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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......rted in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......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...

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. ......C (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..

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. ...... Shah Abu Nayeem Mominur Rahman J Rada Rani Nath………………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Du......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..

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. ......eem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Invol......n J Shah Abu Nayeem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 20..

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. ......Bhuiya, Advocate-on-Record, For the Petitioners; Not represented-the Respondents. Civil Petition For Leave To Appeal No. 603 of 2007    Order We have heard the learned Counsel and perused the judgment and order of the High Court Division and other materials in the paper book....... 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..

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. ......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 June 10, 2008. Lawyers Involved: ...... (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..

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...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referred T......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..

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......) 190, VIII ADC (2011) 307....... 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..

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 (......his Case is also Reported in: ......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..

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.......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..

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. ......cate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002 passed by the High Court Divi......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..

Category: Property Law | Date: | Hits: 87

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. ......9) 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) ..

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......ohammad Fazlul Karim J                   Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut......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..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ere 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) 942. ......ere 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) 942. ......bsp;  Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment        ......nbsp;       Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment  &nbs..

Category: Property Law | Date: | Hits: 87

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. ......CJ Md. Abdul Matin J  Md. Abdul Aziz J      Sree Jagannath Bairagy…............Petitioner Vs. Sree Sree Kanailal Jew Bigraha and others..........Respondents Judgment         Ap......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  ..

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...................ator 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, 2009. Lawyers Involved: ......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,..

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......nts (In Civil Petition 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, Minis......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) ..

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......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......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..

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 ...... 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 May 31, 2009. Law......(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 ..

Category: Administrative Law | Date: | Hits: 423