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Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......on 30.8.1985 the above suit was decreed on contest with a direction that the respondents are to pay monthly installments of TK. 50,000/- with interest at the rate of 13% to adjust the decreetal dues; Bangladesh Bank, by Circular dated 7.10.1991, directed the banking institutions to exempt interest u......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beauty Engineers Corporation and others…………........ion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beau..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... by the High Court Division in Writ Petition No. 12174 of 2006 (analogously heard with Writ Petition Nos.6703 of 2004 and 12175 of 2006) discharging the Rule with cost of Tk.5,000/- to be paid to the Government through treasury challan. 2. The facts, in short, are that the petitioner, as writ...... MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil...... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dh..

Category: Business or Commercial Law | Date: | Hits: 216

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

.... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Secretariat B...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Ramna...... ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Se..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......zul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents Judgment May 10, 2009. Lawyers Involved:......: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents Judgment ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....eem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Government, Bangladesh Secretariat, P.S.-Ramna, Dhaka and others……………..Respondents ......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Government, Bangladesh Secretariat, P.S.-Ramna, Dhaka and others……………..Responde...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the Peopl......min CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Government, Bang..

Category: Property Law | Date: | Hits: 23

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment November 12, 2009. Lawyers Involv...... Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment N..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....dates to plaintiff No.1 (9 decimals), the defen­dant No.2 (9 decimals) and defendant No.3 (9 decimals), vide registered sale deeds and accordingly the plaintiffs mutated their names and were playing Government's rates and charges against receipt since their purchases in 1984 and that during S.A. su......ukuri Bibi, Rahela and Daulat Bibi, and being aggrieved there against the defendant respondent No.1 as petitioner preferred Civil Revision No.1760 of 2006 in the High Court Division, Supreme Court of Bangladesh, and a Rule was issued thereon which has been dis­posed of by the impugned judgment and ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A......t here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....rries on business, inter alia, of manufacturing and marketing of beverage products having established a modern factory in Gazipur and after taking necessary license from the relevant authority of the Government produced, "malt beverage" and the company markets its products under the trade name "Crow......otection of life is more than right to trade and as such the impugned judgment cannot be main­tained. 8. It was further submitted that Article No.18 of the Constitution of the Peoples Republic of Bangladesh clearly empowers the Government to take appropriate meas­ures to save the people of the ......ted in: VII (ADC) (2010) 132....... Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Department of Narcotics Control Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. La..

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......f the said plot in his favour. 3. In the aforesaid premises the writ peti­tioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present peti­tioners to show cause as to why they should not be directe......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......ziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Civil Appeal No. 290 of 2007) Vs. Mostafa Kamal and others.....Respondents (In both cases) Judgment April 27, 2009. C..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....any, a banking compa­ny or a bank, a broker's office or stock exchange, a club, a hotel or a restau­rant or an eating house, cinema or the­atre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establish­ment ......0) 201.......llate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Bangladesh Water Development and others.........Appellants Vs. The Chairman, Divisional Labour Court, Khulna and another…......ent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Bangladesh Water Development and others.........Appellants Vs. The Chairman, Divisional Labour Court, Khulna and another….........Respondents Judgment ..

Category: Labour and Industrial Law | Date: | Hits: 110

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers..

Category: Property Law | Date: | Hits: 33

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

.... that the disputed building was allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilita­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part,......t. Since purchase the respon­dent No.3 had been in possession of the house but in the meantime the property was enlisted in the 'Kha' list of the aban­doned property in Gazette date 22.09.1986 in  Bangladesh Gazette Extra-ordinary published under abandoned building (Supplementary  Provision)  O......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......vision (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment Feb..

Category: Property Law | Date: | Hits: 37

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

.....7112 of 1997 making the rule absolute. 2. The facts, in short, are that the respon­dent's father Manzur Ahmed, a refugee from India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family ......om India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence of Bangladesh, the marriage ceremony of his daughter, the respondent was solemnized in the said house 0......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 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 secretary, Ministry of Communication, Bangladesh Secr...... 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 secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent ...... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..

Category: Employment/Service Law | Date: | Hits: 67

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

....re seized illegally without any valid docu­ment and without issuing any seizure list. In the supplementary affidavit the writ petitioner submitted that the Bangladesh Standard Testing Institution, a Government testing organization, on chemical examination of the samples of the imported goods sent t......nish­ing agent is 5% and that the goods were seized illegally without any valid docu­ment and without issuing any seizure list. In the supplementary affidavit the writ petitioner submitted that the Bangladesh Standard Testing Institution, a Government testing organization, on chemical examination ......) 65. ......vil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Commissioner of Customs, Customs Excise and VAT, Chittagong & others......Petitioners Vs. Talha Tex Pro Limited..............Respondent Judgment March 27, 2008. ..

Category: Fiscal/Taxation Law | Date: | Hits: 253

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....o refund the VAT already realized from the bills of the PSI Agencies. 4. The writ petitions were filed more or less with the common contentions, that PSI Agencies  were  appointed by the Government to  render service outside Bangladesh and that VAT being levyable for service render......bills of the PSI Agencies. 4. The writ petitions were filed more or less with the common contentions, that PSI Agencies  were  appointed by the Government to  render service outside Bangladesh and that VAT being levyable for service rendered in Bangladesh hence PSI Agencies are not......t Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases) Vs. Intertek Testing Services International Ltd....... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases) Vs. Intertek Testing Services International Ltd. and another.......Respondents (In Civil Appeal N..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)

....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......ments in spite of objections raised by the defendant Bank and the plaintiff on 24-7-2008 filed an application under Order XXVI, rule 9 of the CPC for audit of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................l) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others................Respondents Judgment June 21, 2009..

Category: Others | Date: | Hits: 94

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as the salary of two gardeners of the Embassy of Bangladesh namely Md. Jewe...... J SK Sinha J Anti-Corruption Commis­sion .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prev......vision (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J MM Hossain J SK Sinha J Anti-Corruption Commis­sion .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, ....... ..

Category: Anti-Corruption Laws | Date: | Hits: 186

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

.... the basis of tariff value in respect of imports where letters of credit were opened prior to the dele­tion of the tariff value. 6. The respondents filed affidavit-in-reply contending that the Government is not competent to fix any price like the indicative price and whatever price is fixed b......Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave ...... 217. ......sion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Hab......(Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Habibul Awal...........Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Habibul Awal............Appe...... J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008). Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both..

Category: Constitutional Law | Date: | Hits: 207