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Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 30.10.2008 passed by the High Court Division in Civil Revision No.3265 of 2007 making the Rule absolute. 2. The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in resp...... Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Enam Hossain………………Petitioner Vs. Kayesh Miah and others…………………Respondents Judgment November 15, 2009. Lawyers......eal being No.90 of 2006 before the learned District and Sessions Judge, Chora Challan Nirodh Tribunal, Sylhet. The Judge upon hearing the same and on consideration of the facts, circumstances and the evidence on record set aside the order dated 31.10.2006 passed by the Deputy Administrator of Waqfs...Category: Trust/Waqf Law | Date: | Hits: 200
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....ned Senior Assistant Judge, Sadar, Sylhet in Miscellaneous Case No.18 of 2006 rejecting the application for setting aside the order dated 11.03.2007 dismissing the miscellaneous case. 2. The facts, in short, are that the respondents herein as plaintiffs instituted S.C.C Suit No.9 of 2005 ......J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment November 12, 2009. Lawyers Involv......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
.... title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power the finding of facts, whether concurrent or not, arrived at by the appellate Court is final, unless it could be sho...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A......ant Judge dismissed the instant suit being Title Suit No. 106 of 2001, relying on the decree passed in Title Suit No.9 of 1998. It appears that the Appellate Court below on due consideration of the evidences on record allowed the appeal holding that the suit as framed and filed is maintainable ina..Category: Property Law | Date: | Hits: 37
.... made the Rule absolute with direction
upon the respondent to grant the required license in favour of the writ petitioner under Section 11 of the Narcotics Control Act, 1990.
15. In view of the facts and circumstances of the case there is no ground to allow the appeal. However, the operative p......ted in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132...
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
.... Md. Abdul Matin J.- This appeal is directed against the judgment and order dated 22.08.2006 passed by the High Court Division in Writ Petition No.2172 of 2004 making the Rule absolute. 2. The facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Dai......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
.... High Court Division, discharging the Rule and affirming the judgment and order dated 28.04.1997 passed by the Chairman, Divisional Labour Court, Khulna in Complaint Case No.25 of 1995.
2. The facts, in short, are that the respondent No. 2 Md. Golam Nabi filed a Complaint Case being No.25 o......llate Division
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another…......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M......ver a period over a century and that the impugned judgment of the lower appellate Court was not a proper judgment of reversal having regard to the trial court's findings upon consideration of the evidence on record both oral and documentary. 8. It was also submitted that awarding a heavy cost..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....rected against the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No. 265 of 1997 discharging the rule nisi on contest without any order as to costs. 2. The facts, in short, are that the disputed building was allotted to Syed Nazir Ahmed, son of late Syed W......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....in Title Appeal No.175 of 1990 setting aside the judgment and decree dated 30.9.1989 of the learned Assistant Judge, Second Court, Dhaka in Title Suit No.892 of 1985 decreeing the suit. 2. The facts, in short, are that the respondents as plaintiffs filed Title Suit No.892 of 1985 in the Cou...... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ......e on the finding that the judgment and decree arc liable to be set aside as was not made in accordance with law. The plaintiffs totally failed to prove their case by collateral oral and documentary evidence. Against the judgment and decree dated 15.06.1999 the plaintiff preferred Civil Revision No..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....Md. Abdul Matin J. - This appeal is directed against the judgment and order dated 21.11.2001 passed by the High Court Division in Writ petition No.7112 of 1997 making the rule absolute. 2. The facts, in short, are that the respondent's father Manzur Ahmed, a refugee from India was allotted ......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......e government also did not file any affidavit-in-opposition nor supported the case of respondent No. 3. 7. The learned counsel appearing for the appellant submitted that in the absence of any evidence of existence of respondent's father Munzur Ahmed in Bangladesh at the relevant time on 26.0..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
....ainst the judgment and order dated 26th September. 2007 passed by the Administrative Appellate Tribunal. Dhaka in Appeal No.223 of 2003 allowing the appeal in part with modifications. 2. Short facts as placed before the Administrative Appellate Tribunal, Dhaka are that the petitioner Md. Zill...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent ...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
....s petition for leave to appeal is directed against the judgment and order dated 15.05.2006 passed by the High Court Division in Writ Petition No.4087 of 1999 making the Rule absolute.
2. Short facts are that the writ petitioner company opened Letter of Credit on 01.08.1999 for import of 48.75......) 65.
...... High Court 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: VI ADC (2010) 65.
..
Category: Fiscal/Taxation Law | Date: | Hits: 253
.... that services rendered by the PSI Agency is liable to be charge with VAT as a Survey Agency 'জরিপ সংস্থা’ under the service code S020.00 of the VAT Act, 1991 and as such in the facts and circumstances of the case the High Court Division was in error in holding otherwise and th......t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd.......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
.... order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit No. 3 of 2006 allowing the application for auditing the income of plaintiff industry. 2. The facts, in short, are that the plaintiff in order to set up an industry, prayed for a composite inv......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ition for leave to appeal is directed against order dated 3-6-2008 passed by the High Court Division in Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was put on trial before the Special Judge No.2...... Karim J Md. Tafazzul Islam J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 2008. The Criminal L......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....zlul Karim J. - The appeal by leave is directed against the judgment and order dated 23-11-2000 passed by the High Court Division in Writ Petition No. 4786 of 1999 making the Rule absolute. 2. The facts involved in the case, in short, are that the respondent No.1 as petitioner upon obtaining Ma......II ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
.... laid down in PLD 1988 Karachi 99, the matter of assessment of customs duties of the goods in question be sent back to the customs authority for making assessment after hearing the respondents as the facts of the above case are quite distinguishable from the facts of the instant cases. 11. As ...... 217. ......tion of any "indicative value" as done in the present case and the appellants did not also make an attempt to determine normal value under section 25(1) of the Act based on any authentic contemporary evidence upon notifying the importer; further, since the points as raised in the leave stage had not..Category: Fiscal/Taxation Law | Date: | Hits: 86
....Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by this common judgment.
2. These two appeals are directed agains......Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe......e to serve in the executive office lawfully and separation is inevitable in near future. Accordingly, he opted out from the Judicial Officer and absorbed in Legislative Service and this is sufficient evidence of his legitimate expectation to become the Law Secretary. The learned Counsel further subm..
Category: Constitutional Law | Date: | Hits: 207
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....e to appeal is directed against the judgment and order dated 14.07.1999 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf k......ported in: 15 MLR (AD) (2010) 17. ......sted by the plaintiffs. They also filed a review miscellaneous case No. 12/1979-80 against mutation of the names of Defendants. 4. The trial Court on consideration of both oral and documentary evidence dismissed the suit. On appeal being Title Appeal No. 277 of 1993 by the plaintiff the same ..Category: Property Law | Date: | Hits: 34
....g the appeals and affirming the judgments and decrees dated 16.02.1995 passed by the learned Subordinate judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits.
2. The facts in short are that the appellants in Civil Appeal. No. 8 of 2005 i.e. Mohiuddin Khan and anothe......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......erty and so the provisions of Order 23 Rule 1(3) of the Code of Civil Procedure regarding withdrawal/dismissal are not applicable and the High Court Division was wrong in not properly considering the evidence of both the parties on the question of possession of the disputed land.
6. Abdul Wadud B..
Category: Property Law | Date: | Hits: 43
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