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Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......ain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judge...... Ed. ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..

Category: Property Law | Date: | Hits: 35

M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretari......on No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretariat, Dhaka........Petitioner (In Civil Petition No. 490 of 2005) Vs. Md. Zahangir Alam & ors .....................Respondents (In Civil Petition No. 223 ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 97

Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......te Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sudhir Kumar Das and other............Appellants Vs. Abdul Malek Mia and others...............Respondents Judgment ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sudhir Kumar Das and other............Appellants Vs. Abdul Malek Mia and others...............Respondents Judgment April 25, 2...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 112

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....l Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Minis­try of Finance, Internal Resources Division (Cus...... Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Minis­try of Finance, Internal Resources Di......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Kazi Md Abdul Kuddus and another……………Appellants Vs. Kaimon Bewa and others...........................Respondents Judgment Octo......e appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....ce three days later than respondent No. 4 and he was made permanent in service six months after the respondent No. 4. The learned Advocate for the petitioner submits that as per Regulation 10(2) of Bangladesh avvontorin nou poribohon kortipokho er karmochari chakuri Probidhan mala, the seniority ...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangla­desh represented by the Secretary, Ministry of Shipping and oth...... Vs. Government of Bangla­desh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: Abdul Jabbar, Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner (In......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 59

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....horising the Government to release any land   once it vested   in  the Government   by acquisition according to law. 4. The respondent No. 1, Government of Bangladesh represented by the Secretary, Ministry of Land and respondent No. 5, Sub-Divisional Eng......Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Sayeda Shajada Hossain & another......... ...Petitioners Vs. Wega Fashion Sweater (Pvt) Ltd & ors......Respondents Judgment Decembe......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... ......ers vs Ali Mohammad Bhuiyan and another 1997 BLD (AD) 199 = 2 BLC (AD) 134; Hazari Bala Sana and another vs Niron alias Niranjan Mandal and others 1997 BLD (AD) 294. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—Fo......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

....e with the same. The petition is dismissed. Ed. ...... Present: Md Ruhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... Syed JR Mudassir Hussain CJ Md. Fazlul Karim J A Kabir Chowdhury J Md. Joynul Abedin J Wasim Mia (Md)………………..Appellant Vs. State……………...Respondent Judgment Novemb......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... J. Amirul Kabir Chowdhury J.-Jail Petition No.4 of 2006 has been preferred by petitioner(1)Md Iftekhar Hasan @ Al-Mamun, Petition No.7 of 2006 is at the instance of (2) Shayekh Abdur Rahman Ibne Abdullah @Ehsan @ Maolana Abdur Rahman, Petition No. 8 of 2006 is by (3) Md Siddiqur Islam @ Azizul ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: ....... Ed. ......att vs Thomas (1947) 1 All ER 582. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate with SM Munir, Advocate, instructed by Md. Nawab All, Advocate-on-Record—For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam Advocate-on-Record—For Responden......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....d. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Resu......itions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Bank and others, 54 DLR (AD) 6. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (MA Sobhan, Advocate with him) instructed by Nurul Islam Bhuiya......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

.........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitu­tion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitu­tion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..

Category: Constitutional Law | Date: | Hits: 159

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Compa­ny (BD) Ltd., 1990, 19 CLC (AD)

....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J National Board of Reve­nue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Compa­ny (Bangladesh)......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J National Board of Reve­nue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Compa­ny (Bangladesh) Limited ............……………………………â€......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....e Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others……………………………..........sent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment Mar......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..

Category: Criminal Law | Date: | Hits: 117

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......sion (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Akhlasur Rahman and other.…………………………………………......Appellants Vs. Safarullah and others… ……………………………………….............Respondent......r case as to whether the plea of waiver and ac­quiescence exists validly or not. 14. Mr. Pal has drawn our attention to a Sin­gle Bench decision of the High Court Division in the case of Maulana Abdul Karim Vs. Nurjahan Be­gum 38 DLR page 361 where the courts below re­fused pre-emption, inter......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......sion (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Babul alias Abdul Majid Khan and ors.....……………..........Appellant Vs. The State..........………………………………………...................Respondent......rted in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....LR (AD) (1990) 184. ...... Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commission­er, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment Jun......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

.... MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ...... Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defenda......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..

Category: Employment/Service Law | Date: | Hits: 98