No.24 of 1998 arising out of money Execution Case No.11 of 1998 of Artha Rin Adalat No.4, Dhaka. The Habib Bank Limited instituted Money Suit No.48 of 1992 in Artha Rin Adalat No.4, Dhaka ...... MM Ruhul Amin J Md Tafazzul Islam J Uttara Bank Ltd.............................Petitioners Vs. Subordinate Judge and others......Respondents Judgment &nb......: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Uttara Bank Ltd.............................Petitioners Vs. Subordinate Judge and others......Respondents Judgment &nb......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ..

Category: Civil Law | Date: | Hits: 80

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....y 19,1992 of the High Court Division in Writ Petition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Fact.............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes......l Amin J MM Ruhul Amir J Md. Tafazzul Islam J Government of the People’s Republic of People’s Republic of Bangladesh.......... Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. &n......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..

Category: Property Law | Date: | Hits: 32

Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)

....on Act, 1957. 3. The writ petition was filed stating, inter alia, that petitioner’s company, Spectra Solutions Limited, a private limited company (the company) was providing internet services in Dhaka, Chittagong and Sylhet municipal area and in connection therewith applied to the Bangladesh Te......ul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court Division in Writ Petition No. 529 of 2002.) ......) 90. ...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)

.... Chairman 1st Labour Court, Chittagong and others.........Respondents Judgment January 27, 2003. Cases Referred To- Bikash Ranjan Das vs Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280 ref; 29 DLR (SC) 280 Lawyers Involved: MA Mannan, ......asan J Mohammad Fazlul Haque J Chittagong Jute Manufacturing Co. Ltd……………….Appellant Vs. Chairman 1st Labour Court, Chittagong and others.........Respondents Judgment January 27, 2003. Cases Referred To- ...... Present: Md. Ruhul Amin J KM Hasan J Mohammad Fazlul Haque J Chittagong Jute Manufacturing Co. Ltd……………….Appellant Vs. Chairman 1st Labour Court, Chittagong and others.........Respondents Judgment ......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..

Category: Labour and Industrial Law | Date: | Hits: 117

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed………�......MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed…………………………............. Respondent (In Civil Appeal No...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..

Category: Anti-Corruption Laws | Date: | Hits: 144

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....urther case of the plaintiff that she requires the suit premises for construction of modern residential building for her own use and occupation since she or her husband has no house in Chittagong or Dhaka or any where else except the paternal joint family house of her husband in Chittagong; that sh...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ......) 83. ......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....n Pakistan. Late Bashir Ahmed Ansari, father of Ali Akbar Ansari started business in Karachi and the other two brothers Mokter Ahmed Ansari and Peshkar Ansari started their business in Dhaka and Chittagong respectively and settled in the then East Pakistan. In 1965 the responde...... Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represent the Secretary, Ministry of Works and others…………....Appellants Vs. Ali Akber Ansari…&...... J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represent the Secretary, Ministry of Works and others…………....Appellants Vs. Ali Akber Ansari……………………Responden......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh, represented by the Deputy Commissioner, Dhaka & others.....Appellants Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) ......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed......) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh, represented by the Deputy Commissioner, Dhaka & others.....Appellants Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..

Category: Property Law | Date: | Hits: 25

Shahar Ali and others Vs. State, 2008, 37 CLC (AD)

....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shahar Ali and others............Appellants Vs. The State.............................Respondent ...... Present: M. M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shahar Ali and others............Appellants Vs. The State.............................Respondent Judgment July 31, 2008. ......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 87

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....Miscellaneous Appeal No.229 of 2003 heard analogously with Cross-First Miscellaneous Appeal No.294 of 2003 arising out of Arbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on r......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart......ammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..

Category: Property Law | Date: | Hits: 37

Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)

.... Division also opined that in the application for restoration it was asserted that the tadkbirker Mr. Joydev Chandra Saha had been bed ridden for about six months and as such, he could not come to Dhaka to take necessary steps after service of notice in From N-10 upon the petitioners. But this a......llip;…….........Petitioners Vs. Haridas Saha & others......................Respondents Judgment July 22, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner. Not represented- the Re......Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J Joy Dev Saha & another…………….........Petitioners Vs. Haridas Saha & others......................Respondents Judgment July ......There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 774. ..

Category: Others | Date: | Hits: 92

Abu Thaer Vs. Government of Bangladesh and another, 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......vision (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred t...... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment Januar......t decision and 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: Property Law | Date: | Hits: 26

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....us Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition......n J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents ......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Ju......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..

Category: Civil Law | Date: | Hits: 125

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ...... Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 4274 of 1994). ...... Wazed Ali Sheikh @ Wahed Ali Sheikh (being dead his heirs: 1 (a) Must. Bulbulzan @ Jahan & others………………………Petitioner Vs. Must. Hazera Khatoon & Others……………….Respond......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)

....the first time in the whole of erstwhile Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for registration of the trade mark "NABISCO" to the Trade Marks Registry, Dhaka under application No. 1713, 1723, 1733 and 1734, in class-30 in the year 1973. The application......e Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Invo......upreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..

Category: Intellectual Property Law | Date: | Hits: 231

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....5.2007 passed in Civil Petition for Leave to Appeal No. 885 of 2005 dismissing the petition. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Ass......itle Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as desc......bedin J Md. Hassan Ameen J Md. Abdul Matin J Md. Nasirullah being dead his Heirs: Musammat Jaigun Bibi & Others…………….Petitioners Vs. Md. Ziauddin Khan & Others………………..Responde......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..

Category: Property Law | Date: | Hits: 41

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

....compliance with the said Memo dated 19.02.2003 imported equipments to set up television channel and sought for a NOC for releasing of the equipments from the Zia International Airport, Dhaka. The Commission accordingly vide its letter dated 01.06.2003 accorded an inspection certific......es). Not represented-Respondent Nos. 3-5 (In Civil Petition No. 993 of 2005). Civil Petition for Leave to Appeal Nos. 767 & 993 of 2005. (From the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004). ...... Bangladesh Telecommunication Regulatory Commission Represented by its Chairman…………………. Petitioners (In Civil Petition No. 993 of 2005) Vs. Jamuna Television Limited & Others..........Respondents (In both the cases) ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..

Category: Information Technology Law | Date: | Hits: 321

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

....d Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 26-6-2005 passed by the learned Chairman and Members of the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No. 8 of 1998 reversing those dated 12-1-1998 pas...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the People's Republic of Bangladesh................Respondents Judg......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ..

Category: Employment/Service Law | Date: | Hits: 91

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