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Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....bsp;              Mohammad Fazlul Karim J.- This is an application under Article 103 of the Constitution of the People's Republic of Bangladesh directed against the judgment and order dated 28.03.2005 passed by the High Court Divisi......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ......M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos. 1-6. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 7-8. Not Represented- the Respondent Nos. 9-13. Civil Petition for Leave to Appeal No. 932 of 2005. (From the judgment and order dated the 28th March, 2005......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ..

Category: Property Law | Date: | Hits: 27

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....ul Amin J Md. Tafazzul Islam J Pubali Bank Ltd. Head Office, 26 Di1kusha Commercial Area Dhaka…….Petitioner Vs. The Government of the Peoples Republic of Bangladesh, repre­sented by the Secretary, Ministry of Commerce, Secretariat Building, Ramna, D......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......ict Magistrate, Chittagong issued under the signature of the Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel for eviction of the appellant, herein petitioner, from the property of......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ..

Category: Property Law | Date: | Hits: 36

St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)

...., was non-responsive and any process for awarding the contract to the respondent No.1 should be immedi­ately cancelled with a direction upon the respondent Nos. 3 and 4, Ministry of Finance and Bangladesh Bank respective­ly, to award the contract in favour of the petitioner, writ-respond......s therefore no cogent rea­son to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ....... 1. Ajmalul Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on- Record-For Respondent No. 4. Not Represented- For Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 710 of 2007. (From the judgment and order dated 20.5.2007 passed by ......s therefore no cogent rea­son to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..

Category: Business or Commercial Law | Date: | Hits: 110

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....rned Single Judge, although dismissed the suit by dis­charging the rule, held the same view as under: "The suit land as admitted vested in the Forest Department of the Government of Bangladesh as per Gazette Notifications exhibits 1 and 1 (a) and these notifications have not been ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......f 1990 in the Court of the learned Senior Assistant Judge, Gazipur which  was  subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..

Category: Property Law | Date: | Hits: 35

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

.... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......cord-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridus Paul, Advocate-on-Record-For Respondents. Not repre­sented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1564 of 2004. (From the judgment and order dated 11th March, 2003 passe......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..

Category: Employment/Service Law | Date: | Hits: 71

Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)

.... in not holding that in the facts  and circumstances of the case, there is no manner of application of Rule 20 Order 5 of Code of Civil Procedure, inasmuch as, defendant no. 7 had no agent in Bangladesh to receive summons on her behalf so process should invariably be served under Rule 20 O......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 316 of 2006. (From the judgment and order dated 20-10-2005 passed by th......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ..

Category: Property Law | Date: | Hits: 24

Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)

....me Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal N......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......order dated 17.9.98 (Annexure A) issued by the respondent No.2, General Manager of Bangladesh Bank, the respondent No.1, under sec­tion 17(1)(c) of the Bank Companies Act, 1991 (Act XIV/1991) informing National Bank Ltd, the respondent No.3, that the directorship of the appellant in that Ban......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..

Category: Banking Law | Date: | Hits: 112

Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respondent J......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......contract to sell the building and delivered possession to the writ petitioner and also executed a regis­tered kabala dated 26.12.1980 in favour of the writ petitioner who after purchase applied for mutation of her name but the Assistant commissioner, Housing and set­tlement by memo dated ......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..

Category: Property Law | Date: | Hits: 27

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....ed in: IV ADC (2007) 855. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ...... M.A. Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by th......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..

Category: Business or Commercial Law | Date: | Hits: 151

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....cord arrived 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) 841. ......cord arrived 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) 841. ......ioners. Harendra Nath Nandi, Advocate instruct­ed by Prinash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 Not repre­sented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004.    (From the judgment and order dated 2......cord arrived 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) 841. ..

Category: Property Law | Date: | Hits: 63

Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)

....ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ...... Lawyers Involved: Saidur Rahman, Advocate, instruct­ed by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by......ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..

Category: Criminal Law | Date: | Hits: 96

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....t Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, rep­resented by the Secretary, Ministry of Power, Energy and Mineral Resources, Ban......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......ocate (Mustaque Ahmed, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 11. Not repre­sented-Respondent Nos. 1-10. Civil Petition for Leave to Appeal No. 688 of 2006 (From the judgment and order dated 04.05.2006 passed by t......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....eported in: IV ADC (2007) 770. ......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......31, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by ......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..

Category: Property Law | Date: | Hits: 26

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

....rict 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 compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they also obtaine......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. ......he 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 compensation o......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

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

....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. ......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. ......llip;……Respondent Judgment February 5, 2007. 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 p......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)

.... 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) 172; Abdul Wadud Vs. the State, (1995) 3 BLT (AD) 326. ...... 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. ...... Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-for the Respondent.              &...... 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)

....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. ......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. ...... Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by ......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

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....7) 664. ......d 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: IV ADC (2007) 664. ......olved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 132 of 2005. (From the Judgment and order dated 22.6.2003 passed by t......d 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: IV ADC (2007) 664. ..

Category: Property Law | Date: | Hits: 27

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......awyers Involved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 pass...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..

Category: Civil Law | Date: | Hits: 83

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

.... This Case is also Reported in: IV ADC (2007) 649. ......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. ......Record-For the Petitioner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 pas......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