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Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....nbsp;     March 25, 2009.     Cases Referred To- M/s Amin Jute Mills Ltd. Vs. M/s. A.R.G. Ltd. 28 DLR (AD) 76; K.M. Shafi Limited. Vs. Government of Bangladesh 1983 BLD (AD) 109; Sonali Bank Vs. Karnaphuli works Ltd.46 DLR (AD) 55. ......e is also Reported in: VI ADC (2009) 952. ...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Power Development Board and others........Petitioners (In all cases) Vs. M/s. Arab Contractor, (BD) Limited and others…...Respondents (In all cases) ......re accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....ses" Ext.1 series are the R.S. Khatians, Ext. 2-P.S. Khatians, Exts.3 and 3(ka)-patta, Ext. 5- Municipal Assessment Register, Ext. 6, Municipal Tax receipt, Ext. 7- Rent receipt issued by the Government, Exts. 9 and 9(ka) dated 25.3.1967 and 25.1.1967 respectively applications filed by the ......ajid Dobhash and that later on by the Ext. 'Uma' in 1965 Abdul Majid Dobhash gifted the land by a deed of gift. At no point of time defendants have paid rent to the landlord or to the Government of Bangladesh and that no tax or levy was paid to the municipal authority and that no municipal holdi......nbsp;          Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institute, through Head Master & Secretary Ahmed Ullah Faruqui........Respo......s dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..

Category: Property Law | Date: | Hits: 82

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....deity as a shebait of the deity's properties and she creat­ed two deeds of gift and put him into pos­session. Accordingly, defendant mutated his name as a shebait and was paying rent to the Government. It is a private debottor properties as such the shebait committee has no locus standi t......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......il) Present: MM Ruhul Amin CJ Md. Abdul Matin J  Md. Abdul Aziz J      Sree Jagannath Bairagy…............Petitioner Vs. Sree Sree Kanailal Jew Bigraha and others..........Respondents Judgment  ......cordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..

Category: Civil Law | Date: | Hits: 110

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......eme Court Appellate Division (Civil) Present: MM Rahul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Administrator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain...................d. Abdul Matin J Administrator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3,...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....etition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land and......Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land and others 9 BLC (AD) 56; Sadeque Uddin Ah......pellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Most. Sufia Khatoon ………...........Petitioner (In all cases) Vs. Mrs. Mahabuba Rahman & others……….......Respondent (In Civil Petition No. 2052 of 2008) ......all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s officers are authorized to deal with offences mentioned in the Customs Act. The Bureau of Anti-Corruption cannot investigate an offence under section 156 of the Customs Act on the strength of a Government notification when it is being carried out by the Customs Authority as improved by the pro......g departments of the Government, the Customs Department has primarily been authorised by an Act of the legislature, namely, Customs Act, 1969 to deal with the import and export of goods into and from Bangladesh. Their authority to deal with offences and penalties is provided in the Table below secti......t: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J A.K. Reazul Karim..................................... Appellant Vs. State....................................................... Respondent Judgment Aug......n: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ....../- and again by letter dated 27.12.1986 the petitioner was rewarded with incentive award of Tk.1,860/-. The petitioner passed the Banking Diploma Examination in 1989 from the institute of Bankers, Bangladesh. 5. In Course of service, being so ordered the petitioner joined as in-charge of ......(Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J S. M. Mosharaf Hossain ........................Petitioner Vs. The Sonali Bank and others……...............Respondents Judgment ...... accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ...... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J K. M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Law, Justice and Parliamentary Affair of ......rim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J K. M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Law, Justice and Parliamentary......is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..

Category: Civil Law | Date: | Hits: 140

Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)

.... of P.T. Institute shall teach, at least, in 18(eighteen) classes, in a week, including those of the Experimental School and that the Instructor of P.T. Institute and the Assistant Teachers of the Government Secondary School, having B. Ed, degree, enjoy the one and same rank, status and scale of......im J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Primary and Mass Education Di...... Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Primary and Mass E......ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..

Category: Administrative Law | Date: | Hits: 243

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

....fen­dant Nos.1 and 2 on contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plaintiff became tenant under the Government by operation of law after acquisition of the rent receiving interest. The trial Court di......onsideration on the facts and evi­dences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Surendra Mohan Bandayapadhya being dead his heirs-1(2) Paritosh Kumar Bandayapadhya and others ......................Petitioners Vs. Lalit Mohan Das being dead his heirs-1(a) Ratan Kumar Das and others......Respondents ......s dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..

Category: Property Law | Date: | Hits: 38

Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

.... this way plaintiff became 16 annas owner of the suit land. Further case of the plaintiff is that Ali Azzam, father of the defen­dant No.1, was an uncle of the plaintiff. The plaintiff being a Government ser­vant, served at different places in the country on transfer for which he kept th......ved al 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) 823. ......l) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Halim alias Halim Mia .............................Petitioner Vs. Abdus Sattar and others .................................Respondents Judgment ......ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ..

Category: Property Law | Date: | Hits: 30

Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)

....f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......se of the plaintiff is that the plaintiff is a research based manu­facturer from China since long time of the Playing Cards and have been mar­keting the same throughout the world including Bangladesh. One of the popu­lar trade marks of the plaintiff used in Playing Cards failing unde...... Supreme Court Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Ripon, Proprietor, Ripon and brothers.........Petitioners Vs. Heze Wanda Playing Cards Co. Ltd. and others ........Respondents Judgment ......ave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..

Category: Intellectual Property Law | Date: | Hits: 361

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Saiful Hoque……………………….....Petitioner Vs. Bangladesh House Building Finance Corporation………………..Resp......mad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Saiful Hoque……………………….....Petitioner Vs. Bangladesh House Building Finance Corporation……………&he...... is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..

Category: Property Law | Date: | Hits: 53

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....on 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Thereafter, the writ respondent No.4, Metropolitan Sessions Judge, wrote a letter dated 04.03.2004 to the Government followed by another letter dated 09.03.2004 for sanction. But the office of the Prime Mi......orma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugning letter bearing Nos. 23, 40, 04, 01, 23, 2004-219(3) dated 22.04.2004 issued un......il Appeal No. 139 of 2006) The Principal Secretary, Office of the Hon'ble Prime Minister, Tejgaon, Dhaka and others.......................Appellants (In Civil Appeal No. 140 of 2006). Vs. Salahuddin Ahmad and others.............Respondents (In both cases.) Judgment ......the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..

Category: Criminal Law | Date: | Hits: 64

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

.... thereafter after the acquisition of the land of the Zaminders on cessation of the Zamindary system the rent receiving interest of the Mouza under which the case lands belonged was acquired by the Government under Section 3(1) of the State Acquisition and Tenancy Act, 1950 vide notification No.2...... (In Civil Petition No.1451 of 2008). Mrs. Masuda Awal and others ......Respondents (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Provi...... J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). ...... are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..

Category: Property Law | Date: | Hits: 67

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....pon   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 (2009) 807. ......lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from India at about 22.30 hours and they apprehended those accused persons and......t: Md. Ruhul Amin CJ MM Ruhul Amin J  Md. Abdul Matin J The State………………………..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.&......cision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..

Category: Criminal Law | Date: | Hits: 45

Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

....p;   August 3, 2008. Cases referred to- Mvi. Mohammad Khurshed Alam vs. Secretary Ministry of Law, Justice and others, 50 DLR (AD) 82; Kazi Emanuddin Bhuiyan Vs. The Government of Bangladesh, 12 BLC (AD) 134; Raisuddin vs. Bangladesh and others, 51 DLR (AD) 152; Ka......oynul Abedin J Md. Abdul Matin J              Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, B...... Md. Joynul Abedin J Md. Abdul Matin J              Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary...... is also Reported in: VI ADC (2009) 799. ..

Category: Civil Law | Date: | Hits: 100

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

....nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ...... Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sented by its Executive Vice-President Head Office, 49, Dilkush Commer......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......n this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..

Category: Civil Law | Date: | Hits: 109

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

.... plot No. 1125 which is their homestead, in plot No.1126 and in D.P. Khatian No.23 of 1972 and final Khatian No. 236 and they have been pos­sessing those land specifically by paying rent to the Government separately and they have no connection with the land of Khatian Nos. 414 and 200 which a...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......pellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J   Rayna Begum and others............Petitioners Vs. Md. Marufuddin Ahmed and others ..........Respondents Judgment   &...... accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..

Category: Property Law | Date: | Hits: 33

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

....re 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: VI ADC (2009) 780. ......nt of Police, Khulna and others.........Respondents Judgment         January 23, 2008.   Cases Referred To- Govt. of Bangladesh and others vs. Md. Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: ......ivil) Present: MM Ruhul Amin J   Md. Tafazzul Islam J Md. Abdul Matin J   Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment &nb...... dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ..

Category: Administrative Law | Date: | Hits: 162