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....ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Nazrul Islam and another…………..Petitioner
Vs.
Secretary, Ministry of Public Works, the Peopl......of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitlement to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession.
3. The......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
..
Category: Property Law | Date: | Hits: 23
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ...... 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......n the saham of Afsin Matbar on a subsequent mutual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed d......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
....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.......ted in: VII (ADC) (2010) 132.......reign exchange, rather export of the same would help earn foreign exchange for the country."
14. In such view of the matter the High Court Division held that withholding of the license was not proper and legal and made the Rule absolute with direction
upon the respondent to grant the requi......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)
....ve to Appeal No.290 of 2007 became the highest bidder offering Tk.7,07,03,900/- and making a deposit of Tk.26 (twenty sic) lacs on 06.07.2006 and the process of the second auction also could not be completed keeping the earnest money of the petitioner of Civil Petition for Leave to Appeal No.290 o......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...... on 01.09.2001 in the "Daily Ittefaq" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including building, structure, tree etc. standing on such plots. In the said tender 9 (ni......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
.... the period of his service in the Ministry of Irrigation, Flood Control and Water Resource, wherefrom the respondent No. 2 was made to retire from his service, in accordance with law, when he already completed duration of his service and he was paid all the service benefits after legal and proper ca......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…...... wherefrom the respondent No. 2 was made to retire from his service, in accordance with law, when he already completed duration of his service and he was paid all the service benefits after legal and proper calculation of the same, for his period of service from the date of his appointment upto the ......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)
....cted by a learned Single Judge with a cost of Tk. 3,000/-. Hence this leave petition. 7. It was submitted that in a slip shod manner without noticing that alleged genealogy in the plaint was incomplete as it was to cover a period over a century and that the impugned judgment of the lower appe......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......p shod manner without noticing that alleged genealogy in the plaint was incomplete as it was to cover 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 th......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. ..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... father Munshi Imamuddin Dewan as his legal heirs and successors. Munshi Imamuddin Dewan was an old man of 85 years who had practically lost sense of worldly affairs, as his wife died earlier, he was completely dependent upon his son Nuruddin Dewan and daughter Shamsun Nahar Begum the defendant. Las...... 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: ...... executed by donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
.... 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.
......) 65.
......in-opposition and stated that the customs authority did not demand customs duly @ 37.5% but took steps to ascertain the nature and character of the imported goods for the purpose of fixation of proper duty and that the imported goods described as Solvitose DK. is the trade name of the product....... 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
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Abdul Aziz J Md. Nazrul Islam ............................Petitioner Vs National Fans Limited and another…………........Respondents Judgment June 21, 2009. Lawyers Inv......from using the words "BISCIC Tongi" or বিসিক টঙ্গী on the body of the fan or the packages/cartoons of the said fans. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
....submitted that services of PSI Agency is very much like that of the service renders by the 'জরিপ সংস্থা’ and that the Agency initiates its service in Bangladesh and that to give completeness to its service the Agency also renders service outside the Country i.e. the Count......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.......ission of the PSI Agency is not sustainable in law since no Rule has been framed in that regard or no SRO has been issued relating to the matter of charging VAT on the service of PSI Agency, that a proper construction of the Second Schedule would show that PSI Agency should be treated as being par......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
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......vision (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J MM Hossain J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, ......he disposal of the rule. The writ petitioner is directed to surrender before the Special Judge, Court No.9, Dhaka within 6(six) weeks from date failing which, the learned Special Judge shall take proper steps for the apprehension of the writ petitioner. This petition is disposed of with the a...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
....e above writ petition and contested the same by filing affidavit-in-opposition supporting appointment of judicial officers and their deputation in the Ministry of Law and other offices now have taken completely different stand. Such a somersault on the part of the appellants is highly disapproved an......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......ession and notaries.
26. Legal aid to the poor, defence of paupers and undefended accused.
27. Marriage and divorce, infants and minors, adoption, joint family and partition.
28. Transfer of property.
29. Registration.
30. Appointment and terms and conditions of service of Administrat......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ported in: 15 MLR (AD) (2010) 17. ...... 25.08.1924 and delivery of possession through court on 22.08.1924. Matang Moyee gave raiyati settlement of the same to one Abdul Gafur Munshi, the predecessor-in-interest of the plaintiff in lieu of proper salami on 12.06.1954 and 15.11.1955 respectively and delivered possession of the suit land to......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......roceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009....... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a reg......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......I ADC (2009)1006. ......failing to appreciate that the lower appellate court being the last court of fact its finding on title and possession was required to be upset by the High Court Division by adverting to and on proper discussion of the material evidence on point which was not done and as such there has been ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
..... Thereafter the liberation war was started and the defendant No.1 left for India. During the liberation movement the suit property along with the structures upon it such as godown, offices etc. were completely gutted into ashes by fire. The plaintiff expected that the saf-kabala deed would be execu......rted in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......d against the judgment and order dated 28.03.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1406 of 2000 making the Rule absolute. 2. The short fact is that the suit property in Dag Nos.701, 700. 973 and 400 corresponding to Khatian Nos. 127, 222, 307, 308, 309, 3......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... Reported in:62 DLR (AD) (2010) 239. ...... .18 acre of land left by her husband Mohammad Mia and the plaintiffs 1-4 inherited the remaining .15½ acres of land left by Mohammad Mia. The plaintiffs are in possession of their share in the suit property. Since the suit property has not been partitioned by metes and bounds among the co-sharers,......Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order can however be made to f..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petit......tion for bail pending hearing of the writ petition. The application was opposed by the learned Counsel appearing for the petitioner on the ground that the writ petitioner did not surrender before the proper court and prayed for a direction upon the writ petitioner to surrender before the Chief Metro......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. Lawyers ......disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
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