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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 ...... M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Law, Justice and Parliamentary Affair of Bangladesh Secretariat, Ramna, Dhaka-1000 and others .......Respondents......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..

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......Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Primary and Mass Education Division, Bangladesh Secretariat, Dhaka and another.............Respondents ...... 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..

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 ..

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. ...... 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 June 21, 2009. ......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 ..

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...... also Reported in: VI ADC (2009) 819. ...... 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 ..

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......structed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High Court Division in Civil Order No.1010 of 2008) ......mad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Saiful Hoque……………………….....Petitioner Vs. Bangladesh House Building Finance Corporation……………&he..

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......mel Hossain J Mostafa Kamal & anr………Appellants (In Civil 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. Sa......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 ..

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......in 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). Nazma Akhter Banu and o...... 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). ..

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......ellip;……..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.  Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the......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.&..

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......bsp;        Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgm...... Md. Joynul Abedin J Md. Abdul Matin J              Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary..

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......ivision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sente......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. ..

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. ...... (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   &..

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: ......   Md. Tafazzul Islam J Md. Abdul Matin J   Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment         ......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..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....12) 249. ......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petiti...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi......(AD) (2012) 249. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....all the papers of the suit land taking advantage of the helplessness of the defendant Nos.1 and 2 on false representa­tion that he would take necessary steps for mutation of their names in the Government record in respect of the suit land and then filed the present suit. The plaintiff petiti......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ...... (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Haripada Goldar.................Petitioner Vs. Md. Sahabuddin Sheikh and others…........Respondents Judgment        ...... Court Appellate Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Haripada Goldar.................Petitioner Vs. Md. Sahabuddin Sheikh and others…........Respondents Judgment  &n..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....nd and/or direction was given to mutate the suit land in the names of the defen­dants and further Ext. E is also not an order having binding force on any court except the Revenue Office of the Government and in any way Ext. E does prove exclu­sive possession of the defendant in the suit ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......ision (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008.   Lawyers ......urt Appellate Division (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008.&nbs..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

.... Petition Nos. 44 & 45, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) ...... 44 & 45, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Mukta......5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth......ernment of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth­ers......................Appellants (In Civil Appeal Nos. 71-72 of 2002) Vs. Md. Abdul Halim Miah and (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judg..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

....1975. The appellant came to know about the aforesaid criminal cases while inside the jail. 4. The appellant alleged that in 1975 when the democratic system was throttled by the then BAKSHAL Government and an economic crisis and a serious unrest was prevailing all over the country, a revol...... Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment Apri......riar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment April 19, 1998.......houdhury J Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment ..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....ny, of the writ petitioner for the work already done in accordance law. Cases Referred To- Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 DLR 515; Bangladesh Power Development Board and others Vs. Md...... C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law. Cases Referred To- Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 D......244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And Md. Eunus and Brot......ivil Appeal Nos. 244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And M..

Category: Civil Law | Date: | Hits: 212

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....d Deputy Attorney General appearing for the state submits that the order of acquittal was passed by learned Single Judge only on the ground that in the present case sanction was not obtained from the Government. He submits that through inadvertence the copy of the order of President’s Secretariat ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ....... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K......also Reported in:I ADC 545. ..

Category: Criminal Law | Date: | Hits: 63