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Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....terial allegations and contending that the case is not maintainable, barred by limitation, the performance of the respondent as godown officer was not satisfactory and he did not discharge his duties properly and he did many irregularities for which Bangladesh Krishi Bank incurred huge loss and as s......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 ......rvice and he submitted reply to the same denying the allegations made against him and stating that he is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simply complied with the orders of his controlling authority but on 23.9.1993 a ..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....it necessary in the public interest. Section 18 of the Customs Act speaks of a rate of duty which could be upto 100% or value on that but section 19 speaks of exemption as the Government deem fit and proper in the public interest and in that view of the matter these two sections do not control each ......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: ......s and condition specified therein. The petitioners alleged that their vested right cannot be taken away by subsequent SRO No.158 dated 12.6.2003 which not only deprived them of their right but also illegal and malafide. Upon arrival of the consignment at the customs frontier the importer submitted t..Category: Fiscal/Taxation Law | Date: | Hits: 72
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....being aggrieved by the judgment passed in Arbitration Miscellaneous Case No. 22 of 1993 have filed appeals. 9. The appellate Court observed " As per above provision Public Works Department is the proper authority to assessing the value of the buildings and other structures of acquired land but i......e is also Reported in: 62 DLR (AD) (2010) 255. ......scellaneous Appeal No.45 of 1994 that the trial Court passed the award on the basis of the assessment of value of the building and other structures as made by a private engineering firm which was not legal because of the provisions of law as in Rule 8(3) of the Acquisition of Immovable property Rule..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nt: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J M/s. IBTA Bangladesh (Pvt.) Ltd. represented by its Managing Director, house No. 25/B, Road No. 9/A, Dhanmondi, Dhaka and another.............Petitioners Vs. Government of the People's Republic of Bangladesh,......lat Ain, 2003 and also alleging violation of fundamental rights as are in Articles 27, 31, 40 and 42 of the Constitution of the People's Republic of Bangladesh. The writ petitioner also challenged legality of the judgment and decree (in preliminary form) dated July 19, 2003 passed in Title Suit ..Category: Civil Law | Date: | Hits: 98
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: ...... 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...... 2007 passed in the aforesaid writ petition. 2. The writ petition was filed by the mother of aforementioned boy and girl, alleging inter alia that the said boy and girl are being detained illegally by the writ respondent Nos. 1-3 i.e. father, grand father and grand mother. 3. The H..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background 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: ......also Reported in: ......f usufractuary mortgage their predecessor Ramhari Kasya got back the possession of the land in suit. There is nothing on the record to show that the recorded tenants' right was extinguished by any legal process and that landlord(s) got possession upon making the rayati interest of the recorded t..Category: Property Law | Date: | Hits: 28
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
....riage of justice to the petitioners and deprived them from getting opportunity of taking contradictions of the statement of prosecution witness which was essential for proper adjudication for the ends of justice; that in case involving capital punishment th......ADC (2009) 539. ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ..Category: Criminal Law | Date: | Hits: 40
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. ......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......g charge without applying his judicial mind and as such the proceeding of the instant cases is liable to be quashed; that the alleged order of not discharging the petitioners got no legal basis and as such the impugned judgment and order is liable to be set aside for the ends of J..Category: Criminal Law | Date: | Hits: 52
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ...... Md. Abdul Matin J Md. Nasir Uddin………………….... Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka and another .......Respondents Judgment September 27, 2007. Lawyers Involved: ......e aforesaid bank for encashment on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged lawyer by registered A/D in present and permanent address of the..Category: Criminal Law | Date: | Hits: 40
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....2; acres of land described in schedule Ka of the plaint and also for declaration that the compromise decree dated 17.6.77 passed in Title Suit No.68 of 1997 in respect of the above Ka schedule property, being obtained fraudulently, is not binding upon them on the averments that the Ra......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another…………………………….......rove his case and moreover so far the second declaration sought by the plaintiff there is no material on record by which the compromise decree passed in Title Suit No.68 of 1977 could be declared illegal or void. 7. We are of the view that the High Court Division on proper consideration of..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....it No.69 of 1982 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit property which he got by purchase from the proforma defendant No.2 vide Sale Deed Nos. 214001 dated......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......ivision and also other connected papers. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The pet..Category: Property Law | Date: | Hits: 26
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....absence without prior permission of the concerned authority rendering the respondent liable for compulsory retirement and the respondent having been proved guilty for such unauthorized absence on a proper departmental injury. 6. Mr. Enayutur Rahim, the learned Additional Attorney General......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......ce on 10.3.1998 to which the respondent replied on 28.3.1994. The appellant without considering the facts and circumstances of the case and the provisions of law applicable in the case most illegally and with malafide intention passed an order dated 18.5.1994 retiring the respondent from se..Category: Administrative Law | Date: | Hits: 159
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....posite party No. 2 would suffer irreparable loss and injury. The opposite party No. 2 applied for registration of its product namely "Bangladesh "Yellow Pages" in due course and proper scrutiny by the Registrar and publication of required notice in the Trade Marks Journal No....... Md. Tafazzul Islam J Md. Joynul Abedin J M/S Yellow Pages (Pvt.) Ltd.............................................Petitioner Vs M/S Business Data Information Ltd. and another…...........Respondents Judgment December 4, 2008. Lawyers I......ified by removal of the said Trade Mark from registry under section 46(2) of the Trade Marks Act,1940 and that the said Trade Mark was registered without sufficient cause and without providing legal coverage. 3. The defendant No.2 by filing affidavit-in-opposition stated, inter alia, ..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....s entitled to get benefit of section 14 of the Limitation Act for condonation of delay consumed due to wrong advise of his lawyer. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol......umed due to wrong advise of his lawyer. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The pet..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
.... raised by the defendant is not tenable in law in view of the decision reported in the case of Choumohini College reported in 26DLR 10. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg...... 485. ......ng declaration that the order dated 23.3.99 under the signature of the Head Master/Member Secretary of Dishari High School Managing Committee suspending her from the post of Assistant Teacher is illegal, void, collusive and not binding upon her and she is still in service, on the averments ..Category: Employment/Service Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....hedule Kha and that Delwar Sheikh has transferred an area of 11.82 acres of land only out of schedule Ka and kha by an unregistered deed of Heba dated 19.6.48 and thereafter he died leaving behind no properties; that the land of schedule Ga and Gha belonged to Maherunnessa, the predecessor in intere......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nurjahan Begum…………………………............Petitioner Vs. Nur Rahman and other ............................Respondents Judgment August 11, 2008. Result: The ......ossession vide the decision reported in 7 DLR 94. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. 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) 466. ...... Md. Joynul Abedin J Md. Abdul Matin J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others…… ......... Petitioners Vs. Md. Feroz Alam……&h...... Hence the present petition for leave to appeal. 7. Mrs. Naima Haider, the learned Deputy Attorney General for the petitioner submits that the writ respondent-petitioner No.4 made no illegality or irregularity in imposing penalty for the mischievous conduct of the writ petitione..Category: Business or Commercial Law | Date: | Hits: 163
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ce 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, was declared as vested property and was leased out to the defendant No.1 and thus the defendant Nos.1 and 2 who have no ri...... in: VI ADC (2009) 464. ......s plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, collusive, null and void, fraudulent and not binding upon them on the averments that Jagaban..Category: Property Law | Date: | Hits: 34
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....es gave the accused benefit of doubt, set aside his conviction and acquitted him. Leave was granted to consider whether theses two findings of the appellate Court are based on correct and proper appreciation of the evidence on record or whether these findings are perverse causing f......Appellant. A. K. Badrul Huq, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1990. (From the Judgment and Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal A......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....onsisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appellate Tribunal to be heard and disposed of by a properly constituted Tribunal in accordance with law. 4. The Administrative Appellate ...... Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred t......le absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appellate Tribunal to be heard and disp..Category: Administrative Law | Date: | Hits: 110
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