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Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....rived 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: V ADC (2008) 51. ......rived 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: V ADC (2008) 51. ......ivil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Shahidul Hoq @ Md. Shahidul Hoq............... Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner & others, Comilla………&hel..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....Charge (now Joint District Judge), First Court, Chittagong in Other Suit No.39 of 1974 decreeing the suit. 2. Bijoy Kumar Sarbabidya, the predeces­sor of the petitioners, filed the above suit for declaration of title in the suit land on the averments, inter alia, that Surendra Chandra Ghosal, fa......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... Appellate Division (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bijoy Kumar Sarbabidya……………………….Petitioner Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result:  The petit..

Category: Property Law | Date: | Hits: 39

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ...... Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. ..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....r of the plaintiff was subsequent to the deed of gift and consequent thereupon person through whom plaintiff claimed the title having had no saleable interest as such plaintiff was required to seek declaration of title in respect of the land in suit but plaintiff did not seek declaration of titl......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......sion (Civil) Present Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………App..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......;           Mohammad Fazlul Karim J. - This application for Leave to Appeal under Article 103 of the Constitution of the People’s Republic of Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Divisi..

Category: Criminal Law | Date: | Hits: 62

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... is total denial and their case is that the deceased did not sustain any injury on the date, at time and place and in the manner as alleged by the prosecution, nor the deceased ever made any dying declaration as alleged, but they have been falsely implicated in the case out of enmity and grudge....... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....aid execution case the petitioner filed Partition Suit No. 97 of 2000 in respect of the same subject matter as that of the said Partition Suit No. 19 of 1962 for partition with further prayer for a declaration that the fins decree passed in the aforesaid Partition Suit No. 19 of 1962 was void an......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ..

Category: Civil Law | Date: | Hits: 88

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......Amin J Md. Tafazzul Islam J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, rep­resented by Land Acquisition Collector, Dhaka & others ……&hel..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....ged deed of settlement exhibit-3(Kha) 'Ka' schedule land by way of inheritance, the Court of appeal below erred in not holding that the suit for simple partition is not maintainable with­out a declaration of title and the High Court Division erred in law in affirming the judgment of the appe......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to- Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19. Lawyers Involved: Fida M. Kamal, Additional..

Category: Business or Commercial Law | Date: | Hits: 139

Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)

....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... This Case is also Reported in: V ADC (2008) 120. ..

Category: Employment/Service Law | Date: | Hits: 86

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

....r Class Suit No. 235 of 1983 decreeing the Suit. 2. Respondent Nos.1-6 as plaintiffs insti­tuted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating th......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. ......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..

Category: Property Law | Date: | Hits: 27

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

....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. ......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. ......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..

Category: Property Law | Date: | Hits: 36

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....ntiff. 12. The plaintiff accordingly submitted his tender i.e. his offer in the prescribed application form, Ext.3, accompanied by pay order of Tk.15,00,000/- by way of earnest money with a declaration made therein that he would abide by the above terms and conditions for sale of the suit......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..

Category: Property Law | Date: | Hits: 33

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

....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. ......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. ......, 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..

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

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

....0 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 No.1......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. ......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 ..

Category: Property Law | Date: | Hits: 35

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

....ssed by the learned Senior Assistent Judge, Dhaka in Title Suit No. 270 of 2000 dismissing the suit. 3. The petitioner instituted the above suit (previously Title Suit No. 98 of 2000) seeking declaration that the order dated 12.9.1999 passed by the defendant No.2, the respondent No.1 herein......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. ...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment ..

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

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

....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. ......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. ...... 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..

Category: Property Law | Date: | Hits: 24

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

....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. ......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. ......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..

Category: Banking Law | Date: | Hits: 112