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Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......he peti­tioner in Civil Petition No. 478 of 2005 and perused the judgment of the High Court Division and other connected papers. 7. Mr. Ahmed submits that in view of the decision of the Board of directors of Sonali Bank dated 7-4-2004 Annexure-1 to the affidavit dated 14-4-2006 approv......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......ion No. 477 of 2005). Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Reco..

Category: Business or Commercial Law | Date: | Hits: 108

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......Exhibit 1) was issued on March 25, 1953 and that possession was delivered on June 26. 1953 (Exhibit 2) but since auction pur­chase plaintiffs at no point of time got their names mutated in the Revenue Record and paid rent so the High Court Division was in serious error in accepting the case ......missed with costs. Ed. ..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......he defen­dant Nos.7 and 8 in collusion with the vested property officials started VP Case. No.2 of 1978-79, that the said case was contested by the plaintiffs and the Additional Deputy Commissioner (Revenue) passed order recommending release of the property from the list of vested property and the ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af..

Category: Tenancy Law | Date: | Hits: 156

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n Other Class Suit No. 313 of 1983 dismissing the same. 2. The suit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khat...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respon­dent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......e first Court of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subse­quent actions taken by him were illegal, vo......ourt of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subse­quent actions taken by him were illegal, void and w...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh…&helli..

Category: Property Law | Date: | Hits: 36

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... (5) Lands occupied or used exclusively for or in connection with public pounds, public    hospitals, whether supported wholly or partly by grants from the con­solidation Revenue Fund or not, and which are not a source of profit  or gain to the  users or owners......sanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Refe..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Solicitor repre­sented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ...... Md. Tafazzul Islam J The Solicitor repre­sented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm..

Category: Criminal Law | Date: | Hits: 88

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....Writ Petition No. 890 of 2003 making the rule absolute and directing the petitioner (writ respondent) to upgrade the post of the respondent Nos.1 to 3 (writ petitioners) with fixation of grade-V of National Pay scale. 3. The aforesaid writ petitioners filed writ petition No.890 of 2003 sta...... Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dock Workers Management Board, Post Training Centre, Police Station- Bandar, District-Chittagong and another…&hellip......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dock Workers Management Board, Post Training Centre, Police Station- Bandar, District-Chittagong and another……………….Petitioners ..

Category: Employment/Service Law | Date: | Hits: 88

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... the High Court Division erred in failing to consider the facts, that the suit land was acquired by the Government vide Gazette notification dated 2.4.1956 and subsequently the Secretary of the Board of Revenue by letters dated 19.1.1950 and 9.2.1955 gave responsibility of the suit land to t...... Court Division erred in failing to consider the facts, that the suit land was acquired by the Government vide Gazette notification dated 2.4.1956 and subsequently the Secretary of the Board of Revenue by letters dated 19.1.1950 and 9.2.1955 gave responsibility of the suit land to the Forest...... Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others ....................

Category: Property Law | Date: | Hits: 41

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ......ing the impugned direction to the appel­lant, and the last submission that the Bangladesh Bank is a Statutory Body which can sue and be sued in its own name and its management is vested in the Board of Directors and the Governor is an appointee of the Government and holds office for a fixed ......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ..

Category: Banking Law | Date: | Hits: 124

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......mployed by the Government on contract as Secretary/Director of the Corporation for 3 years by an order dated 15 May 1982. He was permanently absorbed as Director (Administration) in the Biman by a Board res­olution dated 4 September 1983. Subsequently he was promoted to the post of Deputy Ma......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ...... Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of 1999) Vs Lt..

Category: Employment/Service Law | Date: | Hits: 103

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....nt by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jagannath Prasad, AIR 1928 (All) 66; The Punjab National Bank Ltd. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65. Lawyers Involved: Mo......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......rted in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

.... Ed. ...... ......upreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J National Board of Revenue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ………......t:                  Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No...

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....y prepared in the name of Sachindra Mohon Roy. 4. The suit was contested by the appellants (defendant Nos.1 and 2) by filing written statement stating, inter alia, that the plaintiff is an Indian National and also fictitious person and is not the real Jatindra Mohon Roy @ Sachindra Mohon Roy, th......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ...... wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commissioner, Narayangonj, Additional Deputy Commissioner Revenue, Narayangonj and Assistant Commissioner (land) Bandar,Narayangonj-defendant Nos. 1-3 by fil......missed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

....nt as a temporary constable and in the Service Roll he stated that his name is K.M. Md. Shamsul Alam and his fathers name is K.M. Zahid Hossain and his date of birth is 1940 and the Survey Form of National Education Survey, 1999 of Education Ministry, which was filled in by the petitioner himsel......on 28.9.2001 suddenly the petitioner got the above letter of termination and that the petitioner was born on 1.4.1945 as will be evident from the S.S.C certificate and the Admit Card issued by the Board of Intermediate and Secondary Education  at Jessore and then the petitioner was only 56 ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang..

Category: Employment/Service Law | Date: | Hits: 82

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ..

Category: Banking Law | Date: | Hits: 117

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....n such note later on cannot be said to be order of the secretary as because the impugned order was the order that emanated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Invol......cannot be said to be order of the secretary as because the impugned order was the order that emanated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hos......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgment June 11, 1989. Result: ..

Category: Election Law | Date: | Hits: 146

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

....ial Law Ad­ministrator under Martial Law Order No. 9 of 1982 on 15.10.85. A criminal case, Tejgaon P.S. Case No. 13(1) of 1986, was also started against him by the Co-ordination and Control Cell for National Se­curity as per FIR lodged at Tejgaon P.S. on 8.1.86 under Regulation 11 of Martial Law R...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ..

Category: Criminal Law | Date: | Hits: 53