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Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawye...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. ..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....te 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 Government of Bangladesh and others…………………Appellants Vs. Azema Khatun…...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun…………...........) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. ..

Category: Property Law | Date: | Hits: 21

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....of the plaintiff, in short, is that the suit lands along with other lands orig­inally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1......e suit lands along with other lands orig­inally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1930-31 from differ­ent persons. The p...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………...........Respondents Judgment Februa..

Category: Property Law | Date: | Hits: 25

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile   Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for reg­istration of the tra...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......zlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another ......

Category: Intellectual Property Law | Date: | Hits: 273

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....gment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretar...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dh......mmel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is dis­......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..

Category: Others | Date: | Hits: 115

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....so Reported in: VII ADC (2010) 304. ......preme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and o......CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent ......a Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent Judgment January 18, 2010. ..

Category: Constitutional Law | Date: | Hits: 107

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ...... Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh rep­resented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1......nha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh rep­resented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1000 and others….......Respondents (In Civil Petition No.832 of 2009) Judgment January 6,......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

....J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth­ers ..........Respondents Judgment October 29, 2009.......oynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth­ers ..........Respondents Judgment October 29, 2009. Lawyer......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth­ers ..........Responde...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...

Category: Banking Law | Date: | Hits: 84

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ...... its judgment and order under Article 105 of the constitution and for doing complete justice the order dated 6.11.2008 may be allowed under Article 104 of the constitution of the People's Republic of Bangladesh. 12. We have heard the learned Senior Advocate counsel for the petitioner and purs......n (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Resp......Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Respondents Judgment August 23, 2009. ..

Category: Property Law | Date: | Hits: 26

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

.... Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary Ministry of Works Vs. Chand Mia and others 44................Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary......ted in: VII ADC (2010) 271. ......s.............Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secre..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the burden of proving which excuse shall lie on such person, any implement of house‑breaking; thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Government; fourthly, any person in whose possession anything is found which may reasonably be su...... in: 55 DLR (2003) 363. ......3. ......ial Original Jurisdiction)  Present:   Md. Hamidul Haque J   Salma Masud Chowdhury J  Bangladesh Legal Aid and Services Trust (BLAST) and others………Petitioners Vs. Bangladesh and others ………………..Respondents Judgment  April 7, 2003. ..

Category: Constitutional Law | Date: | Hits: 137

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....oined 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 in holding that the Government under Act XLV of 1974 acquired the authority to execute the deed of settlement. The High ...... pendens and also under Order XXIII, rule 1(3) of the Code of Civil Procedure. 23.  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 immovab....... ......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mohiuddin Khan and another……......Appellants Vs. Shihamul Haque and others………….Respondents Judgment June 30, 2009. ..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....led rent receipts which can be used or collateral evidence of possession. In support of his contention the learned counsel has referred the cases of Erfan Ali vs Jainul Abedin Mia 35 DLR (AD) 216 and Government of Bangladesh Vs. AKM Abdul Hye 9 MLR (AD) 82=56 DLR (AD) 53. 10. In the case of Erfa......nd others.......................Petitioners Vs. Md. Abdur Razzak and others........Respondents Judgment August 19, 2009. Cases Referred To- Ali vs Jainul Abedin Mia 35 DLR (AD) 216; Bangladesh vs AKM Abdul Hye 9 MLR (AD) 82= 56 DLR (AD) 53. Lawyers Involved: Md. Abdul Jabbar,....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......R (AD) (2010) 242. ..

Category: Tenancy Law | Date: | Hits: 174

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....een carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court of Wards Estate in 1980. In 1985 the Government decided to acquire the historic Ahasan Manzil along with the lands of C. S. Plot No.725-7......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......azzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J A.B.M. Asgar………………………………Appellant Vs. The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respondents...... Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J A.B.M. Asgar………………………………Appellant Vs. The Administrator and the Chairman of the Allotment Committee, Dhaka and others………â..

Category: Property Law | Date: | Hits: 29

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....s there­in; that prior to that there was no Deity in the suit property and the C.S. recorded bargader also did not possess the same; that after whole sale acquisition the suit property vested in the Government and thereafter in 1951 Khepa Chand Bairagi took pattan of the suit land in his name corre......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... also Reported in: VII (ADC) (2010) 216. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ BK Das J Md. Muammel Hossain J Narendra Chandra Das and another…………….Appellants Vs. Sree Sree Gopal Bigraha and another……….Respondents Judgment July 22,..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ...... other…………Respondents (In Civil Appeal Nos. 94-95 of 2005) Judgment August 3, 2009. Result: The appeal is allowed. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. 20 BLD (AD) 278; Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 2......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......l Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and others……………Respondents (In Civil Appeal No. 178 of 2002) S. M. Ho..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......on 30.8.1985 the above suit was decreed on contest with a direction that the respondents are to pay monthly installments of TK. 50,000/- with interest at the rate of 13% to adjust the decreetal dues; Bangladesh Bank, by Circular dated 7.10.1991, directed the banking institutions to exempt interest u......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beauty Engineers Corporation and others…………........ion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beau..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... by the High Court Division in Writ Petition No. 12174 of 2006 (analogously heard with Writ Petition Nos.6703 of 2004 and 12175 of 2006) discharging the Rule with cost of Tk.5,000/- to be paid to the Government through treasury challan. 2. The facts, in short, are that the petitioner, as writ...... MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil...... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dh..

Category: Business or Commercial Law | Date: | Hits: 216

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

.... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Secretariat B...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Ramna...... ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Se..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......zul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents Judgment May 10, 2009. Lawyers Involved:......: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents Judgment ..

Category: Others | Date: | Hits: 356