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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. ......lip;…………………………Accused-Petitioner (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 2008. ......meen J Md. Jasimuddin Sarker…………………………………………Accused-Petitioner (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …&h..

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......volved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the Respondent. Jail Petition Nos. 20 And 21 of 2007. (From the judgment and order dated 13.08.2007 and 14.08.2007 passed by the High Court Division in Death Reference No.......7) Chan Miah…………………………………………Petitioner (In Jail Petition No. 21 of 2007) Vs. The State…………………………..

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. ......Mohammad Fazlul Karim J Md. Joynul Abedin J 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 W...... 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..

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......ed in: VI ADC (2009) 330. ......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..

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 ......ip;……………………….Petitioner Vs. River Research Institute, repre­sented by the Director General of the Institute, Faridpur and oth­ers…………………………&hell...... Md. Hassan Ameen J Md. Tozammel Hossain………………………………………….Petitioner Vs. River Research Institute, repre­sented by the Director General of the Institute, Far..

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...... 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 November 12, 2008. Lawyers......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..

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. ......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and oth­ers…………………………&hell......in J Md. Abdul Matin J Md. Abdus Samad and oth­ers……………………………………Petitioners Vs. Md. Mukbal Hossain Mondal and others………………&hel..

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. ...... Appellate Division (Civil) Present: 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…&helli...... 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..

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. ...... repre­sented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ......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..

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......reme Court Appellate Division (Civil) 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...................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 ..

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 ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique and oth­ers..............Respondents Judgment December 7, 1998. Lawyers In......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 ..

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 ...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......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................te 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..............Respond...... 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..

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..

Category: Tenancy Law | Date: | Hits: 124

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......fused on the ground that the block loan will not bear any interest as per terms and con­ditions and the plaintiff Bank did not file any proper account of sale of the pledged goods. Besides, the Bangladesh Bank by a Circular dated 19.3.84 waived penal interest charged against the borrower and...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents ..

Category: Property Law | Date: | Hits: 28

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

....y but only to save himself from any charge of contempt of court as the proforma respondent No. 2, at the direction of the authority issued Memo dated 21.4.97 informed him that the appeal filed by the Government in respect of decreetal property was pending before the Court of District Judge and the a...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... This Case is also Reported in: II ADC (2005) 256.......in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The ......) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The appeal is a......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result:..

Category: Trust/Waqf Law | Date: | Hits: 190

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) Vs....... in: II ADC (2005) 219. ......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant App......J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, repre­sented by its Secretary and..

Category: Property Law | Date: | Hits: 32

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....aintiff has given a go-bye to his case of alleged illegalities and irregularities in the enquiry proceeding. 11. There is also no allegation in the plaint that the procedure provided in the Government Servants (Discipline and Appeal) Rules, 1976 which was being followed by the appellant T......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, rep­resented by its Chairman…………....Appellant Vs.......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, rep­resented by its Chairman…………....Appellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases R..

Category: Employment/Service Law | Date: | Hits: 69

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......of the Rule on 4.6.88 and thereafter engaged Mr. Abdul Mannan Khan Advocate at Rangpur Bench. But in pursuance of the judgment of the Appeallate Division on the 8th Amendment of the Constitution of Bangladesh the record of the said Rule was transferred to Dhaka bench. It was heard and disposed o......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 199..

Category: Property Law | Date: | Hits: 30