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Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....ng pointed out to the Court has not been considered in the judgment. 16. We are further required to consider the submissions that the action of the appelÂlant in an extraordinary situation at the relevant time might have necessitated passing of the order of detention on the doctrine of necessity......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. ......l Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repreÂsented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman …………………………â......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. ..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. ......one Board of the Government of Bangladesh was the custodian of the cash and cash book who went to leave preparatory to retirement on 2nd March, 1992, but did not hand over the cash books and other papers to new Cashier, A.F.J. Rozario violating the instruction of the said office and the office e......……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner...... 2nd March, 1992, but did not hand over the cash books and other papers to new Cashier, A.F.J. Rozario violating the instruction of the said office and the office examined the cash books and other documents and thereafter, the authority investigated and found that the Cashier, Abdus Salam Khan e..Category: Criminal Law | Date: | Hits: 62
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......iscarriage of justice. Hence the impugned judgment and order deserve interference by this court. 9. We have heard Mr. Md. Nawab Ali and perused the impugned judgment and other connected papers. We regret, we do not find any merit in the points urged and hold that the High Court Divisi......Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High Court Division in Criminal Appeal No.870 of 1995). ......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..Category: Criminal Law | Date: | Hits: 41
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. ......1 was directed to pay Tk.6, 38,797.63 to the appellant within 60 days. We have heard Mr. Mahbubey Alam, the learned Counsel for the petitioner in all the petitions and perused the connected papers. 4. His only argument is that since this Court has granted enhanced amount, the appel......m J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, represented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In ......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......he Rule as noticed earlier. 5. We have heard Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The trial court and appellate court upon consideration of the materials on record...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..Category: Property Law | Date: | Hits: 23
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....2/3216/1/C dated 9.4.2002 and in the certificate the PSI Agent certified the manufacture year of the imported vehicles as 1997 and the vehicles are imported as per import policy of the country at the relevant time. After shipment of the goods the respondent received the invoice, bills of lading and ......t petitioner filed an application before the writ-respondent No. 1 for C.P for the said vehicles on 29.5.2002 with all necessary documents. That thereÂafter the writ-respondent No.1 wanted cerÂtain papers dated 3.7.2002 and the writ petitioner in complying with the letter submitted the wanted docu......28, 8 LG (AD) (2011) 28. ......97 and the vehicles are imported as per import policy of the country at the relevant time. After shipment of the goods the respondent received the invoice, bills of lading and other relevant shipping documents from the L.C. opening bank after endorsement. That after arrival of the goods at Chittagon..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. ...... Khan Saifur Rahman, the learned Counsel for the petiÂtioners and Mr. Bazlur Rahman, the learned Advocate for respondent No. 1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the writ petitioner and the added respondents were appointed ...... 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. ..Category: Employment/Service Law | Date: | Hits: 86
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. ......t. The estimated cost, of the package was U.S. Dollar 4.296 million as reflected in the procurement plan approved by the World Bank. Invitation for Bids was published in various newspapers in Bangladesh including "Prothom Alo" dated 20.1.2006 and 3(three) bidders namely,...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La...... the respondent No.1, writ-petitioner, was non-responsive without proper appreciation of the fact that the respondent No.1, writ-petitioner, submitted its bid having fully disclosed in its bid documents that it participated in the bid as an agent of its disclosed principal, Automatic Identi..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....ut it has the power to interfere with the order of an authority when the authority commits manifest error of law or its finding is without any basis; in the present case there was failure to follow relevant provision of law and there was also violation of principal of natural justice due to ......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank ..................................Appellant Vs. Md. Zalaluddin and others ……….....Respondents Judgment February 1, 2007. ......t the learned Administrative Tribunal found that the allegation regarding irregularities made by the respondent No.1 in advancements of agricultural loans were proved in the departmental inquiry by documents in as much as the respondent no. 1 did not obtain the signature of the local chairman an..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....whether any suit being T.S. No. 308 of 1993 was ever filed by the defendant No. 1 Munsif, 2nd Court, Dhaka now Gazipur thereupon informed in writing on 25.3.1990 that no such suit was filed as the relevant suit register did not show filing of such a suit in the court of Munsif, 2nd Court, D......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. ......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred......of the Government has been looking after and managing the same. S.A. and R.S. Khatian was therefore prepared in the name of the Forest Department. The defendant Nos.2 and 3 by creating some forged documents of the suit land filed T.S. No. 29 of 1984 in the Court of the Assistant Judge, Kaliakoir..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are disÂmissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......itures of the Mosque. Some of the Monthly tenants of the Waqf properties defaulted in payment of rent. So suit was filed for eviction against those tenants from the Waqf property. She handed over the papers of the suit property to one Zahiruddin, her close relation. A few days after, Zahiruddin taki......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are disÂmissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......he learned Deputy Attorney General for the appellant and Mr. Md. Mozaffar Hossain, the learned Advocate for respondent No. 1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the premises namely F/G/7, Sher Shah Colony (Housing Esta......ar Hossain, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 187 of 2000. (From the judgment and order dated 21.10.1997 passed by the High Court Division in Writ Petition No. 1067 of 1993). ......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......007) 855. ...... in the name of the company and the fees were paid from the account of the company; further the petiÂtioner took away all the important docuÂments of the company including the cheque books, customs documents and all documents relating to its accounts and also withdraw Tk. 8,00,000/- (taka eight la..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....t legally sustainable while the same tantamount to fresh trial of the subject matter of the suit upon allowing a party in the suit, who was negligent in bringing on record the materials which were relevant for adjudication of the subject matter of the suit or in other words to allow a party to f......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ase is also Reported in: IV ADC (2007) 849. ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ...... in: IV ADC (2007) 841. ......uld not prove even the specific year of dispossession not to speak of the specific date but even then the trial court decreed the suit; the High Court Division failed to consider that all the documents relating to the suit land including the kabalas executed by the proforma defendant No.4 i..Category: Property Law | Date: | Hits: 63
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....essa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. 3. For proper appreciation of the questions relevant facts may be stated thus: The property described in the schedule to the plaint belong......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ip;………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involve......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....n the ambit and scope of every transfer" mentioned in the section. After the enactment of the State Acquisition and Tenancy Act, 1950 provisions relating to the transfer of land of a raiyat which are relevant for our purpose are contained in sections 88 and 89 of the Act. Section 88 provides— ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......buddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dism......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ved the petitioner moved this Court. 9. We have heard Mr. Saidur Rahman, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 10. In this connection we like to mention that it was a special case against a publi......ted by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Criminal Revision No. 652 of 1993.)......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abul Hossain and Brothers, 16/E, Chota Katara (Near Chawk Bazar) Dhaka…...Petitioners Vs. Rupali Ba......ssisÂtance and accordingly the said Bank sanctioned Tk. 15,00,000/- on 22-09-1993. The period of payment(sanction period) was up to 31-08-1994; and for which the petitioner executed necessary charge documents in favour of the plainÂtiff-Bank and the defendant-respondent Nos. 3-5 stood as guarantor..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......report dated 24.06.2001 was not at all satisfactory. 3. We have heard Mr. N.K. Saha, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 4. The learned Single Bench further held that the original suit was one under section 77......K. Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 938 of 2005 (From the judgment and order dated 19.03.2005 passed by the High Court Division in S.A. No. 302 of 1979). Judgment ......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
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