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Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....5. ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Biman Bangladesh Airlines and others………....Petitioners Vs. Al Rojoni Enterprise, repreÂsented by its Prop...... Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Biman Bangladesh Airlines and others………....Petitioners Vs. Al Rojoni Enterprise, repreÂsented by its Proprietor Wahid Ullah Chowdhury……..Respon......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....o. 2 and proÂforma respondent No. 5. 3. The respondent No.1 as plaintiff filed Money Suit No. 36 of 1993 contending amongst others that the plaintiff on behalf of the proforma defendant No. 6 Bangladesh Power Development Board imported equipment for installation of a 132/230 K.V Sub-station ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Sadharan Bima Corporation and another……………..........Petitioners Vs. LG Engineering Co. Ltd and othersâ...... Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Sadharan Bima Corporation and another……………..........Petitioners Vs. LG Engineering Co. Ltd and others………………........Respondents Judgment ......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government Bangladesh and others……………….......Petitioners Vs. ATM Mostafa Rashed and o......n (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government Bangladesh and others……………….......Petitioners Vs. ATM Mostafa Rashed and other……â......CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government Bangladesh and others……………….......Petitioners Vs. ATM Mostafa Rashed and other…………………......Respondents Judgment ......e, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ..Category: Civil Law | Date: | Hits: 84
...., 32,437.31 till 30.11.2008 and he did not pay any amount of loan and as such he is a loan defaulter.
5. The Sonali Bank Limited also informed the said fact to the Credit Information Bureau (CIB), Bangladesh Bank, Dhaka and Bangladesh Bank enlisted him in the CIB list and his name appeared in ser......l)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
BK Das J
Md. Abul Kashem……...........Petitioner
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
July 26, 2009.
Lawyers Involved:
Rafique-ul Huq......dgment here.
Supreme Court
Appellate Division
(Civil)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
BK Das J
Md. Abul Kashem……...........Petitioner
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgm......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
..
Category: Election Law | Date: | Hits: 116
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....hat the service of the summons was not made in accordance with law, that the heirs of Azim Munshi including Majom Ali were residents of Asam, India, and therefore their address shown in the plaint in Bangladesh, on which the sumÂmons were alleged to have been served by hanging, were found to be not......Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) and others……….......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..Category: Property Law | Date: | Hits: 21
....) 388.
......reme Court
Appellate Division
(Civil)
Present:
MM Ruhul Amin CJ
BK Das J
Md. Muzammel Hossain J
The Government of the Peoples Republic of Bangladesh and others…......Appellants
Vs.
Msst. Mostafa Begum………….....Respondent
......
(Civil)
Present:
MM Ruhul Amin CJ
BK Das J
Md. Muzammel Hossain J
The Government of the Peoples Republic of Bangladesh and others…......Appellants
Vs.
Msst. Mostafa Begum………….....Respondent
Order
July 21, 2009.
......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
..
Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 20......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
....ines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repreÂsented b......adesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repreÂsented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fakir Chand reported in ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs.......Saudi Arabian Airlines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dha......ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Malek Hussain Pir.................Appellant Vs. Begum Nurjahan Khanum and others...................Respondents Judgment August 12, 2009. Lawyers Involved: Man......C (2011) 357. ......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....lul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Feni ............Respondent Judgment ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades......ion (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissio......and there 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: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Latifur Rahman J Khondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998.......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney GenÂeral wi......) (1999) 1. ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.....L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretar......ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades...... Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Mi...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-pe...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament SecreÂtariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999...... Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament SecreÂtariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ...... Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission repÂresented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order April 23, 2009. Lawyers Involved: M...... RuhuIAmin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission repÂresented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order Apri......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
.... Case No. 53 (12)2006, the petitioner-respondent was shown arrested in the said case by the Court of Chief Metropolitan Magistrate, Dhaka vide order No.7 dated 03.07.2007. 3. The Government of Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12.2008. Further,......g rise to the present petition are as under:- The respondent surrendered before the Court of Chief Metropolitan Magistrate, Dhaka in connection with Ramna P.S. Case No. 53(12)206 on 22.02.2007 and the Court of Chief Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custod......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the responÂdents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......ppellate Division (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State ........Petitioners Vs. A Haque alias Abdul Hoque and others…...........Respondent Order February 24, 2010. Lawyers Involved: ......C (2010) 344. ......ion is accordingly discharged and the responÂdents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ..Category: Others | Date: | Hits: 61
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
....e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawye...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. ...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun…………...........) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..Category: Property Law | Date: | Hits: 21
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....e suit lands along with other lands origÂinally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1930-31 from differÂent persons. The p...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………...........Respondents Judgment Februa......rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ..Category: Property Law | Date: | Hits: 25
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile  Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for regÂistration of the tra...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......zlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another ..........ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..Category: Intellectual Property Law | Date: | Hits: 273
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