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Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....fter the liberation the plaintiff on several occasions communicated with the defendant No.1 insisting him to execute the kabala. In reply the defendant No.1 repeatedly assured that he would return to Bangladesh and complete the execution in no time. While the plaintiff was ahead of defendant No.1, t......rted in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Enamul Huq and others…………………………Petitioners Vs. Bijoy Chandra Khasnabish and others………....Respondents Judgment December 15, 2008.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ...... Shah Abu Nayeem Mominur Rahman J Rada Rani Nath………………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Du......lip;………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Dutta and others….........Respondents (In both the cases) Judgme......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......eem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Invol......n J Shah Abu Nayeem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 20......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)

.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..

Category: Constitutional Law | Date: | Hits: 228

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petit......ent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010.......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)

....9, 154. ......Bhuiya, Advocate-on-Record, For the Petitioners; Not represented-the Respondents. Civil Petition For Leave To Appeal No. 603 of 2007    Order We have heard the learned Counsel and perused the judgment and order of the High Court Division and other materials in the paper book....... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Islami Bank Bangladesh Ltd. & Ors.........................Petitioner   Vs. Md. Sirajul Islam.....................................Respondent Judgment July 28, 200......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ..

Category: Civil Law | Date: | Hits: 109

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....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: 17 BLT (AD) (2009) 306. ......J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. Lawyers ......: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents ......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: 17 BLT (AD) (2009) 306. ..

Category: Civil Law | Date: | Hits: 191

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ...... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J......J Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others…………………&hell......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

.... Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referred To- 45 DLR (AD) 69; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85; Bangladesh, represented by the Secretary, Ministry of Establi...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referred T......ent: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 1......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....zia……………………………………Respondent Judgment May 19, 2009. Cases Referred To- Jamini Ranjan Jala Das Vs.  Board of Trustees, Port of Chittagong and others 33 DLR 300; Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury 29 DLR (S.C) 41; V.P. Ah......) 190, VIII ADC (2011) 307....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J The National University and others………………Appellants Vs. Begum Sultana Razia……………………………………Respondent Judgment May 19......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...

Category: Employment/Service Law | Date: | Hits: 118

G M M Rahman Vs. State, 2009, 38 CLC (AD)

....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ...... Abdul Matin J Md. Abdul Aziz J G M M Rahman…………………………………Appellant Vs. The State and another…………………….Respondent Judgme......l Islam J Md. Abdul Matin J Md. Abdul Aziz J G M M Rahman…………………………………Appellant Vs. The State and another…………………….Res......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ..

Category: Criminal Law | Date: | Hits: 106

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Country Director, International Bank of Reconstruction and Development (known as World Bank) …………………&helli...... Country Director, International Bank of Reconstruction and Development (known as World Bank) ………………………….. Petitioner Vs. Ismat Zerin Khan………………………&...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..

Category: Employment/Service Law | Date: | Hits: 104

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

.... Rule 19Gha of the Emergency Powers Rules, 2007 even with a non-obstinate expression. Cases Referred to- Secretary of State Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (......his Case is also Reported in: ......llaneous Jurisdiction) Present: Nozrul Islam Chowdhury J SM Emdadul Hoque J Moyez Uddin Sikder and others…………………………………Accused- Petitioners (On Surrender) Vs. The State, represented by the Deputy Commissioner, Khulna……………… Opposition Party......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....e is also Reported in: VI ADC (2009) 952. ......9) 952. ...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Power Development Board and others........Petitioners (In all cases) Vs. M/s. Arab Contractor, (BD) Limited and others…...Respondents (In all cases) ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....ajid Dobhash and that later on by the Ext. 'Uma' in 1965 Abdul Majid Dobhash gifted the land by a deed of gift. At no point of time defendants have paid rent to the landlord or to the Government of Bangladesh and that no tax or levy was paid to the municipal authority and that no municipal holdi......ohammad Fazlul Karim J                   Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut......nbsp;          Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institute, through Head Master & Secretary Ahmed Ullah Faruqui........Respo...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..

Category: Property Law | Date: | Hits: 82

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....eme Court Appellate Division (Civil) Present: MM Rahul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Administrator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain...................ator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3, 2009. Lawyers Involved: ......d. Abdul Matin J Administrator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3,......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land and others 9 BLC (AD) 56; Sadeque Uddin Ah......nts (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis......pellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Most. Sufia Khatoon ………...........Petitioner (In all cases) Vs. Mrs. Mahabuba Rahman & others……….......Respondent (In Civil Petition No. 2052 of 2008) ......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

.... 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: VI ADC (2009) 901. ...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo......Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment ...... 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: VI ADC (2009) 901. ..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....g departments of the Government, the Customs Department has primarily been authorised by an Act of the legislature, namely, Customs Act, 1969 to deal with the import and export of goods into and from Bangladesh. Their authority to deal with offences and penalties is provided in the Table below secti......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......t: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J A.K. Reazul Karim..................................... Appellant Vs. State....................................................... Respondent Judgment Aug......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

..../- and again by letter dated 27.12.1986 the petitioner was rewarded with incentive award of Tk.1,860/-. The petitioner passed the Banking Diploma Examination in 1989 from the institute of Bankers, Bangladesh. 5. In Course of service, being so ordered the petitioner joined as in-charge of ...... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J S. M. Mosharaf Hossain ........................Petitioner Vs. The Sonali Bank and others……...............Respondents Judgment May 31, 2009. Law......(Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J S. M. Mosharaf Hossain ........................Petitioner Vs. The Sonali Bank and others……...............Respondents Judgment ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423