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Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)

....nd no 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) 698. ......n CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment ......nd no 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) 698. ......nd no 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) 698. ..

Category: Business or Commercial Law | Date: | Hits: 199

Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......vision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Layek Khan and another..................................Petitioners Vs. Abdul Latif being dead his heirs: Rajia Begum and oth­ers.....Respondents Jud......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....I ADC (2009) 661, 63 DLR (AD) (2011) 122....... Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 200......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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...

Category: Property Law | Date: | Hits: 25

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....llary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangladesh. He also submits that the High Court Division committed illegality in upholding the argu...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Rajdhani Unnayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 200......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....ed an appli­cation for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri......) Present: Md. Fazlul Karim J   Md. Joynul Abedin J SAN Mominur Rahman J  HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9,...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..

Category: Criminal Law | Date: | Hits: 53

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....ter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plain­tiff submitted the bill of lading to defendant No. 7, Agrani Bank, the L/...... Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J  Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..

Category: Business or Commercial Law | Date: | Hits: 178

Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)

....lso Reported in: 14 MLR (AD) (2009) 312. ......te Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh and others..................................Petitioners Vs. Sirajuddin Khan.....................Respondent Judgment April 5, 2009. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..

Category: Property Law | Date: | Hits: 30

Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)

....e Tribunal was justified in dismissing the appeal in limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit un......ent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Matiur Rahman Chowdhury..........................Petitioner (In both the cases) Vs. The Commissioner of Taxes, Dhaka ...............Respondent (In both the cases) Ju......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..

Category: Fiscal/Taxation Law | Date: | Hits: 89

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....hort, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of the Pourashava and that the Cheque was deposited by opening a ......J Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Nurul Absar……………………........Petitioner Vs. The State...................................Respondent Judgment December 4......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ..

Category: Criminal Law | Date: | Hits: 43

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Mirajul Shaikh………………………….Petitioner Vs. The State……....................Respondent Judgment April 21,......n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..

Category: Criminal Law | Date: | Hits: 96

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

.... affidavit-in-opposition denying the material allegations and contending that VAT System is a modern concept in the taxation system of the world and it is also an indirect tax being substituted in Bangladesh in the year 1991 in place of Sales Tax and accord­ing to the provisions as laid down......ul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Adul Matin J Nasiruddin Biswas…………..Petitioner Vs. Chairman, National Board of Revenue and others……Respondents Judgmen......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)

....d no sub­stance 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) 581. ......arim J Md. Joynul Abedin J Md. Abdul Matin J Abdul Halim and another……………………………..Petitioners Vs. Sheikh Abdullah and others……..................Respondents Judgment ......d no sub­stance 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) 581. ......d no sub­stance 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) 581. ..

Category: Property Law | Date: | Hits: 30

Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)

....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ...... Md. Joynul Abedin J Md. Abdul Matin J Syedur Rahman Chowdhury being dead his heirs; Kulsuma Begum and others……     ........Petitioners Vs. Monowara Begum and others……..........................Respondents Ju......tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ......tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ..

Category: Property Law | Date: | Hits: 26

Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)

....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......sion (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Ijal Uddin Munshi ………..Petitioner Vs. Mst. Rokeya Khatun and another……..Respondents Judgment Janua...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Ijal Uddin Munshi ………..Petitioner Vs. Mst. Rokeya Khatun and another……..Respondents Judgment January 19, 2009......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ..

Category: Family Law | Date: | Hits: 280

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

.... the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including t......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18,...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...

Category: Property Law | Date: | Hits: 28

H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

....rporate office at Iqbal Center (17th Floor) , Kemal Ataturk Avenue, Banani C/A, Dhaka-1213 and Marketing Office at 29, Showrawardi Aveneu, Block # K, Baridhara Model Town, Dhaka-1212, registered in Bangladesh. That company is primarily engaged in manufacturing Portland Cement. 5. The prese......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment A......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..

Category: Business or Commercial Law | Date: | Hits: 193

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

....e find no substance 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) 558. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Golam Mostafa and others……………………......e find no substance 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) 558. ......e find no substance 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) 558. ..

Category: Property Law | Date: | Hits: 25

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....88 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. ......il Petition No.1088 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment O......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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....oynul Abedin J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. ......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respond......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: VI ADC (2009) 551. ......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: VI ADC (2009) 551. ..

Category: Property Law | Date: | Hits: 26