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Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....etition. On appeal in Election Appeal No.1 of 2003 before the learned District Judge and the Election Appellate Tribunal, Barisal considering a circular (being No.10 dated 14.05.2001) issued by the Bangladesh Bank and Sub-section 5 (ga) of Section 5 of the of Bank Company Ain, 1991 held that the o......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:...... Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructe......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..

Category: Election Law | Date: | Hits: 162

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....nbsp;               Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 pass......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......sed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 28

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

.... J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts and Tele­communications, Banglades......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ...... (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 125

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

.... Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated direc......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......s (In both the appeals). Judgment November 3, 2002. Cases Referred To- British India Corporation vs. Robert Menzies, 1936 Company Cases 250; Kishore Y. Patel Vs. Patel Engineering Co Ltd., AIR 1992; Md. Shamsuzzaman Khan Vs. M.S. Islam and others, 28 DLR 101; Chahia ..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others.................................. of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......sion (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

....ain Singh vs. Gokul Chand Mahton AIR 1934 PC 68; Shankarlal Narayandas Mundade vs. New Mofussil Co Ltd AIR 1946 PC 97; Minhazuddin Talukdar vs. Abdul Jalil Howlader 3 MLR (AD) 58; Hafizur Rahman vs Bangladesh 47 DLR 583; Haq Brothers vs Shamsul Haque 39 DLR 290; Khurshid Ali vs Noorjahan Bewa 1 M...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..

Category: Property Law | Date: | Hits: 41

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment ......mity 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: 60 DLR (AD) (2008) 9. ......Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of......mity 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: 60 DLR (AD) (2008) 9. ..

Category: Property Law | Date: | Hits: 37

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

....rted in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others........Respon...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others........Respondents Judgment January 30, 1990. Result: The ap...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....ider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment ......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..

Category: Property Law | Date: | Hits: 32

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....ppellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and other......doning the delay. 12. 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: ......ar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ull......doning the delay. 12. 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: ..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

.... Hajee Abdus Sattar's case applied more in the present case because P.W.1 who deposed for the plaintiffs' admitted that they were inducted into possession by Sadananda Ghose after the liberation of Bangladesh and they paid rent to  Shaibalini Ghose after the death of Sadananda till August, ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury........... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106

Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)

....ound of maintainabil­ity. 2.  Short faces are that the writ petition­er has been serving as an officer in the office of respondent No.1, Munawar Jute Mills Ltd. an enterprise of Bangladesh Jute Mills Corporation (BJMC) since 23.02.1981. By a letter dated 07.01.1998 respondent......d legal basis and as such not sus­tainable in law. The direction for refund is not legally sustainable. 14.  The appeal is thus allowed without any order as to cost. Ed. ...... Md. Sadequr Rahman …………………………………………Appellant vs Munawar Jute Mills Ltd. and others ......................Respondents Judgment November 10, 2005 Lawye......d legal basis and as such not sus­tainable in law. The direction for refund is not legally sustainable. 14.  The appeal is thus allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 84

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

....ahajadpur Police  Station against the accused petitioner Nurul Islam, to the effect that the said accused in his capacity as Manager, Milk Vita, Bagabari Factory, Shahajadpur, Serajganj, under Bangladesh Milk Producers Co-operative Union Limited along with two other accused in collusion with......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 163......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

.... Government of India and another vs. C. A. Balakrishnan and oth­ers, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. State of U. P and others, AIR 1991 (SC) 1818; ANM Belayet Hossain and others Vs. Bangladesh Oil, Gas and Mineral Corporation, 51 DLR, 104; 4 BLC (AD) 65; Secretary, Ministry of Com......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir A......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 54

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....Appellate Division (Civil) Present: A.T.M. Afzal CJ. Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Bank & others..........Defendant-Appellants vs Messers Fabrica Nacion......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General   and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 119

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....he complainant leave petitioner upon fur­nishing bond of TK. 1,50,00,000/- ( One crore fifty lacs). 2. The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by exec......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ......Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ....... R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

.... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appel......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appellants (In both Appeals) Vs C......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....rolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned District Judge, Cha......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ...... Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Shamsul Huq Sarker...............................Appellant vs Enamul Huq Sarker and ors.....................Respondent Judgment March 8, 2006 Lawyers Involved......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 70