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Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)

....Tribunal, Dhaka, dismissing the appeal affirming the judgment and order dated 26.01.2002 passed in Administrative Tribunal Case No.91 of 1997 by the Administrative Tribunal, Dhaka. 2. Facts relevant for the purpose of dis­posal of the leave petition are that the respondent hereof was......k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ...... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank Limited represent­ed by its Managing Director & another....Petitioners Vs. Md. Abdul Aziz and another…………………………..............k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ..

Category: Administrative Law | Date: | Hits: 166

Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)

....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......el for the petitioners and Mr. Bivash Chandra Biswas, the learned Advocate-on-Record for the respondent and perused the judgment of the Administrative Appellate Tribunal, Dhaka and other connected papers on record. 5.The Administrative Appellate Tribunal held that the allegations brought ......e Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Janata Bank, represented by its Chairman, and another....Petitioners Vs. Mr. Fazlul Hoq and another...................................erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ..

Category: Administrative Law | Date: | Hits: 175

Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)

....took any step for the treatment of the victim at the material time when her condition was critical and further the unexplained and continuous abscondence of the petitioner after the occurrence is a relevant fact under section 8 of the Evidence Act which is indicative of his 'mens rea' in the comm......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......lved: Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment and order dated 22.11.2005 passed by the High Court Division in Death Reference No.112 of 2003). ......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)

....ision 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: 14 MLR (AD) (2009) 298. ......2001 and the Administrative Appellate Tribunal, after hearing, dismissed the appeal. 6. We have heard the learned Advocate-on-Record and perused the impugned judgment and order and other connected papers. 7. As it appears the learned Administrative Tribunal dismissed the above A.T. Case No.78 ......ppellate Division (Civil)ar Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Krishi Bank, represented by the Managing Director and others……….Petitioners Vs. Md. Saidul Haque...................Respondent Judgment ......ision 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: 14 MLR (AD) (2009) 298. ..

Category: Administrative Law | Date: | Hits: 189

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

.... of the letter of credit in respect of the consignment of taxi-cab. The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the publi......their consignments inspected by the approved PSI agents. On arrival of all the consignment at Benapole Land port the writ petitioners submitted their concerned Bills of Entry along with all necessary papers on different dates from 02.09.2003 to 13.10.2003 for assessment of customs duty and release o......in CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…..........................Respondents Judgment December 4, 2008. Result: ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)

.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ......d Mr. Shaheed Alam, the learned Advocate for the petitioner and Mr. T.H. Khan, the learned Counsel for the responds and perused the impugned judgment of the High Court Division and other connected papers on record. 7. It appears that the present petitioner had filed Title Suit No.94 of 1......p;    General Manager, Bangladesh Railway……………….Petitioner Vs. Badruddin Ahmed being dead his heirs: Most. Sajeda Begum and others....Respondents Judgment April 8, 2009. Lawyers Involved: Shahee...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

.... the land acquired. 8. The appellate Court heard the appeals together and by the common order dated May 25, 1995 made an order of remand for fresh assessment as the appellate Court found that the relevant the law and the regulation have not been followed in making the assessment of compensation ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......e is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

....Golden Handshake schemes are transferred to other viable and operating units to fill available vacancies". The High Court Division on consideration of the facts of the case as well as the law relevant on the question involving the case held: “Respondent Nos. 1 and 2 had not acted reas......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ......n J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. Md. Abdur Rashid Miah and another...............Respondents Judgment May 13, 2007. Lawyers Involved:......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 61

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ......dent No.1 but after 90 days the respondent Nos. 2 and 3 called writ petitioner's brothers and made unfounded allegations against the writ petitioner and that upon obtaining signature on blank stamp papers drove the writ petitioner out of her conjugal home i.e. from the house of the writ responde...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Samudra Ejazul Haque and others………………….Petitioners Vs. Far......o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ..

Category: Family Law | Date: | Hits: 171

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......2) of the Court of Joint District Judge and Artha Rin Adalat, Narayangonj in Artha Rin Mortgage Suit No.35 of 1999 rejecting the application seeking direction upon the plaintiff to produce certain papers.   2. The suit was filed for realization of an amount of Tk.43,07,567/- as......una Enterprise, represented by its Proprietor A. K. M. Kutubuddin Khan……………Petitioner  Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj and others………Respondents Judgment May 10, 2007. Lawyers In......sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 91

Zainul Abedin Vs. State, 2007, 36 CLC (AD)

....nd no sub­stances 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) 536. ......rocess of Court and to secure the ends of justice; that the peti­tioner filed an application under Section 265(c) of the Code of Criminal Procedure before the Tribunal who without perusing the papers and evidences on records rejected the said application and without explaining the cause of f......to Appeal No. 256 of 2006.                         (From the judgment and order dated the 6th April, 2006 passed by the High Court Division in Criminal Miscellaneous Cas......nd no sub­stances 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) 536. ..

Category: Criminal Law | Date: | Hits: 52

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......s and that respondent has not yet paid the dues so the order of the High Court Division to withdraw the case is illegal. 6.  We have heard the learned Advocate and perused the connected papers includ­ing the impugned judgment. We do not find any substance in the points raised. The...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… Petitioners. Vs. Md. Ferozu......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......charged the Rule. 7. We have heard Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the impugned judgment of the High Court Division and other connected papers on record. 8. The High Court Division held that the trial Court and the appellate Cou......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Jabbar Sarder…........................Petitioner Vs. Assistant Custodian, Enemy Property, Pabna and others………........Respondents Judgment February 2, 2009. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....oforma defendant No. 2 who, is the father of the plaintiff and he submitted two returns one in his own name and another in the name of his son, the plaintiff, who was a minor and a bachelor at the relevant time of his alleged purchase from his father and others and accordingly the Circle Officer......are excess land of the plaintiff and his father; against the said decision the plaintiff filed Appeal No.1/XV/1976-77 before the Additional Deputy Commissioner (Rev) Rajshahi and submitted all the papers and documents and after hearing, the Additional Deputy Commissioner (Rev) dismissed the said......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawy......land of the plaintiff and his father; against the said decision the plaintiff filed Appeal No.1/XV/1976-77 before the Additional Deputy Commissioner (Rev) Rajshahi and submitted all the papers and documents and after hearing, the Additional Deputy Commissioner (Rev) dismissed the said appeal hol..

Category: Property Law | Date: | Hits: 26

Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)

....o sub­stance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ...... and before taking appointment the respondent No.1 obtained some letter of recommendation from the then member of Parliament namely, Mr. Redwan Ahmed, besides the respondents by creating some false papers and documents suppressing his own identity in order to have the license of a Nikah Registra......sent: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Awal…..............................Petitioner Vs. Kazi Md. Abul Basar and others........Respondents Judgment July 22, 2008. Lawyers Involved: ......taking appointment the respondent No.1 obtained some letter of recommendation from the then member of Parliament namely, Mr. Redwan Ahmed, besides the respondents by creating some false papers and documents suppressing his own identity in order to have the license of a Nikah Registrar for the ar..

Category: Civil Law | Date: | Hits: 99

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

.... ground that delay in filing the same was not satisfactorily explained and the order of compulsory retirement of the respon­dent was also not found to have been passed in due compliance of the relevant service rules. Grounds taken for review are not new and these grounds were agitat­ed e......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J General Manager, Postal Insurance, Eastern Region, Dhaka and another……….Appellants Vs. A.B.M. Abu Taher……&h......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..

Category: Administrative Law | Date: | Hits: 159

Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)

.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......py of one of the said deeds on the ground of not being proved. 10. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that question of limitation was correctly decided by the tr......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Murtuza Ali and another.....................Petitioner (In both cases) Vs. Renu Bibi alias Saifu......eous Cases were heard analogous and the pre-emptor respondent examined 2 (two) witnesses and exhibited the deeds and the pre-emptee petitioners examined 3 (three) wit­nesses and exhibited some documents. After hearing the learned Assistant Judge by a single judgment and order dated 08.03.199..

Category: Property Law | Date: | Hits: 24

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

....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) 488. ......ring, the High Court Division dis­charged the Rule. 4. We have heard the learned counsel, and perused the impugned judgment and order of the High Court Division and other con­nected papers. 5. As it appears the High Court Division discharged the Rule holding that admitted&s......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol......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) 488. ..

Category: Procedural Law | Date: | Hits: 66

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....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) 485. ......hy;charged the Rule. 4. We have heard the learned Advocate-on-Record appearing for the petitioner, perused the impugned judgment and order of the High Court Division and also other connected papers. 5. As it appears the High Court Division discharged the Rule holding that it is the ...... 485. ......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) 485. ..

Category: Employment/Service Law | Date: | Hits: 66

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......ove submissions. 12. Heard the learned Counsel appearing for the appellant and perused the leave granting order and the impugned judg­ment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division ought to have held that the al......ate-on-Record-For the Appellant. Dr. M. Zahir, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record-For the Respondent. Civil Appeal No.138 of 2004. (From the judgment and order dated 23.01.2000 passed by the Appellate Division in Writ Petition No.1177 of 1999.) ......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28