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Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

.... is that the District Anti-Corruption Officer, Khulna, on 30.9.1993, lodged F.I.R. with Khulna Police Station stating that the peti­tioners and others, who are the officers and employees of the Bangladesh Bank, Khulna Branch, in collusion with each other creating four forged bills of the offi......ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......n, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed......ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....aur Rahman Mia, District Anti-Corruption Officer, Khulna lodged a F.I.R. dated 30.9.1993 with Khulna Police Station stating that the petitioner and oth­ers, who are the officers and employees of the Bangladesh Bank, Khulna Branch, in collusion with each other creating four forged bills of the offic......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......na…………….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the Hi......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....ivision (Civil) Present: Syed JR Mudassir Husain CJt MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and ot......h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the......h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..

Category: Environmental Law | Date: | Hits: 517

Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)

....1. ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ......oners. A.K.M. Nazrul Islam, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record - For Respondent No. 1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 660 of 2005. (From the judgment and order dated 01.09.2004 passed by ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..

Category: Employment/Service Law | Date: | Hits: 72

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ......rs Involved: Subhas Chandra Saha, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 1270 of 2004. (From the judgment and order dated 21st August, 2002 pa...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..

Category: Property Law | Date: | Hits: 67

Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)

....anufactured world famous water pump 'PEDROLLO' and upon importing from Italy marketing the same sufficiently for long time, that ‘TEDROLLO' has been regisered   as the Trade Mark in Bangladesh in the year 1992 and the said Registration will remain vaild upto year 2014, that recent...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 934. ...... by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners J. B. M. Hasan, Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record - For the Respondents Civil Petition for Leave to Appeal No. 1252 of 2004. (From the Judgment and Order dated June 23, 2004 passed...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 934. ..

Category: Intellectual Property Law | Date: | Hits: 201

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner ......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ructed by Azra Ali, Advocate-on-Record - For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Respondent. Civil Petition for Leave to Appeal No. 191 of 2004 (From the judgment and order dated 10th January, 2004 pas......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..

Category: Civil Law | Date: | Hits: 103

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....er the agree­ment. 4. Mr. Moniruzzaman, the learned Counsel appearing for the respondent No.2 submitted that pursuant to 8.70(b) and (c) of the Investment Agreement dated 15.10.1999 that Bangladesh is the proper forum as the agreement in his section 8.07(a) provide for the agree­me...... V. M Henry, Ballantine v. Golding; Ptter v. Brown; Odwin v. Forbes; Quelin v. Moisson; Phillips v. Eyer; Mount Albert Borough Council vs. Australasian Temperance And General Mutual Life Assurance Society Ltd. (1938); Sultana Jute Mills Ltd Vs. Agrani Bank 14 BLD (AD) 197. Lawyers Involv...... Petitioners. Moniruzzaman, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondents No. 2. Not rep­resented-Respondent Nos. 1, 3-11. Civil Petition for Leave to Appeal No. 470 of 2005.          &nb......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....007) 901. ......made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ...... while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard......made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......hile disposing of a revisional application of the respondent arising out of an interlocutory matter relating to temporary injunction. 2. The respondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Sched......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

.... making the Rule absolute. 2. The respondent Nos. 1-3 as writ peti­tioners filed the above writ petition, in the form of mandamus calling upon the writ respondent No.1, the Government of Bangladesh represented by the Chief Election Commissioner and Respondent No. 2 Bangladesh Election ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ...... Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record-For the Petitioner. Not Represented-For the Respondent. Civil Petition for Leave to Appeal No. 766 of 2005. (From the judgment and order dated 24th May, 2005 passe....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..

Category: Election Law | Date: | Hits: 124

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh repre­sented by the Secretary, Parliament Secretariat, Sher-E-Bangla Nagar, Dhaka &a......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ...... A.J. Mohammad Ali, Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record- For Respondent No. 1.  Not repre­sented- Respondent Nos. 2-43. Civil Petition for Leave to Appeal No.1599 of 2005.  (From the judgment and order dated 31.08.2005 p......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..

Category: Employment/Service Law | Date: | Hits: 70

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....ivil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Shahidul Hoq @ Md. Shahidul Hoq............... Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner & others, Comilla………&hel......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......bsp;             Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1416 of 2004 (From the judgment and order dated 18th July, 2004 pass......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

.... Appellate Division (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bijoy Kumar Sarbabidya……………………….Petitioner Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result:  The petit......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......or the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not rep­resented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the Hig......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..

Category: Property Law | Date: | Hits: 39

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

.... Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......on in Writ Petition Nos. 8254 of 2002 and 4344 of 2003 making both the Rules absolute. 2. The appeals involve in all 76 respon­dents. These respondent as writ-petition­ers filed the aforesaid two writ petitions by way of certiorari on the averments set out herein below and obtaine......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....sion (Civil) Present Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………App......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......aid appeal thereby setting aside majority judgment in Writ Petition No. 147 of 1991. 2. The said writ petition was filed by the respondent challenging the detention of Mr. Hussain Mohammad Ershad, former President of Bangladesh, after the fall of his Government of 06.12.1990 pursuant to an order ......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

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

....;           Mohammad Fazlul Karim J. - This application for Leave to Appeal under Article 103 of the Constitution of the People’s Republic of Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Divisi......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Not repre­sented- For the Respondent. Criminal Petition for Leave to Appeal No. 324 of 2004.        (From the jud......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..

Category: Criminal Law | Date: | Hits: 62

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....Amin J Md. Tafazzul Islam J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, rep­resented by Land Acquisition Collector, Dhaka & others ……&hel......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ellant—petitioners received the awarded compensation on protest. Being dissatisfied with the quantum of award money the appellant-petitioners filed Arbitration Revision Case No.1836 of 1990 before the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka who dismissed t......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to- Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19. Lawyers Involved: Fida M. Kamal, Additional...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ....... The respondent filed the said Writ Petition stating, inter alia, that in course of business he opened Letters of Credit being Nos. 1203/01/0045 dated 22.01.2002 and 1203/02/01/0172 dated 06.03.2003 for import of 10 units of re-conditioned vehicles from Japan. He opened the Letters of Credit under ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)

.... This Case is also Reported in: V ADC (2008) 120. ......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... Rahman Chhana, Advocate (appeared with leave of the Court), instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not rep­resented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 348 of 2005. (From the judgment and order dated 08.12.2004 passed by the......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..

Category: Employment/Service Law | Date: | Hits: 86