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Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

............Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referred to- Government of the People's Republic of Bangladesh vs. S.M. Fariduddin 21; Junnur Rahman vs. Banglade......88 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. ......il Petition No.1088 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment O......issed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....ngly both the parties filed an application in the Court on 04.08.1983  for compromise but as ill luck would have it, the vendor Abdul Hamid Khan Qamar died on 26.08.1983 and he was buried at Government Mirpur Graveyard and thereafter Jobeda Khatun and Abdul Jabbar Khan, respec­tively t......oynul Abedin J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. ......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respond...... Ed. This Case is also Reported in: VI ADC (2009) 551. ..

Category: Property Law | Date: | Hits: 26

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....Title Suit No.64 of the Court of First Subordinate Judge, Dhaka was obtained by practising fraud and forgery upon the Court by the defendant No.1 and as such the same is void and not binding on the Government for a declaration that the judgment dated 10.04.1997 passed in Writ Petition No2456 of ......min CJ Mohammad Fazlul karim J Md. Joynul Abedin J Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secr...... MM Ruhul Amin CJ Mohammad Fazlul karim J Md. Joynul Abedin J Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Housing and Public Works, Bang...... Ed. This Case is also Reported in: VI ADC (2009) 547. ..

Category: Property Law | Date: | Hits: 23

Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)

....ision and there 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: 14 MLR (AD) (2009) 298. ......also Reported in: 14 MLR (AD) (2009) 298. ......Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Krishi Bank, represented by the Managing Director and others……….Petitioners Vs. Md. Saidul Haque...................Respondent Judgment July 15, 2008. Case Referred ......tition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ..

Category: Administrative Law | Date: | Hits: 189

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

.... of taxi-cab. The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the city area......The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the city areas took several......vil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…..........................Respondents Judgment ......Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......Palli Daridra Bimochan Foundation applied for Registration of Trade Union under Palli Daridra Bimochan Foundation in the name and style of “Palli Daridra Bimochan Foundation Kormochari Union, Bangladesh under the provision of section 8(1) of the Industrial Relation Ordinance, 1969" whi......ul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Mir Sattaruddin, Md. Johirul Alam, Md. Jamal Uddin and Md. Amir Hossain........Petitioners Vs. Palli Daridra Bimochon Foundation, represented by the Managing Director and another........... This Case is also Reported in: 14 MLR (AD) (2009) 278. ..

Category: Employment/Service Law | Date: | Hits: 68

General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)

.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ......e Division (Civil) Present: M.M. Ruhul Amin CJ Md. Abdul Matin J   Md. Abdul Aziz J        General Manager, Bangladesh Railway……………….Petitioner Vs. Badr......l Matin J   Md. Abdul Aziz J        General Manager, Bangladesh Railway……………….Petitioner Vs. Badruddin Ahmed being dead his heirs: Most. Sajeda Begum and others....Respondents ...... The petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....- Sayeda Mazada Khatun Vs. Bangladesh Shilpa Rin Sangstha 55 DLR (AD) 82 (85); Aminul Islam and others Vs. M/s. James Finly and Co. Ltd. 26 DLR (SC) 33; Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others Vs. M/s. M F Limited 44 DLR (AD) 166. Lawyers Involved......abna and Others……………Appellants Vs. Al-haj Md. Abdul Latif Biswas and another……………..Respondents Judgment May 7, 2007. Cases Referred To- Sayeda Mazada Khatun Vs. Bangladesh Shilpa Rin Sangstha 55 DLR (AD) 82 (85); Aminul Islam and others Vs. M/s. James Finly and......ate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Land Acquisition Officer, Pabna and Others……………Appellants Vs. Al-haj Md. Abdul Latif Biswas and another……………..Respondents Judgment May 7, 2...... Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Chayon Ahmed Chowdhury Vs. Bangladesh Water Development Board, 2007, 36 CLC (AD)

....e discussion made hereinabove we do not find any merit in the petition.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J Chayon Ahmed Chowdhury…......Petitioner Vs. Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Co......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J Chayon Ahmed Chowdhury…......Petitioner Vs. Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, M......    Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 106

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....n J Md. Hassan Ameen J M/s. IBTA Bangladesh (Pvt.) Ltd. represented by its Managing Director, house No. 25/B, Road No. 9/A, Dhanmondi, Dhaka and another.............Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Bangladesh...... This Case is also Reported in: ......Ruhul Amin J Md. Hassan Ameen J M/s. IBTA Bangladesh (Pvt.) Ltd. represented by its Managing Director, house No. 25/B, Road No. 9/A, Dhanmondi, Dhaka and another.............Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, B...... infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 98

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. ....... Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. Md. Abdur Rashid Miah and another...............Respondents Judgment May 1......etition is dismissed.    Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 61

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ......er is the appropriate person for the custody of the minors in the background of the question of welfare of the minors. It has been stated by the writ petitioner that the respondent No.1 returned to Bangladesh with a wife and going to hold weeding reception, that the respondent Nos. 2 and 3 on the......hul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Samudra Ejazul Haque and others………………….Petitioners Vs. Farhana Azad and another……………………&...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ..

Category: Family Law | Date: | Hits: 171

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......st the possession of the defendant No.1's predecessor and also to the possession of the defendant No.1, that since the death of his father defendant No.1 is in possession of the land in suit, that Bangladesh Khatian No. 309 has been prepared in the name of the defendant No.1. 5. The suit ......Present: Md. Ruhul Amin CJ  M.M. Ruhul Amin J Md. Hassan Ameen J Bhaja Krishna Barman and others…………………..Appellants Vs. Sree Raghunath Chandra Barman being dead in heirs: Sree Ramchandra Kumar Barman and ...... Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 28

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… P...... Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… Petitioners. Vs. Md. Ferozur Rahman and another….........Respondents. Judgment Febr...... Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity 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) 525. ......g that the plain­tiff No.1, who himself was examined as P.W.1, in his deposition admitted that Ram Ratan Bal went to India during liber­ation war and returned back after libera­tion of Bangladesh and P.W.2 also admit­ted the said fact that Ram Ratan Bal went to India during Pakis...... Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another……………………………...Petitioners Vs. Gopal Chandra Bal and others…………………&hel......ismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ..

Category: Property Law | Date: | Hits: 74

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....record was prepared at the instance of Jogendra who all along knew the fact of the record and the plaintiff had also the knowledge about the record. The interest of Kedar and Nagendra vested in the Government and accordingly, in vested property Miscellaneous    Case No. 5(Suja)/19......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......esent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Jabbar Sarder…........................Petitioner Vs. Assistant Custodian, Enemy Property, Pabna and others………........Res...... Ed. This Case is also Reported in: VI ADC (2009) 522. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

.... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner ...... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. ......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. Enamul Huque and others.........................Respondents Judgment Augu...... Ed. This Case is also Reported in: VI ADC (2009) 519. ..

Category: Property Law | Date: | Hits: 26

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

.... without referring him to the Civil Surgeon. The respondent was again intimated by anoth­er letter dated 16.6.1993 of the appellant No.2 to remain on compulsory leave as per Rule 11 (2) of the Government Servants (Discipline and Appeal) Rules, 1985 until further orders although the said Sub-......acter made it necessary to do so. 9. Review matters are governed and regu­lated by the provisions of Order 47, Rule 1 of the Code of Civil Procedure and Order 26 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. As a matter of practice and rules this court proceeds ......zlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J General Manager, Postal Insurance, Eastern Region, Dhaka and another……….Appellants Vs. A.B.M. Abu Taher………………….......Responden...... 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..

Category: Administrative Law | Date: | Hits: 159

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ...... and the hearing date was fixed on 10.5.2004 but the hearing could not take place. Due to high quality of Yellow Pages Directory containing maximum informa­tion about the business houses within Bangladesh and abroad it became a favourite to the business houses and differ­ent sections of ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ...... Ed. This Case is also Reported in: VI ADC (2009) 505. ..

Category: Intellectual Property Law | Date: | Hits: 329

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....t Teacher and since then she was performing her duties with good reputation; she orally prayed for study leave for her admission to B. Ed course which was allowed and then she was admitted to a non-Government B. Ed college, Mymensingh and that since the class of B. Ed course used to be held in th......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) 485. ......in CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Khandaker Jalaluddin and others……………..........Petitioners Vs. Most. Jamila Khatun…....................................Respondent Judgmen...... Ed. This Case is also Reported in: VI ADC (2009) 485. ..

Category: Employment/Service Law | Date: | Hits: 66