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Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....f the said plot in his favour. 3. In the aforesaid premises the writ petitioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present petitioners to show cause as to why they should not be directe......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......ziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Civil Appeal No. 290 of 2007) Vs. Mostafa Kamal and others.....Respondents (In both cases) Judgment April 27, 2009. C......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
....0) 201.......llate Division
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another…......ent:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another….........Respondents
Judgment ......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....t. Since purchase the respondent No.3 had been in possession of the house but in the meantime the property was enlisted in the 'Kha' list of the abandoned property in Gazette date 22.09.1986 in Bangladesh Gazette Extra-ordinary published under abandoned building (Supplementary Provision) O......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......vision (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment Feb......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....om India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence of Bangladesh, the marriage ceremony of his daughter, the respondent was solemnized in the said house 0......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent ...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
....nishing agent is 5% and that the goods were seized illegally without any valid document and without issuing any seizure list. In the supplementary affidavit the writ petitioner submitted that the Bangladesh Standard Testing Institution, a Government testing organization, on chemical examination ......) 65.
......vil)
Present:
Md. Ruhul Amin CJ
MM Ruhul Amin J
Md. Abdul Matin J
Commissioner of Customs, Customs Excise and VAT, Chittagong & others......Petitioners
Vs.
Talha Tex Pro Limited..............Respondent
Judgment
March 27, 2008.
...... High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 65.
..
Category: Fiscal/Taxation Law | Date: | Hits: 253
....bills of the PSI Agencies.
4. The writ petitions were filed more or less with the common contentions, that PSI Agencies were appointed by the Government to render service outside Bangladesh and that VAT being levyable for service rendered in Bangladesh hence PSI Agencies are not......t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd.......
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd. and another.......Respondents (In Civil Appeal N......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....ments in spite of objections raised by the defendant Bank and the plaintiff on 24-7-2008 filed an application under Order XXVI, rule 9 of the CPC for audit of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................l) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others................Respondents Judgment June 21, 2009......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......n (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State........................Petitioners Vs. Haque alias Abdul Hoque and others.......Respondent Order February 24, 2010. Lawyers Involved: ......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State........................Petitioners Vs. Haque alias Abdul Hoque and others.......Respondent Order February 24, 201...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ...... Karim J Md. Tafazzul Islam J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 2008. The Criminal L...... CJ Md. Fazlul Karim J Md. Tafazzul Islam J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 20......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prev......vision (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J MM Hossain J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, ....... ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave ...... 217. ......sion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....(Civil)
Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal...........Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe...... J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008).
Vs.
Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ted by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High Court Division in Civil Revision No. 3872 of 2004.) ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Chan Miah......................Petitioner. Vs. Md. Dabirul Islam Khan @ Muku Miah & Others....................Respondents. Ju....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
.... doctrine of lis pendens and also under Order 23 Rule 1(3) of the Code of Civil Procedure.
Section 52 of the Transfer of Property Act runs as under:-
"52. During the (pendency) in any Court (in Bangladesh) of (any) suit or proceeding (which is not collusive and) in which any right to immovable......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......l Matin J
Md. Abdul Aziz J
Mohiuddin Khan and another..........Appellant (In Civil Appeal No.8 of 2005).
Sree Mon Mohan Shaha and another .......Appellants (In Civil Appeal No.9 of 2005).
Vs.
Shihamul Haque being dead his heirs Hasina @ Ila Begum and others................Respondents ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....lar. 3. They also seized from the house 5(five) international passports belonging to other family members of the accused on the allegations that the accused brought those foreign currencies into Bangladesh and kept them in his custody by evading custom duties and thus committed the offence unde......e…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers I......upreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The pe......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....t only violative of section 17(2) (b) of the Madrasa Education Ordinance. 1978 but also violative of the scheme of the said Ordinance as reflected in section 3(1) thereof which authorizes the Bangladesh Madrasa Education Board only to regulate, control, supervise, develop and improve t...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Secretary, Ministry of Education and others…………………Appellants Vs. Mowl......mmad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Secretary, Ministry of Education and others…………………Appellants Vs. Mowlana Wahiduzzaman and another…………………&......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) ......bedin J Shah Abu Nayeem Mominur Rahman J M/S. R.M. Salt Crushing Industries……………………………....Petitioner Vs. Sonali Bank, Cox's Bazar Branch & others ......................Respondents Ju......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009....... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......esent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 200......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......I ADC (2009)1006. ......Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J A. Hakim Gazi and others…………………………Petitioners Vs. Gazi Safiqul Islam and others…................Respondents Judgment J......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
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