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M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)

....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......d Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents Lawyers Involved: ..

Category: Banking Law | Date: | Hits: 120

Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)

....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......bsp; Sarat Chandra V. Bijoy Chand, AJR 1937 PC 46 atp.47. Kishore Chandra Vs. Ganesh Prasad, Am 1954 SC 316 at p 320; Jagir Kumar vs. Jaswant Singh, AIR 1963 SC 1521. Moulvi Md. Khurshid Alam vs. Bangladesh 50 DLR (AD) 82. Kazi Md. Amirul Islam vs. Bangladesh 16 BLD (AD) 110;Kazi Imamuddin Bhu..

Category: Constitutional Law | Date: | Hits: 178

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....ted 23.04.1991 passed by the learned Senior Assistant Judge, Sadar, Madaripur in Title Suit No. 153 of 1986 decreeing the suit. 2. Short facts are that the plaintiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease grante......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......was enlisted as enemy property and Abdul Latif Molla who was borgader applied for lease and was granted lease by the Government on 09.07.1970. After the liberation of the country Biraj came back to Bangladesh and filed objection against the lease granted in favour of defendant No.1 but his objec..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... appellant No. 1. Ed...

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ...... Ed. ..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... Ed. ..

Category: Administrative Law | Date: | Hits: 124

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- Idris Miah vs. Bangladesh and others 10 BLC (2005) HCD 728. Lawyers Involved: Saiful Reza, Advocate..

Category: Banking Law | Date: | Hits: 121

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

.... to 06.03.2003 of M/S Chemico Laboratories Limited (writ petitioner), collected copies of MUSAK-19 and related current accounts (MUSAK-18) from Rajshahi circle-1 and collected other papers along with declaration source of value and found that the writ petitioner without writing the said purchased ra......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......J Md. Tafazzul Islam J Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others...

Category: Fiscal/Taxation Law | Date: | Hits: 85

Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)

....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......ision (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and Rural Develo..

Category: Election Law | Date: | Hits: 120

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......resent: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Bang..

Category: Election Law | Date: | Hits: 119

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

.... 10. The appellant filed the Title Suit No. 135 of 1995 in the 5th Court of Subordinate Judge, Dhaka seeking the reliefs as stated hereinbefore. The relief so sought in the title suit primarily for declarations that the decree passed in the Artha Rin Adalat case and the proceedings of the Executio......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......Respondents Judgment July 31, 2005. Result: The appeal is dismissed. Cases Referred to- Union of India and another vs. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Seni..

Category: Civil Law | Date: | Hits: 130

Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)

....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......ent: Mainur Reza Chowdhury J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and ot..

Category: Others | Date: | Hits: 106

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....eading to this petition, are that the plaintiff-petitioners instituted Title suit No.145 of 1992 in the Court of Assistant Judge, 4th Court, Dhaka on 11-7-1992 against the present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......est bidder for Tk. 84,00,000/- (Tk. eighty four lacs) only; that Abdul Khaleque Bain was a citizen of Pakistan and the plaintiff No. 1 has created deeds from Abdul Khaleque Bain by bringing him to Bangladesh; that the terms and conditions of section 8 and 9 (D) of the tender form were not applic..

Category: Property Law | Date: | Hits: 54

Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)

....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... No. 95 of 1970 claiming a sum of Rs. 1,35,000/-due on a contract for the construction of Rajshahi Medical College. The suit was pending after liberation and on application filed by the Government of Bangladesh, under Article 3(2) of the Bangladesh (Legal Proceedings) (Special Order), 1972, briefly ..

Category: Others | Date: | Hits: 106

Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)

....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......hahabuddin Ahmed J Udaypur Halima Darul Ulum Madrasha and others ……………………………….Appellant. Vs. Bangladesh, represented by the Secretary, Minis­try of Land Administra­tion and Land Reform..

Category: Property Law | Date: | Hits: 93

People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)

.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh repre­sented by the Deputy Commissioner, Sylhet and others ..........Appellants. ..

Category: Property Law | Date: | Hits: 44

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....on with the grantor, a pardanashin lady. 12. The next decision is in the case of Mirza Sajjad Hussain vs. Nawab Wazir Ali Khan 39 I.A. 156. Here the suit was brought by the plaintiffs praying for declaration that all the property comprised was a waqf and the plaintiffs were trustees under the de......is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)

....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...

Category: Property Law | Date: | Hits: 67

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... (AD) (1980) 233 ..

Category: Property Law | Date: | Hits: 85

Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)

....e the orders of the High Court and that of the Sessions Judge and direct that the procee­dings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the procee­dings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......ined for tak­ing cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully cov­ered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In the Seraj Mia's case it has been held t..

Category: Criminal Law | Date: | Hits: 33