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BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

....cedure are retrospective in character unless there is some contrary provision in the repealing or amending enactment……………..(7) Cases Referred to- Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahabubar Rahman, Advocate-on-Record-For the Petitioner. Md. Zahirul......Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and another……......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)

....hatoon and others..... Respondents Judgment February 2, 2009. Result: The appeal is allowed. Lawyers Involved: Mrs. Naima Haider, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the appellants. Muhammad Nawab Ali, Advocate-on-record-for the Respondent ......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Secretary, Ministry of Agricultural and others..... Appellants Vs. Rabia Khatoon and others..... Respondents Judgment February 2, 2009. Result: Th......rdingly, the appeal is allowed without any order as to costs.   Ed.  This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ......rdingly, the appeal is allowed without any order as to costs.   Ed.  This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ..

Category: Property Law | Date: | Hits: 43

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....rs karimun Nessa & ors............Respondents Judgment November 12, 1997. Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Mvi. Wahidullah, Advocate-on-Record - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab ...... ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..

Category: Property Law | Date: | Hits: 35

Ful Meher Bibi Vs. Abdul Wahab and oth­ers, 2005, 34 CLC (AD)

.... Government of Bangladesh repre­sented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Chand Mia and others, 44 DLR (AD) 98. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record - For the Appellants. Mah......il) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

.... and others 35 DLR (AD) 216; Rafizuddin Ahmed Vs. Mongla Barman and others 43 DLR (AD) 215. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sufi......Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Gazipur & oth­ers.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to-......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...

Category: Property Law | Date: | Hits: 42

Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)

...........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers Involved: Aftab Hossain, Advocate-on-Record - For the Appellant. Faruque Ahmed, Advocate-on-Record - For respondent N......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Mohsen Jute Mills Ltd..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgme......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..

Category: Employment/Service Law | Date: | Hits: 100

Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)

....pellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants. Md. Af...... A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..

Category: Employment/Service Law | Date: | Hits: 83

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

..............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (S. M. Munir and Mrs. Tania Amir, Advocate with him) instructed by Md. Nawab Ali, Advocate...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...

Category: Tenancy Law | Date: | Hits: 149

Janata Bank Vs. Md. Mofazzal Hossain and oth­ers, 1997, 26 CLC (AD)

....nt Vs. Md. Mofazzal Hossain and oth­ers…………...Respondents Judgment July 1, 1997. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant. Md......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and oth­ers…………...Respondents ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..

Category: Employment/Service Law | Date: | Hits: 70

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....pellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2, 1999. Lawyers Involved: S. R. Pal Senior advocate (Md. Wahhab Mia, Advocate with him) instructed Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Md. ......fur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2,......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......f trans­fer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram Sankar who died unmarried and sarna Kumari was a maid servant of Lala Ram. After the death of Lala Ram she used to look after his prope..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)

....espondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi............Respondent (In Appeal No. 133 of 1997) Judgment June 10, 1999. Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant (In both the Appeals). Not represented –the Res......il) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) Showkat......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..

Category: Property Law | Date: | Hits: 23

Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

....9; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and anoth­er, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record - For the appellant. Dr. Rafiqur Ra......II ADC (2005) 408.......mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...

Category: Tenancy Law | Date: | Hits: 175

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004. Lawyers Involved: Mohammadullah, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Appellants. K.S. N......esent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and others..........Respondents Judgment March 15, 2004......f the powers con­ferred by section 20 of the Ordinance was pub­lished in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......f the powers con­ferred by section 20 of the Ordinance was pub­lished in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..

Category: Employment/Service Law | Date: | Hits: 105

Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....of 1997) Judgment May 17, 1998. Lawyers Involved: M. G. M. Abdul Faraj Mollah – For the Respondent (In Civil Appeal No. 67 of 1997). Md. Nurullah, Senior Advocate (Md. Bodruddoza, Advocate with him) instructed by Md. Nowab Ali Advocate-on-Record ......TM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....(SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR (AD) 13. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record - For the Appellant. Khandaker Mahbubuddin Ahmed, Senior Advocate, instru...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represent­ed by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahmed Siddiky............................Respondent Judgment ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..

Category: Property Law | Date: | Hits: 43

ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)

....old Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. Lawyers Involved: Abdul Wahab, Advocate instructed by Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Sharifuddin......late Division (Civil) Present: Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J ACKO Industries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..

Category: Civil Law | Date: | Hits: 87

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....D. Ramarathnam, Assistant Passport Officer, New Delhi and others, AIR (1967) (SC) 1836; Province of Sind v. Public at Large PLD 1988 (SC) 138. Lawyers Involved: Barrister Rafique-Ul-Huq, Senior Advocate (Khandker Mahbub Hossain, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advo......l) Present: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. C......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....t November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Moksudur Rahman, Senior Advocate with him), instructed by Mr. Md. Aftab Hossain,Advoc......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others................n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..

Category: Administrative Law | Date: | Hits: 124

Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)

....man Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1, 2003. Lawyers Involved: Md. Ozair Farook, Senior Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Md. Naw...... Supreme Court Appellate Division (Civil) Present: KM Hasan CJ Md. Ruhul Amin J Md. Fazlul Haque J Monzur Rahman Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1,......ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..

Category: Property Law | Date: | Hits: 33

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record - For the Appellant. Md. Aftab Ho......vision (Civil) Present: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..

Category: Property Law | Date: | Hits: 35