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Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)

.... discharging the Rule.   2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards ...... ......pellate Division (Civil) Present Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Janata Bank and others.....................Appellants Vs. National Electric Company Ltd…………….Respondent ......of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..

Category: Business or Commercial Law | Date: | Hits: 75

Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....pels and acquies­cence, that the matter in issue of the suit is also directly and substantially an issue in Fatullah P.S. Case No. 7 (5) 1986 and Case No. 8 of 1986 pending in the Marine Court, Dhaka registered in connection with the collision of plaintiff No. 2 and defendant No.5 and as such...... Reported in: IV ADC (2007) 735. ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Chalna Carriers and Fibres Ltd. and another……………Appellants Vs. M/s. Shainpukur Navigation Ltd. and others……………Respon......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....n 302 of the Penal Code and sentencing him to death. 2. The prosecution case, in brief, is that condemned petitioner and accused Rokeya Begum used to stay together in a house at Bangla Motor, Dhaka and styling themselves as Dharma putra and Dharma Ma they  carried on illicit connection...... Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No. 4 of 2005 (From the judgment and order dated 16.5.2004 passed by the High Court Division in Death Reference No. 34 of 2001, Jai......nal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Foridur Rahman @ Forid @ Reza………………..Petitioner Vs. The State………………………&hellip......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..

Category: Criminal Law | Date: | Hits: 51

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

.... Criminal Miscellaneous Case No. 799 of 1994 quashing the proceedings of Ramna P.S. Case No. 31(6) of 1993 (corresponding DAB GR Case No. 70 of 1993) of the Court of Chief Metropolitan Magistrate, Dhaka. The aforementioned Ramna RS. Case No. 31(6) of 1993 was registered under sections 420, 409 a......he State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 1...... (Criminal) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. ...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..

Category: Criminal Law | Date: | Hits: 48

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

.... Civil Revision No. 2693 of 2002 discharged the Rule with modifica­tion. 2. The respondents as plaintiffs instituted a S.C.C. Suit No.13 of 1994 before the 2nd Court of Assistant Judge, Dhaka which was subsequently transferred to the 3rd Court of Senior Assistant Judge and renumbered ......ed in: IV ADC (2007) 691. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..

Category: Property Law | Date: | Hits: 35

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

.... Not represented-Respondent Nos. 2-8. Civil Appeal No. 588 of 2001 [From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka) and Civil Revision No.271 of 1984 (Rangpur)] Judgment      ......) 672. ......ision (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Siraj Mondal @ Md. Sirajuddin Mondal and another……………Appellants Vs. Mosammat Miraton Nessa and others…………………......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ..

Category: Property Law | Date: | Hits: 28

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

....company convened it's 20th Annual General Meeting on 28.4.2003 by a notice dated 7.4.2004 and also took all preparations for holding the said Annual General Meeting on 28.4.2003 at Hotel Sonargaon, Dhaka; there is no restriction in the Companies Act, 1994 regarding the tenure of direc­tors of......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. ......rrived 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: IV ADC (2007) 649. ..

Category: Business or Commercial Law | Date: | Hits: 78

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....ision in Civil Revision No. 2072 of 2000 making absolute the Rule obtained against the judgment and decree dated February 28, 2000 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Appeal No.13 of 1995 allowing the same and thereby dis­missing the suit upon rev......             Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md.......te Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md. Abdus Sobhan ...............................................................Responde......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..

Category: Employment/Service Law | Date: | Hits: 64

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

.... Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner Vs. Ministry of Finance, Govt. of Bangladesh represe...... Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner ......ammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner Vs. Ministry of Finance, Govt. of Bangladesh represented by its Secretary, Bangladesh Secret...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..

Category: Criminal Law | Date: | Hits: 36

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....d in different places. While he was serving in Comilla Circle, the petitioner by sending an allegation on 29.11.1992 informed the Collector of Customs and the Chairman of National Board of Revenue, Dhaka that M/s. Rahman and Company in connivance with Assistant Collector, Abul Khair Bhuiyan and ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ..............................Respondents Judgment April 3, 2004. Case R...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ........sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..

Category: Criminal Law | Date: | Hits: 41

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....9.03.2005 passed by a Division Bench of the High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent N......d JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Jud......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..

Category: Civil Law | Date: | Hits: 132

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....re the First Court of Settlement contending, inter alia, that the RAJUK, the respondent No.3, by allotment letter dated 12.2.1962 allotted Plot No.4 situated at Block No. SE(B), Gulshan Model Town, Dhaka, measuring 17 Khathas 13 Chattaks of land in favour of Mohammad Abdus Sattar, the  respo......hul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases)    Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. ......t: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases)    Vs. The First Court of Settlement and other................Respondents (In both the cases) ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..

Category: Property Law | Date: | Hits: 41

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....e High Court Division in Civil Revision No.1931 of 2000 (heard analogously with Civil Revision No.2197 of 2000) reversing judgment dated 30.1.2000 passed by the Additional District Judge, Court No.7, Dhaka in Title Appeal No.153 of 1999 affirming those dated 08.03.1999 passed by the Subordinate Judg......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rabiul Awal @ Sohel Miah..............................Petitioner Vs. Md. Abdur Rab @ Abdur Rab............................Respondent Judgment April 29, 20......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...

Category: Tenancy Law | Date: | Hits: 180

A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)

.... Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, ...... Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, 2007. ......ourt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……&...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ..

Category: Civil Law | Date: | Hits: 105

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

....rt Division passed in Civil Revision No. 4260 of 2002 discharging the Rule. 2. The respondents, as plaintiffs, instituted Title Suit No. 24 of 2001 in the 2nd Court of Joint District Judge, Dhaka for recovery of khas possession of the suit land under section 9 of the Specific Relief Act o...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. Lawyers Involved: ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. La......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..

Category: Property Law | Date: | Hits: 23

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....nal Revision No.688 of 2001 discharging the Rule obtained by the appellant against the judgment and order dated 28.08.2001 passed by the learned Additional Metropolitan Sessions Judge, Court No.5, Dhaka in Metropolitan Criminal Appeal No.87 of 2000 setting aside the order of conviction under Sec...... Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent  Criminal Appeal No. 60 of 2003. (From the judgment and order dated the 10th November, 2002 passed by the High Court Division in Criminal Revision No. ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mokbul Hossain Howlader................Appellant Vs. The State...............................Respondent Judgment September 13, 2......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..

Category: Criminal Law | Date: | Hits: 42

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

...........Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all the cases) Judgment January 15, 20...... Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all...... Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..

Category: Property Law | Date: | Hits: 31

Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)

.... Civil Petition for Leave to Appeal No. 1037 of 2007 (From the judgment and order dated the 14th day of May, 2007 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.33 of 2007). Judgment         &n......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Bangladesh represented by the Secretary, Ministry of Home Affairs and others .......................Petitioners Vs. Md. Waziullah............................mad Fazlul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Bangladesh represented by the Secretary, Ministry of Home Affairs and others .......................Petitioners Vs. Md. Waziullah........................Respondent Judgment February 6, 2008...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..

Category: Administrative Law | Date: | Hits: 120

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her...... Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Heron and others........Petitioners (In Criminal Petition No. 315 of 2005) Vs. The State ...................................Respondent (In both the cases) Judgm......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..

Category: Criminal Law | Date: | Hits: 43

Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

....ose of disposal of this petition, are that one Ajhar Hossain alias Masudur Rahman respondent No.2 filed a petition of complaint on 14-09-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka, alleging inter-alia, that he purchased the case house described in the schedule of the petit...... ......urt Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Lutfor Rahman and others......Petitioners Vs. The State and another..........Respondents Judgment July 29, 2007. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..

Category: Criminal Law | Date: | Hits: 39