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Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

.... Appellant's Coun­sel before him. Reasonings in his judgment appeared to show that the appellant's Counsel contended before him that the respondent No.1’s rates were abnormally below the Government's estimated rates, and this also showed the possibility of corruption and dishonesty. Th......1984-85. 3. Estimated cost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from any Schedule Patra. 5 years Bangladesh Sanchay Patra and Bonus Sanchay Patra. 5. Time allowed: Up to 30th June, 198. ......Munim CJ Barul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment Dec......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ..

Category: Others | Date: | Hits: 84

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

.... Ed. This Case is also Reported in: I ADC (2004) 371.......Case is also Reported in: I ADC (2004) 371.......il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2...... petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....e citizen, that the respondent Nos. 3-5 along with their members in the Parliament are boy­cotting the Sessions of the Parliament for fulfillment of the demand for bringing a bill for Caretaker Government by the Government and thus said act of the respondents and their members in the Parliame...... Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......he affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..

Category: Constitutional Law | Date: | Hits: 147

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....ellant claimed that under section 6 of the Income-tax Act, assess­ment would be made under three specific heads under three different sections, namely, (i) Income from "interest on Government securities" under section 8, (ii) Income from "business" under section 10......rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ......Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Build­ing Finance Cor­poration………………Appellant all cases. Vs. Commissioner of Income Tax, Dhaka North Zone, Dhaka…………&hell...... deter­mine."  ..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

....46 of 1965 for declaration that the Go­vernment notification dated 21.1.63 showing final publications of the compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition and Tenancy Act is invalid and ultra vires. 3. The sai....... ......Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, re­presented by the Dy. Commissioner, Faridpur....  Appellant. Vs. Abul Kaiser Chow­dhury and others. ………………&......ase is also Reported in:  37 DLR (AD) 85. ..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

....shall also taken into ac­count." (ii) in sub-section (2), after the words "null and void" the words ''and the land so transferred shall be forfeited to the Provincial Government" shall inserted and (iii) after sub-section 2 so amended, the followi...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......sent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respon­dent Judgment ...... ..

Category: Others | Date: | Hits: 86

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... finding to the effect that the petitioner has pur­chased the property by saf-kabala deed from the decree-holder who obtained saf-kabala deed through Court in an execution proceeding; that the Government did not file any appeal against the said judgment and decree. Therefore, the instant pro...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......meen J Md. Jasimuddin Sarker…………………………………………Accused-Petitioner (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …&h......n is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..

Category: Criminal Law | Date: | Hits: 64

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......een falsely implicated in this case out of mere suspicion. It has further been asserted that this deceased might have been killed by unknown miscreants when he was engaged in smuggling in the India-Bangladesh border area. 9. Considering the evidence on record and the defence version the l......7) Chan Miah…………………………………………Petitioner (In Jail Petition No. 21 of 2007) Vs. The State…………………………...... This Case is also Reported in: VI ADC (2009) 335. ..

Category: Criminal Law | Date: | Hits: 41

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....he developments of its local area, running Hospitals, Educational Institutions, Markets, Roads etc. to facili­tate the needs of people of its area. 3. The Public Works Department of the Government considering the necessity and expediency for the establishment of the Shishu Park over 8......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ...... Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public Works Department (PWD) Public Works Division No. IV Agrab...... This Case is also Reported in: VI ADC (2009) 332. ..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ...... inter alia, that they were registered Auto Tempo and Baby Taxi Malik Samity and they have been plying their Auto Tempo and Baby Taxi with the approval of the District Regional Transport Committee of Bangladesh Road Transport Authority carrying passengers on the pub­lic Highway from Kishoreganj Dis......hammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Masud Miah and others……………………………………………………………………………….Petitioners Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity and others…….Respondents Judg......tition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ..

Category: Civil Law | Date: | Hits: 118

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

.... to the petitioner and other ex-employees as per the pension rule of respondent No. 2,Water Development Board. On 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petit......oner and other ex-employees as per the pension rule of respondent No. 2,Water Development Board. On 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petitioner retired ...... Md. Hassan Ameen J Md. Tozammel Hossain………………………………………….Petitioner Vs. River Research Institute, repre­sented by the Director General of the Institute, Far...... for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..

Category: Employment/Service Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......e, Dhaka in pursuance of the notice. The writ peti­tioner has further challenged vires of Rules 19w of the said Rules being ultra vires of the Emergency Power Ordinance, 2007 and the Constitution of Bangladesh. 3. During investigation the investigating officer recorded the statement of witness­......CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment......, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...

Category: Anti-Corruption Laws | Date: | Hits: 119

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

....have been in possession in the entire suit land excepting 18 decimals of land of Plot No. 1638. The S.A. record No.221stood recorded in the name of defendant No.1 and 2; that they paid rent to the Government vide exhibit-Uma series, 17 in numbers whereas the plaintiff failed to produce any rent ......ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......in J Md. Abdul Matin J Md. Abdus Samad and oth­ers……………………………………Petitioners Vs. Md. Mukbal Hossain Mondal and others………………&hel...... This Case is also Reported in: VI ADC (2009) 320. ..

Category: Property Law | Date: | Hits: 28

Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)

.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib………………………&hell...... Ed. This Case is also Reported in: VI ADC (2009) 314. ..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

....the basis of that agreement. Md. Ziaul Islam, further claimed that he filed a suit for specific performance of contract (Title Suit No. 12 of 1975) against the original allotee and in that suit the Government of Bangladesh was also defendant. The suit was decreed and on execution of the decree, h......C (2005) 346. ......Karim J Md. Hamidul Haque J The People's Republic of Bangladesh repre­sented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Re...... Ed. This Case is also Reported in: II ADC (2005) 346. ..

Category: Property Law | Date: | Hits: 38

Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

....the Misc. Case was barred by limitation. It fur­ther appears that the learned District Judge on consideration of the evidence on record also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident proper...... was barred by limitation. It fur­ther appears that the learned District Judge on consideration of the evidence on record also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident property Rajbari pre......l) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents ......Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents Judgmen..

Category: Limitation Law | Date: | Hits: 166

Md. Badruzzaman Vs. Begum Shamima Naz Siddique and oth­ers, 1998, 27 CLC (AD)

....st 1985 as not maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of the plaint by way of substitution of the Government of Bangladesh represented by the Deputy Commissioner, Bogra in place of the deceased def...... maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of the plaint by way of substitution of the Government of Bangladesh represented by the Deputy Commissioner, Bogra in place of the deceased defendant as she ......TM Afazal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique and oth­ers..............Respondents Judgment ...... Appellate Division (Civil) Present: ATM Afazal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique ..

Category: Property Law | Date: | Hits: 31

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....hat the DIT road over plot No. 685 covering a area of .15 acre and 0.29 acre of land which previously possessed by the tenants of Barada Kanta Chakravarty now is being possessed the tenants under the Government, that   Barada kanta Chakravarty did not sell .81 acre of land or any land to t......ion to the learned Additional Attorney General and the Deputy Commissioner by the Memo, dated 22.11.2003 furnished the information. The con­tents of the said Memo, runs as follows: "Government of Bangladesh office of the Deputy Commissioner, Dhaka L.A. Department (sec-8) Memo No.জ়েঃ ......Reported in:II ADC (2005) 326. ......appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..

Category: Property Law | Date: | Hits: 45

Bangladesh and oth­ers Vs. Jahangir Alam and others, 1998, 27 CLC (AD)

....97. (From the Judgment and Order dated 26 May 1997 passed by the High Court Division in F. M. A. No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant Government of Bangladesh and its 4 officials, following leave, is from the judgment and order dated...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and oth­ers...........Appellants Vs. Jahangir Alam and others................ ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and oth­ers...........Appellants Vs. Jahangir Alam and others..............Respondents Judgment November 18, 19...... Judgment November 18, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney -General, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants Md. Nawab Ali, Advocate-on-Record - For Respondent No. 1. Not Represented - Respondent No. 2..

Category: Property Law | Date: | Hits: 34

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

.... 17 of 1998. (From the Judgment and Order dated 3 February 1994 passed by the High Court Division in Civil Revision No. 1588 of 1989) Judgment Mohammad Abdur Rouf J.- Defendant Nos. 2-5, the Government of Bangladesh and its three officials have preferred this appeal, on leave, from the judg...... (2005) 297.......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Govt. of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Invo...... ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the petitioner Sharifuddin Chaklader, Advocate-on-Record..

Category: Tenancy Law | Date: | Hits: 124