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Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

....llowances beginning from the date he had been reinstated by the authority. 5. Being aggrieved the appellant filed AAT Appeal No. 51 of 1998 before the Administrative Appel­late Tribunal, Dhaka and the appeal as a whole was dis­missed and thereupon AT Case No. 66 of 1997 was dismiss......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others..................Respondents Judgment August 9, 2006. Cases Referr......n (Civil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others..................Respondents Judgment ...... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 132

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....8.2000 of the High Court Division passed in Civil Revision No. 2363 of 1998 discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant pra...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment Mar......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 120

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....r alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26-6-1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the said company; 19......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Indus­tries and a......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Indus­tries and another..................................Respondents ......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..

Category: Business or Commercial Law | Date: | Hits: 114

Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)

...., in short, are that the respondent No. 1 Md. Abdur Razzaque was appointed as MLSS on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Serva......Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February 7, 2007. Lawyers In......nt: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 117

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....tructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent. Civil Appeal No. 14 of 1986. (From the Judgment and Order dated 14th Sep­tember, 1984 passed by the High Court Division, Dhaka in Civil Revision No. 287 of 1984). Judgment: ATM Afzal J. - Appellants are judgment-deb......) (1990) 294....... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kadam Rosul Silicate Works and others.............................Appellant Vs. Sonali Bank.........................…………………………………….......Responde......is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....enancy right which his sons would inherit and on the basis of which they would become tenants under the Govern­ment on wholesale acquisition of rent-receiving interest in 1956. Decisions of the then Dhaka High Court on this point have been reported in Nihar Ranjan Vs. Nurannessa Chowdhury, 10 DLR 4......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rah­man J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Res......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

....lader, Advocate-on-Record— For Respondent Nos. 1-4. Ex part — Respondent No. 5. Civil Appeal No. 73 of 1985. (From the Judgment and order dated 13.2.85 passed by the High Court Division, Dhaka in Civil Or­der No. 98 of 1985). Judgment Mustafa Kamal, J. - This appeal by special le......1990) 285; 1990 BLD (AD) 194. ......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Upendra Chandra Rishi and others.………………...…………..Appellants Vs. Sufia Begum and others...........………………….………........Respondents Judg.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....structed by AW Mallik, Advocate-on-Record — For the Re­spondent (State). Criminal Appeal No. 3 of 1987. (From the judgment and order dated 26 October, 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of 1986). Judgment: Shahabuddin Ahmed CJ. - In this appeal ......) (1990) 284 ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Azizul Huq @ Azizul Haque and ors................................Appellants Vs. The State..................................……………………………………...Respo......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..

Category: Criminal Law | Date: | Hits: 51

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

.... SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sar­godha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 51 DLR (AD) 57; Bangladesh Power Development Bo...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1...... ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....bgonj where DPHE found tube wells contaminated with arsenic much above the standard level shown in the guideline of World Health Organisation, i.e. WHO, the respondent No.7; in the year  1996 Dhaka Community Hospital, for the first time, detected a patient with symptoms of arsenic poisonin......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2...... MM Ruhul Amin J Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Res......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

.... the legality of the judgment dated January 3, 1988 of the Court of Settlement in Case No. 119 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publish......te Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: Decembe......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

.... Chandra; by dint of different transactions made by their predecessors the defendant Nos. 2-8 are possessing 1.60 acres of land in the suit land of which 0.70 acres of land was acquired for Meghna-Dhaka Godabari Embankment; the defendant No.1 claims to have purchased 0.30 acres of land from Priy......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ......Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 1......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....liable to be included in the CIB report as defaulting borrowers. 5. It was further stated that Meghna PET Industries Ltd. was financed by Dutch Bangla Bank Ltd, Local Office, Motijheel C/A, Dhaka and Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO) Brac Cent......ion No. 477 of 2005). Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Reco...... Meghna PET Industries Ltd..........Petitioner (In Civil Petition No. 477 of 2005) Prime Edible Oil Ltd. & another........Petitioners (In Civil Petition No. 478 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgm......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abu Taher Chowdhury & others....………………………………......Appellants Vs. State……………………………………………………………………..…….......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..

Category: Criminal Law | Date: | Hits: 74

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....ate-on-Record—For the Respon­dent No. 1. Ex parte—Respondent No. 2 (State). Criminal Appeal No. 37 of 1986. (From the Judgment and Order dated 21.7.86 passed by the High Court Division, Dhaka in Criminal Revision No. 29 of 1986). Judgment: Mustafa Kamal J. - This appeal by the a......lso reported in: 42 DLR (AD) (1990) 250 ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Niamat Ali Sheikh and others.....…………………………..………….....Appellants Vs. Begum Enayetur Noor and others.....................................Respondents Judgment ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..

Category: Criminal Law | Date: | Hits: 46

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

.... Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Civil Revision No.7966 of 1991 (Dhaka). Judgment:       Md. Ruhul Amin J. - The instant appe...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respon­dent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (...... ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......sanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Refe......A.B.M. Hussain CJ Ahsanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment Ju......e contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

....e that he never refused it and that it never was tendered to him. A mere denial that it was ever delivered to him is not sufficient". The similar question came up for consideration before the Dhaka High Court in the case of Monomohan Roy Chowdhury Vs. Ajit Kamal Dutta reported in 6 DLR 267 ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-.............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To- Monomohan Roy Chowdhury Vs. Ajit Kamal Dutta, 6 DLR 267; Dr. Jamshed Bakht Vs. Md. Kamaluddin, (1981) 1 BLD (HCD) 97; AIR ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

....14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998 making the Rule absolute upon setting aside the order dated 25-08-1998 passed by the Chief Metropolitan Magistrate, Dhaka in Sabujbagh PS. Case No.69 (9) 1997 directing to make further investigation. 2. Facts......instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 90

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

.... Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Governor, Bangladesh Bank, Head Office, Dhaka…………..Appellant Vs M. Habibullah Bahar & another&......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ..

Category: Banking Law | Date: | Hits: 124