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Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
.... Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land a......Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land and other. ……..Respondents ......Supreme Court Appellate Division Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners......l Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Mi..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....icate and possession of the suit land through Court in auction purchase and have been enjoying and possessing the same. It appears that the S.A. and R. S. record rightly prepared in the name of the Government. The original owners of the suit scheduled property left this Country before, 1965. The......ted property in pursuance of Government notification No.6199-Genl-dated 03.12.1965 under the defence of Pakistan Rules published by Dhaka Gazette dated 04.12.1965. It appears that the Government of Bangladesh proved the census list as well as others documents as provided under law by way of supp...... Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawye...... Appellate Division Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement Ju..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....f 1972), The Bangladesh Rifles (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976), The Bangladesh Rifles Rules, 1971, The Rifles Regulations, 1922 and other relevant rules made by the Government (herein after collectively referred to as the said laws applicable to BDR); 3. And whe......iamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdr......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......…………………………Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul......Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructe......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ..Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
..............Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secret......tioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secretariat Buildin......ed in: VI ADC (2009) 702. ......Bithi)...................Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Publi..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....on of the defendant that the plaintiffs are fictitious persons. The positive case of the defendant are that Abdul Halim died leaving behind no issue and the suit property vested with the Government as per law. 4. The defendant Nos.1 and 7 submitted written statement denying the ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......in: VI ADC (2009) 695. ......t: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Saleh Ahmed and others……………………......Petitioners Vs. Amena Bewa and others…………….........Respondents ..Category: Civil Law | Date: | Hits: 94
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ...... Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Invol...... Md. Tafazzul Islam J Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment Februar..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122.......I ADC (2009) 661, 63 DLR (AD) (2011) 122.......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv...... Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 200..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....ll the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was paid but later on Government decided to de-requisition their land along with the land of others and thereupon they we......llary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangladesh. He also submits that the High Court Division committed illegality in upholding the argu......nayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 2004) Golam Mostafa and others....Respondent (In Civil Appeal No.108 of 2004) Anowara Begum.........Respondent ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Rajdhani Unnayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 200..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......ed an application for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri......d. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Invo......) Present: Md. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9,..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......ter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plaintiff submitted the bill of lading to defendant No. 7, Agrani Bank, the L/...... Appellate Division (Civil) Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ............... Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment ..Category: Business or Commercial Law | Date: | Hits: 178
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....aged in running business in rearing, cultivating, catching and export oriented marketing of fish. In running such business the writ petitioner takes lease of closed fisheries particularly from the Government. In the district of Mymensingh there exists a closed fishery named "Color Beel"......lso Reported in: 14 MLR (AD) (2009) 312. ......d in: 14 MLR (AD) (2009) 312. ......te Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh and others..................................Petitioners Vs. Sirajuddin Khan.....................Respondent Judgment April 5, 2009. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......e Tribunal was justified in dismissing the appeal in limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit un......General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1......ent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Matiur Rahman Chowdhury..........................Petitioner (In both the cases) Vs. The Commissioner of Taxes, Dhaka ...............Respondent (In both the cases) Ju..Category: Fiscal/Taxation Law | Date: | Hits: 89
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......e Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Joynal Abedin and others….............................Petitioners Vs The State…&hell......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..Category: Criminal Law | Date: | Hits: 47
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......hort, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of the Pourashava and that the Cheque was deposited by opening a ......Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 28 of 2008. (From the judgment and order dated 10.06.2008 passed by the Appellate Division in Criminal Appeal No.34 of 2006.) ......J Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Nurul Absar……………………........Petitioner Vs. The State...................................Respondent Judgment December 4..Category: Criminal Law | Date: | Hits: 43
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....of turnover tax @ 4% and so no illegality was committed in demanding the evaded VAT and in fact demand vide notice dated 31.05.1999 was also issued on Nasir Biri Industries Ltd for payment of Government dues amounting to Tk.7,53,545.23 and moreover after giving personal hearing to the ...... affidavit-in-opposition denying the material allegations and contending that VAT System is a modern concept in the taxation system of the world and it is also an indirect tax being substituted in Bangladesh in the year 1991 in place of Sales Tax and according to the provisions as laid down...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Adul Matin J Nasiruddin Biswas…………..Petitioner Vs. Chairman, National Board of Revenue and others……Respondents Judgment July 27, 2008. Lawyers Involved......ul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Adul Matin J Nasiruddin Biswas…………..Petitioner Vs. Chairman, National Board of Revenue and others……Respondents Judgmen..Category: Fiscal/Taxation Law | Date: | Hits: 83
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....hin, Ali Newaz and Nazar Bibi died leaving behind 4 sons Omar Ali, Joynal Abedin, Golam All, Ashraf All and one daughter Romela Khatun and while they were in possession of the plot in suit the then Government acquired east portion of the plot in suit for which their share in the plot in suit red......d no substance 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) 581. ......upreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Abdul Halim and another……………………………......arim J Md. Joynul Abedin J Md. Abdul Matin J Abdul Halim and another……………………………..Petitioners Vs. Sheikh Abdullah and others……..................Respondents Judgment ..Category: Property Law | Date: | Hits: 30
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenan...... the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including t......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: ......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18,..Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......rporate office at Iqbal Center (17th Floor) , Kemal Ataturk Avenue, Banani C/A, Dhaka-1213 and Marketing Office at 29, Showrawardi Aveneu, Block # K, Baridhara Model Town, Dhaka-1212, registered in Bangladesh. That company is primarily engaged in manufacturing Portland Cement. 5. The prese...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment April 12, 2009. Lawyers I......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment A..Category: Business or Commercial Law | Date: | Hits: 193
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting parties and the Government should be parties in the instant suit for specific performance of contract; th......e find no substance 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) 558. ......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Go...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Golam Mostafa and others……………………..Category: Property Law | Date: | Hits: 25
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