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State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....ther found that the case does not come under the mis­chief of Section 25B (1) (a) and (b) of the Special Power Act, 1974, Since the peti­tioner and others were arrested from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on r......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......dique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record -For the Respondent. Criminal Petition for Leave to Appeal No. 296 of 2005. (From the judgment and order dated 24.07.2005 passed b......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..

Category: Criminal Law | Date: | Hits: 37

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

.... The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred To- Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......Court of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Bangladesh Penal Code and were sentenced to suffer imprisonment for life. The High Court Division by the impugned judgment found the respondents not guilty of the ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)

.... Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others........Respondents Judgment ......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......ndents Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- For Respondents. Civil Petition for Leave to Appeal No. 800 of 2005. (From the judgment and order dated 21.6.2005 passed by......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ..

Category: Property Law | Date: | Hits: 21

Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....rim J Md. Tafazzul Islam J Md. Joynul Abedin J Nekbar Ali………………………......Petitioner Vs. Government of Bangladesh and others……........Respondents Judgment November 25, 2007. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ...... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 693 of 2006. (From the judgment and order dated the 19th April, 200...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ..

Category: Property Law | Date: | Hits: 22

Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)

.... High Court Division in Writ peti­tion No. 3601 of 1996 discharging the Rule with a cost of Tk. 5,000.00. 2. The petitioner is a subscriber of tele­phone provided by respondent No.1, Bangladesh Telegraph and Telephone Board (BTTB). The only grievance agitat­ed by the petitioner...... sub­stances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ...... Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not repre­sented- the Respondents. Civil Petition for Leave to Appeal No. 244 of 2006 (From the judgment and order dated the 6th and 7th July...... sub­stances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....e other, the plaintiff which is not permitted under the law and the instant case, involves a question of law to great public importance as to whether a Hindu governed by Dayabhaga school of law in Bangladesh could transfer his entire property only to one son depriving his other son. 6. We......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......l District Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed ap......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..

Category: Property Law | Date: | Hits: 24

Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)

....nbsp; Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Ashrafuzzaman & others…............Petitioners Vs. Bangladesh Chemical Industries Corporation & others…...Respondents Judgment ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......etitioners. Shahed Alam, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 2. Not repre­sented-Respondent Nos. 1, 3-5. Civil Petition for Leave to Appeal No. 1634 of 2005. (From the judgment and order dated 13.07.2005 passed ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..

Category: Employment/Service Law | Date: | Hits: 76

Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)

.... Appellate Division (Civil) Present:    Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Comilla and others ..........Appellants ......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......J. - This appeal by leave is directed against the judgment and order dated 19.6.1997 passed by the High Court Division in First Appeal No.79 of 1990 allowing the application filed by the plaintiff for amendment of the plaint and then sending back the suit on remand to the trial court for fresh h......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ..

Category: Civil Law | Date: | Hits: 107

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......wyers Involved: A. K. M. Shafiqul Alam, Advocate, instruct­ed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to Appeal No. 604 of 2006. (From the judgment and order dated 10.03.2004 passed b......ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..

Category: Property Law | Date: | Hits: 21

Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)

.... Md. Abdul Matin J The Manager, Satgaon Rubber Bagan, Srimangal, Moulavi Bazar and  another................Petitioners (In Civil Petition No. 1203 of 2005) General Manager, Bangladesh Forest Industries Development Corporation Rubbar Division, Sylhet Zone, P.S.-Sreemangal,......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......). Not Represented-Respondent Nos.1-14, 16-49 (In Civil Petition No.1204 of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 p......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..

Category: Labour and Industrial Law | Date: | Hits: 65

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J K.K.K. Garments Limited…......Petitioner Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. ......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under sec......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..

Category: Property Law | Date: | Hits: 28

Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)

....zlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Ataur Rahman & others…..........Appellants (In Civil Appeal No. 113 of 2008) Bangladesh repre­sented by the Secretary, Ministry of Education, Government of the Peoples Repu......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......ereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 as of no legal effect being unconstitutional. 2. The respondent Nos.1-6 filed the aforesaid writ petition No.10238 of 2006 challenging  the  vires  of the impugned No......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..

Category: Employment/Service Law | Date: | Hits: 122

Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)

....s House, Chittagong and others……Appellants Vs. M/s. Sumi Enterprise ..................Respondent Judgment August 5, 2008. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149, Mostafizur Rahman Vs. Government of Bangladesh and......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ...... 16.01.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1569 of 1999 making the Rule absolute. 2. The writ petitioner opened letter of Credit dated 30.03.1988 for import of Rubber tires and tubes to be used in Bicycles and Cycle rickshaws and at the time of ......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

....al as provided under Section 32 (2) of the Waqf Ordinance, 1962 with inflexible precondition does not stand as bar to an application under Article 102 of the Constitution of the Peoples Republic of Bangladesh; as the remedy thereunder is interpreted as not efficacious; that Section 21 of the Waqf...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... Mahbubey Alam, Senior Advocate, instructed by Syed Mahbabar Rahman, Advocate-on-Record-For the Petitioner. Fakhrul Islam Advocate-on-Record-For the Respondent No. 2. Civil Petition for Leave to Appeal No. 751 of 2006. (From the Judgment and order dated 6th March, 2006 pass...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......ed by Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. A. F. Hassan Ariff, Senior Advocate, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 588 of 2000. (From the Judgment and order dated 23rd May, 2000 passed by ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 36

BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)

....7 of 2003 Here. Supreme Court 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 Bangladesh, repre­sented by the Secretary, Ministry of Justice and Parliamentary Affairs and others......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......ition No. 2046 of 2008) M. Amirul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent Nos. 2-3. (In Civil Petition No. 2056 of 2008) Civil Petition for Leave to Appeal Nos. 2221-2222 of 2008. With Civil Petition Nos. 2046 & 2056 of 2008......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...

Category: Constitutional Law | Date: | Hits: 233

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....l Karim J Amirul Kabir Chowdhury J M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. Government of Bangladesh Represented by the Secretary, Ministry of Food and others……..........Respon......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-Petitioner Hafizullah, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Civil Petition for Leave to Appeal No.1143 of 2004. (From the Judgment and Order dated August 01. 2004 pass......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....) 59 & 61 DLR (AD) (2009) 62. ...... ......A.K.M. Shahidul Huq, Advocate-on-Record-Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-Respondent No. 1. Zahirul Islam, Advocate-on-Record-Respondent No. 2. Criminal Petition for Leave to Appeal No. 543 of 2007. (From the judgment and order dated 08-11-2007 passed b......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..

Category: Criminal Law | Date: | Hits: 32

Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)

.... (AD) (2009) 39. ......hy;gal and is of no legal effect. 2. The respondents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally ...... Hossain, Advocate-on-Record- For the Petitioners. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 524 of 2002. (From the Judgment and Order dated 10-12-2001 passed b......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ..

Category: Property Law | Date: | Hits: 49