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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......er the agree­ment. 4. Mr. Moniruzzaman, the learned Counsel appearing for the respondent No.2 submitted that pursuant to 8.70(b) and (c) of the Investment Agreement dated 15.10.1999 that Bangladesh is the proper forum as the agreement in his section 8.07(a) provide for the agree­me...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ......ision (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin Adalat, Dhaka and others......... Responde..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....m for a period of 99 years and on which he built one room. In compliance with the registered standard agree­ment for lease dated 05.04.1960 Shamsuddin Ahmed paid the entire pre­mium to the Government. He entered into an agreement for sale of the said property on 01.11.1963 with the writ ......007) 901. ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh rep­resented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ...... Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh rep­resented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents Judgment May 04, 2005. ..

Category: Property Law | Date: | Hits: 22

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

..... 2561 of 2005 making the Rule absolute. 2. The respondent Nos. 1-3 as writ peti­tioners filed the above writ petition, in the form of mandamus calling upon the writ respondent No.1, the Government of Bangladesh represented by the Chief Election Commissioner and Respondent No. 2 Bangla...... making the Rule absolute. 2. The respondent Nos. 1-3 as writ peti­tioners filed the above writ petition, in the form of mandamus calling upon the writ respondent No.1, the Government of Bangladesh represented by the Chief Election Commissioner and Respondent No. 2 Bangladesh Election ......ain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Abu Safa…………………….Petitioner Vs Abdul Momen Chowdhury and others………..Respondents. Judgment April 6, 2006. Lawy....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..

Category: Election Law | Date: | Hits: 124

Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)

....53, that the defendant No.3 paid rent and is in possession of the land so acquired from defen­dant No. 7 and that his name has been recorded in the record of right and he is paying rent to the Government, that defen­dant Nos. 1 and 2 are the contractors and they have converted the land i...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......eme Court Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Amal Krishna Chakrabarty being dead his heirs: Kali Das Chakrabarty and others ……………..Petitioners Vs. Sekendar Mallik b...... Md. Ruhul Amin J Md. Tafazzul Islam J Amal Krishna Chakrabarty being dead his heirs: Kali Das Chakrabarty and others ……………..Petitioners Vs. Sekendar Mallik being dead his heirs: Younus Mallik and others.......Respondents ..

Category: Property Law | Date: | Hits: 21

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ...... (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh repre­sented by the Secretary, Parliament Secretariat, Sher-E-Bangla Nagar, Dhaka &a...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh repre­sented by the S......sion (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh repre­sented by the Secretary, Parliament Secretariat, Sher-E-Bangla Naga..

Category: Employment/Service Law | Date: | Hits: 70

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....rt Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Shahidul Hoq @ Md. Shahidul Hoq............... Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner & othe......ivil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Shahidul Hoq @ Md. Shahidul Hoq............... Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner & others, Comilla………&hel......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved:   &......upreme Court Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Shahidul Hoq @ Md. Shahidul Hoq............... Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....Supreme Court Appellate Division (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bijoy Kumar Sarbabidya……………………….Petitioner Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: ...... Appellate Division (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bijoy Kumar Sarbabidya……………………….Petitioner Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result:  The petit...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result:  The petition is dismissed.  Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......) 44. ..

Category: Property Law | Date: | Hits: 39

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases)...... Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. ......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005.   (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. Jahangir Alam & oth­ers..........Respondents (In Civil Appeal No. 38 of 2005) ..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....tion. The deed of gift was registered on April 18,1973, that pos­session of the land gifted was delivered to the defendant No. 1 and since then he is possessing the same upon paying rent to the Government, that plaintiff is on a por­tion of the land with the permission of the defendants, ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... ...... (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shushil Chandra Nath …………….........Appellant Vs. Shanjib Kanti Nath and another …………….......Respondents..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....Writ Petition No. 147 of 1991. 2. The said writ petition was filed by the respondent challenging the detention of Mr. Hussain Mohammad Ershad, former President of Bangladesh, after the fall of his Government of 06.12.1990 pursuant to an order of detention passed by the Government on 11.12.1990 un......sion (Civil) Present Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………App......l Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman …………………………â......l Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 20..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

.... served as a Junior Accountant during the period for 01.09.1986 to 14.07.1990 and Abdus Salam Khan, Cashier of the Central Telegraph Office, Ramna, Dhaka under Telegraph and Telephone Board of the Government of Bangladesh was the custodian of the cash and cash book who went to leave preparatory ......;           Mohammad Fazlul Karim J. - This application for Leave to Appeal under Article 103 of the Constitution of the People’s Republic of Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Divisi......……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J The State…………………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers ..

Category: Criminal Law | Date: | Hits: 62

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

.... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, rep­resented by Land Acquisition Collector, ......Amin J Md. Tafazzul Islam J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, rep­resented by Land Acquisition Collector, Dhaka & others ……&hel......m J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, rep­resented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In ...... Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, rep­resented by Land Acquisition ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....asers since there was restriction for transfer for more then 10 bighas of land at that time. In fact those deed, are sale deeds. An area of 3.90 acres of land of the plaintiffs were acquired by the Government and they had taken compensation money for the said land. Tabarak Hossain Mollah execute......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R...... Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar Roy and others…………....Respondents Judgment..

Category: Property Law | Date: | Hits: 23

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....at one individual was permit­ted to import one reconditioned vehicle which was more than five years old for his personal use and in anoth­er case vehicles more than 5 years old for use in the Government Project were permitted to he imported. But the petitioner's case is otherwise as the im......Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to- Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19. Lawyers Involved: Fida M. Kamal, Additional......28, 8 LG (AD) (2011) 28. ...... Appellate Division (Civil) Present Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to-..

Category: Business or Commercial Law | Date: | Hits: 139

Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)

....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... This Case is also Reported in: V ADC (2008) 120. ...... is also Reported in: V ADC (2008) 120. ......ain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Inland Water Transport Authority (BIWTA) repre­sented by its Chairman & others .............................Petitioners Vs. Md. Sadiqul Islam and others...........Respondents Judgment June 25, 2006. Result..

Category: Employment/Service Law | Date: | Hits: 86

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ......bsp;              Mohammad Fazlul Karim J.- This is an application under Article 103 of the Constitution of the People's Republic of Bangladesh directed against the judgment and order dated 28.03.2005 passed by the High Court Divisi......ADC (2008) 115. ...... Supreme Court Appellate Division (Civil) Present Mohammad Fazlul Karim J Md.Joynul Abedin J Md. Rafiq Uddin and another.......Petitioners Vs. Md. Khorshed Ali Mollah and others………....Respondents Judgmen..

Category: Property Law | Date: | Hits: 27

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Pubali Bank Ltd. Head Office, 26 Di1kusha Commercial Area Dhaka…….Petitioner Vs. The Government of the Peoples Republic of Bangladesh, repre­sented by the Secretary, Ministry of Co......ul Amin J Md. Tafazzul Islam J Pubali Bank Ltd. Head Office, 26 Di1kusha Commercial Area Dhaka…….Petitioner Vs. The Government of the Peoples Republic of Bangladesh, repre­sented by the Secretary, Ministry of Commerce, Secretariat Building, Ramna, D......ate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the  Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the Appellate Division in Civil Appeal No.85 of 1997). ...... Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Pubali Bank Ltd. Head Office, 26 Di1kusha Commercial Area Dhaka…….Petitioner Vs. The Government of the Peoples Republic of Bangladesh, repre­sented by the Secretary,..

Category: Property Law | Date: | Hits: 36

St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)

....s therefore no cogent rea­son to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......, was non-responsive and any process for awarding the contract to the respondent No.1 should be immedi­ately cancelled with a direction upon the respondent Nos. 3 and 4, Ministry of Finance and Bangladesh Bank respective­ly, to award the contract in favour of the petitioner, writ-respond...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La......d Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents ..

Category: Business or Commercial Law | Date: | Hits: 110

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....name of the said Zimander. The government by virtue of two different notifications dated 15.12.1953 and 31.3.1985 published in the official Gazette vested the suit land in the Forest Department of Government. Since then the Forest Department of the Government has been looking after and managing ......rned Single Judge, although dismissed the suit by dis­charging the rule, held the same view as under: "The suit land as admitted vested in the Forest Department of the Government of Bangladesh as per Gazette Notifications exhibits 1 and 1 (a) and these notifications have not been ......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred......ppellate Division (Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, ..

Category: Property Law | Date: | Hits: 35

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....ration. On the basis of those kabala deeds, the defendants did not take over the possession of the suit land. The plaintiff has been possessing the suit land on payment of rent and other taxes to the Government. She has been performing the functions of Mutwalli of the Waqf Estate. Hence is the suit.......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F......pellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ammen J Mosammat Parveen Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment..

Category: Tenancy Law | Date: | Hits: 155