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MA Sattar and others Vs. State, 2008, 37 CLC (AD)

.... No. 8 of 2001). Mossammat Aftara Begum...........Respondent (In Criminal Appeal No. 9 of 2001). Sarwar Habib Sinha.......................Respondent (In Criminal Appeal No. 10 of 2001). Government of Bangladesh and others................................Appellants (In Civil Appeal No. 5......). Mossammat Aftara Begum...........Respondent (In Criminal Appeal No. 9 of 2001). Sarwar Habib Sinha.......................Respondent (In Criminal Appeal No. 10 of 2001). Government of Bangladesh and others................................Appellants (In Civil Appeal No. 596 of 2001) ....... 1 of 2001). Rawshan Ara Begum @ Rowshan Ershad.......Appellant (In Criminal Appeal No. 2 of 2001). Abdus Sukur Prodhan and others.............Appellants (In Criminal Appeal No. 3 of 2001). Vs. The State............................Respondent (In all the appeals) The State.............LC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..

Category: Anti-Corruption Laws | Date: | Hits: 294

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....p;              Moulana Md. Sibgatullah…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the     Secre......bsp;       Moulana Md. Sibgatullah…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the     Secretary, Ministry of Education, Bangladesh......nbsp;                Moulana Md. Sibgatullah…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the   &n......ion. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ..

Category: Employment/Service Law | Date: | Hits: 77

Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)

....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Irshad Hossain ……..........Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, B......nt: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Irshad Hossain ……..........Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary......(2009) 82. ..

Category: Civil Law | Date: | Hits: 80

Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)

....y misdirecting himself in passing the impugned judgment in violation of Rule 78 of K.D.A. 8. Admittedly the land in question was acquired as per L.A. Case No. 2A/1965-66 and it vested in the Government free from all encumbrances. 9. It appears that the petitioner himself applied fo......to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ...... Court Appellate Division (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Sheikh Abul Hossain and others ……........Petitioners Vs. Khulna Development Authority represent­ed by its Chairman, Upper Jessore Road, K.D.A...... in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..

Category: Property Law | Date: | Hits: 26

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

.... 58. ......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, repre­sented by the Secretary, Ministry of Public Works, Dhaka and others………........... ADC (2009) 58. ......rd­ingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..

Category: Tenancy Law | Date: | Hits: 155

M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and oth­ers, 2007, 36 CLC (AD)

....nce, this leave petition. 6. Zahirul Islam, the learned Advocate-on-Record, appearing for the petitioner, submits that the fixation of tar­iff value was not a discretionary matter of the Government rather it was subjected to compliance of provisions and procedures of Rules namely (i) f......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......azlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Meghna Dairy and Food Products Ltd……………………. Petitioner Vs. Commissioner of Customs and oth­ers ........Respondents Judgment Decem......is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....ting aside the impugned judgment and decree pass­ing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......llate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents ......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………R......urt Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..

Category: Banking Law | Date: | Hits: 96

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....5. Leave was granted to consider the sub­mission of Rokanuddin Mahmud, learned Counsel, appearing for the appel­lant that the letter of joint allotment dated 30.10.1994, acting in terms thereof the Government having executed a registered lease deed dated 05.11.1994 in favour of writ petitioner and......and order dated 16.08.2000 passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991......) 255. ......t any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..

Category: Property Law | Date: | Hits: 74

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

.... Md. Joynul Abedin J Md. Abdul Matin J M/s. Molla industrial Estate……………Appellant (In Civil Appeal Nos.135-136 of 2000) Government of Bangladesh & others……Appellants (In Civil Appeal Nos.137-138 of 200......Joynul Abedin J Md. Abdul Matin J M/s. Molla industrial Estate……………Appellant (In Civil Appeal Nos.135-136 of 2000) Government of Bangladesh & others……Appellants (In Civil Appeal Nos.137-138 of 2000) Vs. ......……………Appellant (In Civil Appeal Nos.135-136 of 2000) Government of Bangladesh & others……Appellants (In Civil Appeal Nos.137-138 of 2000) Vs. Khawja Mohammad Arifullah & others...Respondents (In Civil Appeal No.135 of 2000) M......LR (AD) (2009) 99. ..

Category: Property Law | Date: | Hits: 42

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....t the power of the Apex Court under Article 142(1) of the Constitution cannot be diluted mere­ly because the statute, namely, the Delhi Special Police Establishment Act, stipulates that the State Government's permission will be necessary if the CBI is to investigate any offence committed within ......s of that case and harassment of the appellant and held as under: "In view of the circumstances above and in virtue of the power conferred upon this Court by the Constitution of Bangladesh, vide Article 104, to do complete of justice in a case it is declared that Gannyson Limit...... Cases Referred To- Abdul Quddus vs. the State in 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary ...... Ed. This Case is also Reported in: V ADC (2008) 1001. ..

Category: Criminal Law | Date: | Hits: 62

Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)

....tacked in a very indecent and unacceptable manner for which the Kadianies namely the supporters of Ahmadia Jamaat have already been declared as non Muslim by Parliament of Pakistan, Iran and by the Government of Saudi Arabia; In of good number of decisions of the highest Courts of different Coun......bsp;               Mohammad Fazlul Karim J. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 20.04.2005 passed by the High Court Di......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Mohammad Dabiruddin.................... Petitioner Vs. A.K. Rezaul Karim and others…….......Respondent Judgment July......tion is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ..

Category: Constitutional Law | Date: | Hits: 114

S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)

....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ot papers is illegal and cannot be sustained in law. 3. Challenging this order the petitioner moved the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh and a Rule was issued upon the respondents to show cause as to why the impugned orders d......vision (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3,...... is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ..

Category: Election Law | Date: | Hits: 98

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the plaintiff would get benevolent fund and group insurance benefit under the Government and Autonomous Bodies Employees Benevolent Fund and Group Insurance Ordinance, 1982 (Ord...... entitled to the benefits of benevolent fund and group insurance, as per the provisions of the Ordinance No. XXXIX of 1982. 9. It appears the Ordinance No. XXXIX of 1982 was published in the Bangladesh, gazette on, September 29, 1982 and in section 1(3) of the said Ordinance it has been pr...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Director and Secretary Ministry of Establishment Board of Trustees and others................ Appellants Vs. Md. Hossain and others..............Respondents Judgment July 2, 2006. ......der as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..

Category: Employment/Service Law | Date: | Hits: 82

Md. Hossain Zakir Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (AD)

....n (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Hossain Zakir..........................Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of F...... Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Hossain Zakir..........................Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Foreign Affairs, Dhaka & others&hell......te Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Hossain Zakir..........................Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Mi......petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 964. ..

Category: Administrative Law | Date: | Hits: 99

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

.... Anwar Hossain...........................Petitioner (In Civil Petition No. 48 of 06) Ahasan Habib ............................Petitioner (In Civil Petition No.49 of 06) Vs. Government of Bangladesh and others.....Respondents (In all the Civil Petitions) Judgment ......ain...........................Petitioner (In Civil Petition No. 48 of 06) Ahasan Habib ............................Petitioner (In Civil Petition No.49 of 06) Vs. Government of Bangladesh and others.....Respondents (In all the Civil Petitions) Judgment August ......of 06) Anwar Hossain...........................Petitioner (In Civil Petition No. 48 of 06) Ahasan Habib ............................Petitioner (In Civil Petition No.49 of 06) Vs. Government of Bangladesh and others.....Respondents (In all the Civil Petitions) ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)

....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......n J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat, Dhaka & others ...................Respondents Judgment Ja...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat,...... Ed. This Case is also Reported in: V ADC (2008) 957. ..

Category: Property Law | Date: | Hits: 21

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

....ed deed dated 01.07.1989 and delivered posses­sion thereof. Plaintiff after purchasing the land of schedule Nos.1-3 described in the plaint mutated his name and regu­larly paid rent to the Government. The defendants disclosed that there was mis­take in the registered deeds of the pla...... at 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: V ADC (2008) 952. ......ion (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others …………………&helli...... The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ..

Category: Property Law | Date: | Hits: 24

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....consideration. Charubala delivered possession to the defendant No. 7 who constructed dwelling house from south-west corner of the plot in question and has been pos­sessing by paying rent to the Government since purchase and as such the defendant No.7 is praying for sepa­rate saham in resp......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Palash Kumar Saha and another ………………..Petitioners Vs. Santosh Chandra Roy and others ………………Responden......­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ..

Category: Property Law | Date: | Hits: 23

Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)

....oner has given a go by to that case as the item appears in the 3rd schedule. It has been argued by learned Advocate that supplementary duty was imposed on the basis of a notification published by the Government under Section 14(1) of the VAT Act, i.e. the SRO No. 45 dated 14.02.2000; that the proviÂ......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......oner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....nt in Dhaka. The appellant was also Professor of Pathology in Dhaka Medical College Hospital and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispen­sary as Medical Officer and that the appellant purchased a plot of land measu......uction of the house in Gulshan. After completion of the construction the house was let out to the Hoechst Pharmaceuticals Co Ltd Dhaka. The respondent No.1 during the liberation period in 1971 left Bangladesh for India and thereafter the appellant took her to UK in early 1972 from India and they......l) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. ......e Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respon..

Category: Procedural Law | Date: | Hits: 173