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Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......ments in spite of objections raised by the defendant Bank and the plaintiff on 24-7-2008 filed an application under Order XXVI, rule 9 of the CPC for audit of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order......l) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others................Respondents Judgment June 21, 2009......h the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as the salary of two gardeners of the Embassy of Bangladesh namely Md. Jewe...... J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prev....... ......e 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
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
.... the basis of tariff value in respect of imports where letters of credit were opened prior to the deletion of the tariff value. 6. The respondents filed affidavit-in-reply contending that the Government is not competent to fix any price like the indicative price and whatever price is fixed b......Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave ......sion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009......the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....e Division
(Civil)
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 Hab......(Civil)
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........... J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008).
Vs.
Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both...... to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
....s joined by the parties as regards the enemy status of the disputed property and the High Court Division, having found the disputed property not being an enemy property, erred in law holding that the Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Cou...... doctrine of lis pendens and also under Order 23 Rule 1(3) of the Code of Civil Procedure.
Section 52 of the Transfer of Property Act runs as under:-
"52. During the (pendency) in any Court (in Bangladesh) of (any) suit or proceeding (which is not collusive and) in which any right to immovable......l Matin J
Md. Abdul Aziz J
Mohiuddin Khan and another..........Appellant (In Civil Appeal No.8 of 2005).
Sree Mon Mohan Shaha and another .......Appellants (In Civil Appeal No.9 of 2005).
Vs.
Shihamul Haque being dead his heirs Hasina @ Ila Begum and others................Respondents ...... 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
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....on has taken place shall be confiscated. (2) Notwithstanding contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribuna......lar. 3. They also seized from the house 5(five) international passports belonging to other family members of the accused on the allegations that the accused brought those foreign currencies into Bangladesh and kept them in his custody by evading custom duties and thus committed the offence unde......upreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The pe......ion is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... learned Advocate further submitted that the High Court Division misinterpreted and misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Government Servant (Conduct) Rules, 1979 in that the provisions of the said rule in clause (1) does...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......l Matin J M. Ali Asgar………………………………………………….Petitioner Vs. M. Muktar Hossain and others .................Respondents Judgment July 21,......dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..Category: Criminal Law | Date: | Hits: 116
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....qualified and they have been enjoying the facility under the system of monthly Payment Order (M.P.O.). As a result 80% of the salary of the teachers and employees are paid by and received from the Government. At present the Madrasa has in total 298 students in Dakhil and Alim classes and 217 stu......t only violative of section 17(2) (b) of the Madrasa Education Ordinance. 1978 but also violative of the scheme of the said Ordinance as reflected in section 3(1) thereof which authorizes the Bangladesh Madrasa Education Board only to regulate, control, supervise, develop and improve t......mmad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Secretary, Ministry of Education and others…………………Appellants Vs. Mowlana Wahiduzzaman and another…………………&......r as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....ailing to hold that as the defendant No.1 did not leave the country before 1965 the suit property could not be legally held to be an enemy property, particularly when it was not the case of the Government that the vendor left the country before 1965. 7. We have heard the learned senior Ad......fter the liberation the plaintiff on several occasions communicated with the defendant No.1 insisting him to execute the kabala. In reply the defendant No.1 repeatedly assured that he would return to Bangladesh and complete the execution in no time. While the plaintiff was ahead of defendant No.1, t......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Enamul Huq and others…………………………Petitioners Vs. Bijoy Chandra Khasnabish and others………....Respondents Judgment December 15, 2008.......delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
.... possession of the suit land of the petitioners and as such, the petitioners are apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very weak both by men and money with the stre......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Abul Hossain and another………………………………Petitioners Vs. Hazi Md. Rezaul Karim and others................Respondents Judgment Januar...... This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....ecord relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same through diffe......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......lip;………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Dutta and others….........Respondents (In both the cases) Judgme......ons are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
.... the suit land, and thus the plaintiffs have been exclusively possessing the suit land, as owners and possessors, and enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion of land to defendant No.1, a London......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......n J Shah Abu Nayeem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 20......l is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..Category: Property Law | Date: | Hits: 158
Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)
.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..Category: Constitutional Law | Date: | Hits: 228
Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)
....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......9, 154. ...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Islami Bank Bangladesh Ltd. & Ors.........................Petitioner Vs. Md. Sirajul Islam.....................................Respondent Judgment July 28, 200......g on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ..Category: Civil Law | Date: | Hits: 109
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....rcharge on the same on the imported goods as has been fixed by the third schedule under Section 7 of the VAT Act. It also further appears that Section 7 of the VAT Act as amended has authorized the Government to impose supplementary duty and there is nothing on record to show that the imposition ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment J...... This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....engers and charges for the luggage and parcel etc. of train No.461/462 and 445/446 stating, inter alia, that the writ petitioner is the proprietor of Islam Ship Builders and Heavy Engineering. The Government of Bangladesh privatized all the trains of the country except the Inter-City trains to o...... Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referred To- 45 DLR (AD) 69; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85; Bangladesh, represented by the Secretary, Ministry of Establi......ent: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 1...... Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......zia……………………………………Respondent Judgment May 19, 2009. Cases Referred To- Jamini Ranjan Jala Das Vs. Board of Trustees, Port of Chittagong and others 33 DLR 300; Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury 29 DLR (S.C) 41; V.P. Ah...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J The National University and others………………Appellants Vs. Begum Sultana Razia……………………………………Respondent Judgment May 19......ut any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ation of 24th March, 1982 the said order was promulgated curtailing jurisdiction of all the Courts including the Supreme Court to pass any order of temporary or interim injunction or stay against the Government or any Government officer acting or purporting to act in discharge of official duty etc. ...... Rule 19Gha of the Emergency Powers Rules, 2007 even with a non-obstinate expression. Cases Referred to- Secretary of State Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (......llaneous Jurisdiction) Present: Nozrul Islam Chowdhury J SM Emdadul Hoque J Moyez Uddin Sikder and others…………………………………Accused- Petitioners (On Surrender) Vs. The State, represented by the Deputy Commissioner, Khulna……………… Opposition Party......R (SC) 515; East Pakistan Vs. S.A. Khan, 40 DLR (AD) 202. Lawyers Involved: Advocate Kh. Mahbub Uddin Ahmed, Dr. Kamal Hussain, Rafiq-ul Huq, Abdul Malek, Mahmudul Islam, Abdul Wadud Bhuiyan, Md. Rawshan Ali, A. Hasib-Amicus Curie. Abdul Matin Khasru-For the petitioners. Salahuddin A..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......upreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Naya Mia Sikder and others........Petitioners Vs. Faizur Banu and others.....................Respondents Judgment April 22, 2009. Res......the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981...Category: Property Law | Date: | Hits: 61
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....ght to his premises. Water drops on his house from her building. He did not get no claim certificate in respect of the public pathway over which he was to have boundary of his house and this was a Government land. 5. The learned Additional Assistant Judge dismissed the other class Suit No......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......sp; Most. Rokeya Begum...........Petitioner (In Civil Petition No. 354 of 2007) Dr. Md. Golam Kibria...........Petitioner (In Civil Petition No. 514 of 2007) Vs. Dr. Md. Golam Kibria..........Respondent (In Civil Petition No. 354 of 2007) Most...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Most. Rokeya Begum......Category: Property Law | Date: | Hits: 87
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