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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......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm......) 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. ......espondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved:......……………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..

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...... 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 (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal...... 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 ..

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...... 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 23, 2007. Case Referr......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..

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......sent: 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, 2007. Case Referred To-......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,..

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......n: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... (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. ..

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...... Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1041 of 2005. (From the judgment and order dated 25.07.2005 passed by the Administrative Appellate Tribunal in A.A.T. Case No.236 o......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..

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 .........................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 2, 2007. ......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) ..

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......t: 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, Dhaka & others ...................Respondents ...... 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,..

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. ...... 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 ……………………….......Responden......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..

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. ......44. ......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..

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 provi�......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. ......Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Alam, Proprietor of M/S. Alam & Co. (Pvt.) Ltd.........Petitioner Vs The Commissioner of Customs and others …………….....Respondents Judgment November 14, 2007. Result: The peti......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. ..

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......d 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. The Code of Civil Proc......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. ..

Category: Procedural Law | Date: | Hits: 173

Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)

.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve......nt: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January ..

Category: Property Law | Date: | Hits: 26

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

.... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-op...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, r......vil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministr..

Category: Civil Law | Date: | Hits: 126

Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Fen......Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………&hellip...... Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs......Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs. Sultan Ahmed and ors............................Respondents Judgment Nov..

Category: Property Law | Date: | Hits: 25

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......nbsp; ......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R...... (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................Respondents Judgment &nb..

Category: Civil Law | Date: | Hits: 126

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....ntiff-respondent No. 1 became the owner of the land owned by his father and continued possessing the same jointly with other defendants. 4. On account of default of payment of rent the then Government of East Pakistan sold the said land under 'C' schedule in auction to the plaintiff-respo......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......esent: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Probir Kumar Rakshit ……..................Appellant Vs. Abdus Sabur & others...........Respondents Judgment &n..

Category: Property Law | Date: | Hits: 42

Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)

....gh Court Division in Civil Revision No. 4334 of 1998 discharging the Rule. 2. The short fact leading to the filing of the leave petition is that the suit land is originally recorded as Government khas land during the time of CS operation. The suit land was sold in auction for arrear ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ...... Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). ...... Supreme Court Appellate Division (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Kulsuma Khatun.....................Petitioners Vs. Rahman Sobhan..................Respondents Judgment December 5..

Category: Property Law | Date: | Hits: 20

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