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Special Reference No.1 of 2009, 38 CLC (AD)
....iamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdr......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......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: ......Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....…………………………Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709....... which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………..............Petitioner (In all the Cases) Vs. Lal Miah@ Abdul Bari…….........Respondents (In Criminal Petition No. 270 o......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ...... appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....tioner (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 Public Works, Secretariat Buildin......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......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......pute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..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. ......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 ......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. ...... Ed. This Case is also Reported in: VI ADC (2009) 698. ..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. ......t: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Saleh Ahmed and others……………………......Petitioners Vs. Amena Bewa and others…………….........Respondents ......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. ......ordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..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. ......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 ...... 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. ...... leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..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.......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......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.......ave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
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. ...... Md. Abdul Aziz J Indrajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, ......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. ......ordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..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. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment Februar......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. ...... Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....I ADC (2009) 661, 63 DLR (AD) (2011) 122....... 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......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.......ssed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...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. ......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 ...... 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. ......appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....llary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangladesh. He also submits that the High Court Division committed illegality in upholding the argu...... 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......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. ......lso Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....ed an application for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri......) 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,...... 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. ...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..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. ......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......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. ......ent. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....ter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plaintiff submitted the bill of lading to defendant No. 7, Agrani Bank, the L/...... Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......oners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment March 12, 2009. Lawyers Involved: Dr. M Zahir, Senior Advocate with Md. Azizul Haq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitio..Category: Business or Commercial Law | Date: | Hits: 178
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. ...... (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......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. ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....lso Reported 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. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......tion is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....e Tribunal was justified in dismissing the appeal in limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit un......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......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. ...... (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ...... Md Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......ed in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
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