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Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......en included in paragraph (b) of the above schedule and further any other person abetting the public servant in the commission of such offence has been made jointly triable with such public servant in terms of paragraph (b) of the schedule; offences punishable under the Prevention of Corruption Act, ...... of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quashed. So, the instant criminal miscellaneous cases are quite prem..Category: Anti-Corruption Laws | Date: | Hits: 152
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......f the Privy Council in the case of Abdul Rahman, 31 C.W.N. 271, section 537 of the Code of Criminal Procedure may now be taken to cover an error, omission or irregularity in the widest sense of those terms provided there has been no failure of justice. It was further held that the imperative statuto......late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea..Category: Criminal Law | Date: | Hits: 105
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......d company on 6.7.2002, executed an agreement with him providing that the plaintiff will enjoy 30 acres of land of Plot Nos. 351, 352 and 353 of Mouza Kampur for a period of 5 years and in terms of the above agreement plaintiff has been paying rent to the company by taking receipts and ......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Hefazatur Rahman Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Res..Category: Property Law | Date: | Hits: 26
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......e respondent Nos. 2-5. 5. The trial court, after hearing, dismissed the suit holding that the respondent No.1, having committed breach of the terms and conditions of the lease deed, can not maintain the suit. The respondent No.1 then preferr.................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ..Category: Property Law | Date: | Hits: 27
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ...... the learned Judges and set at rest in the said illuminating judgment with which we have no reason to differ or to depart from. 37. Sections 5 and 6 of the Ain read together do not either in terms of necessary implication discriÂminate both a person or classes of persons or purport to deny......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......td. with a view to sell its dairy products under the trade mark 'Diploma' came to Bangladesh in the year of 1991 and entered into an User Agreement of 1st July, 1991 with the appellant. As per the terms and conditions of the said User Agreement, the respondent is only entitled to use the impugne......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade ..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ...... Service Regulation, 1990 and the said Regulation, as it appears having a non-obstante clause authorises to release the employees from service and the order of release from service has been passed in terms of the appointment letter of the writ petitioner-respondents by invoking the said provision of......so Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......lenging the Memo No. 2018 dated 13-03-2003 (Annexure-U) issued by the respondent No. 2 withdrawing Ansars from the premises of the petitioner and thereupon obtained Rule and stay in the following terms. “Let a Rule Nisi be issued calling upon the respondents to show cause as to...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Ohidul Islam and others…………………………Petitioner..Category: Property Law | Date: | Hits: 24
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......on. But the accused persons were not successful in this respect. As a result the deceased demanded back the money from them. A salish was held over the matter but the respondents did not agree to the terms of the salish. On the day of occurrence the respondent Azahar Mridha came to the house of the ......ellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Inv..Category: Criminal Law | Date: | Hits: 26
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......te the legal implication of Section 95 of the State Acquisition and Tenancy Act on the basis of which the defendant's got back their possession in the land on payment of the consideration money in terms of Exts- 'A' and 'B' the deeds of reconveyance; that both the Courts of Appeal and revis...... Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 19
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......redecessors of the plaintiffs filed Title Suit No. 48 of 1965, Title Suit No. 18 of 1974 and Title Suit No. 567 of 1980 for correction of the record of rights and the said suits were decreed and in terms of said decree the predecessors of the plaintiffs mutated their names opening 3 Khatians in t......ivil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment &nb..Category: Property Law | Date: | Hits: 28
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......No.2, also having deposed that he has served the summons on the defendants at the address written on the summons and OPW No.3, the attesting witness, having also attested the service of summons in terms of the provisions of rules 9 to 19 of Order V and rule 3 of Order III of the Code of Civil Pr......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:..Category: Property Law | Date: | Hits: 33
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......f Rule 388 of the Civil Rules and Order; the second impugned order dated 6-11-1991 rejecting the prayer for reconsideration of the order dated 26-10-1991 was also liable to be set aside because in terms of the order for local investigation passed on 4-9-1983 the petitioners deposited commissione......so Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ......lainant is adjacent to the, official residence of Mrs. Jannatul Ferdous, the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Mymensingh and the complainant has visiting relation and good terms with the said Judge for which there is apprehension in the mind of the accused petitioners t...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abul Fazal and another…............Petitioners Vs. The State and another……....Category: Criminal Law | Date: | Hits: 31
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... solely clerical capacity" and a new section viz, section 14A was also inserted in Ordinance 1986 providing; that worker of an enterprise shall, notwithstanding anything contained in the terms and conditions of his employment in any contract, rule, regulation, bye-law or o...... M.M.Ruhul Amin J Md. Tafazzul Islam J Bangladesh, Gas Fields Co. Ltd………............... Appellant (In both the appeals) Vs. Md. Fariduddin Ahmed and ors ..........Respondents (In Civil Appeal No. 196 of 2000) Md. Osman Gani and ors&hell..Category: Employment/Service Law | Date: | Hits: 90
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......ivate individual after the East Bengal State Acquisition and Tenancy Act came into operation. The contesting defendant also raised a plea that the bazaar in question was liable to be closed down in terms Article 229 of the Land Administration Manual, 1990. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat..Category: Property Law | Date: | Hits: 25
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......lement to the plaintiff under L.A Case No. 114/46(XII) in the year 1975-76 from 30th Chaitra 1394 B.S for a period of 15 years by way of a registered kabuliat No.9101 dated 15.07.1976 under certain terms and conditions and the plaintiff has been possessing the same by cultivating the schedule-2 ......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawye..Category: Property Law | Date: | Hits: 25
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and deciÂsions arrived at by the High Court Division. This petition merits no considerÂation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......cipality. 12. Having regard to the facts and circumÂstances of the case, the learned Attorney General argued that there was no violation of law in cancelling the licence of the petiÂtioner since terms and conditions of the licensee are also subjected to any change provided from time to time by ......Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh repreÂsented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Invo..Category: Environmental Law | Date: | Hits: 517
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......nd others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk. 25 lac stating, inter alia, that in terms of Asian Development Bank Loan No. 329 Bangladesh Krishi Bank was entrusted to establish thr......ohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd. represented by its Managing Director, Gagan Babu Second Road, Khulna. ........Category: Civil Law | Date: | Hits: 103
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... the rate of US $ 50.22) for the purpose of valuation. The said money was allegedly due to the respondent No.2 from the proforma respondent No.3 against certain credit facilities advanced under the terms and conditions of an Investment Agreement dated 25.10.1991 entered into between the responden...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ..Category: Civil Law | Date: | Hits: 96
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