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Special Reference No.1 of 2009, 38 CLC (AD)
....rted back to the President should be binding on all courts in the country including the High Court Division except the Appellate Division rendering the opinion. 5. The President acting through the Ministry of Law, Justice and Parliamentary Affairs vide memo No. বিচার-৩/১ এম-৬/......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. 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: 61 DLR (AD) (2009) 122. ......03. 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: 61 DLR (AD) (2009) 122. ......(AD) (2009) 122. ......vision (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Janab Ali (Md.) and another..........................Petitioners Vs. Salema Khatun and others...........................Respondents Judgment Ma..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secretariat Building, Dhaka and others.......Respondents (In ......, 5757, 5758, 5759, 5795, 5796, 5797, 5799, 5800, 5801, 5802, 5803 of 2000 discharging the Rules obtained challenging the Memo dated 16.11.2000 under the signature of the Assistant Commissioner of Land, the respondent No.9, canceling the allotment of rehabilitation Plot No.24/2, Block E, Mohamma......ed in: VI ADC (2009) 702. ......Bithi)...................Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Publi..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance 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) 698. ......nd no substance 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) 698. ......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others&hell......n CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment ..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......in: VI ADC (2009) 695. ......t: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Saleh Ahmed and others……………………......Petitioners Vs. Amena Bewa and others…………….........Respondents ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......so Reported in: VI ADC (2009) 680. ......ion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bashudev Ghosh and others…................... Petitioners (In both the cases) Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah and others…........Respondents (In both ..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231....... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank, Shilpa Bhaban Corporate Branch, Dhaka……..Petitioner Vs. Artha Rin Adalat, Narayangonj and others……........Respondents Judgment April 12, 2009. Lawyers Involved: M. A......llate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank, Shilpa Bhaban Corporate Branch, Dhaka……..Petitioner Vs. Artha Rin Adalat, Narayangonj and others……........Respondents Judgment April 12, 2..Category: Banking Law | Date: | Hits: 373
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......nvolved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by the High Court Division in Civil Revision No. 1079 of 2008) ......rim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Saheb Ali Dewan………………………….....Petitioner Vs. Md. Zahirul Hoque Dewan…………............Respondent Judg..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... of the view that the plaintiff having already had recourse to the procedure provided under the State Acquisition and Tenancy Act and the higher authority, i.e. the Assistant Commissioner of Land, Bagerhat earlier set aside the said impugned prayer of the suit, should not be allowed aft...... is also Reported in: VI ADC (2009) 676. ......ul Amin CJ Shah Abu Nayeem Mominur Rahman J Gour Chandra Majhi………………………………….Petitioner Vs. Shusen Kumar Mondal and others…........Respondents Judgment June ..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......rajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, 2009. Lawyers Involved: ...... Md. Abdul Aziz J Indrajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ...... Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Invol...... Md. Tafazzul Islam J Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment Februar..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... construction on the suit land, the defendant petitioner Nos.1-7 illegally resisted him form setting up a market on the suit land; thereafter Rustom Ali submitted an application on 30.1.1974 to the Ministry of L.A. and L.R informing the alleged incident and praying for his possession in the suit......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) 661, 63 DLR (AD) (2011) 122.......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv...... Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 200..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... Abedin J Shah Abu Nayeem Mominur Rahman J Md. Badaruddin Howlader …………………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009.......d Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Badaruddin Howlader …………………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......nayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 2004) Golam Mostafa and others....Respondent (In Civil Appeal No.108 of 2004) Anowara Begum.........Respondent ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Rajdhani Unnayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 200..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......d. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Invo......) Present: Md. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9,..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......on-Record— For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June..Category: Criminal Law | Date: | Hits: 53
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ...... 334. ...... (Criminal) Present: MM Rahul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Mohammad Mostafa alias Dayemuddin and another..........................Appellants Vs. The State..................................Respondent Judgment April 6, 20..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......idash Paul, Advocate-on-Record-For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No. 490 of 2007. (From the judgment and order dated the 26th day of February, 2007 passed by the High Court Division in Criminal Appeal......Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Shajahan Ali alias Md Shajahan ...........................Petitioner Vs. The State, represented by the Deputy Commissioner, Kishoregonj...........Respondent ..Category: Criminal Law | Date: | Hits: 52
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... exists a closed fishery named "Color Beel" which being unutilized for long time but still eligible for cultivating fish, the writ petitioner submitted an application before the Minister, Ministry of Fisheries and Livestock, Government of Bangladesh on 22.12.1992 praying for lease of th......of Bangladesh on 22.12.1992 praying for lease of the said fishery and offered a development scheme of the said unutilized closed fishery. The said application was sent to the Secretary, Ministry of Land for consideration of the prayer for lease. Later, on 12.2.1995 the writ petitioner again file......d in: 14 MLR (AD) (2009) 312. ......te Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh and others..................................Petitioners Vs. Sirajuddin Khan.....................Respondent Judgment April 5, 2009. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1......ent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Matiur Rahman Chowdhury..........................Petitioner (In both the cases) Vs. The Commissioner of Taxes, Dhaka ...............Respondent (In both the cases) Ju..Category: Fiscal/Taxation Law | Date: | Hits: 89
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