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Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

....for disposal of the petition are that respondent Nos. 1-22 filed writ Petition No. 6364 of 2004 stating, inter alia, that they are employees of Rajshahi Krishi Unnayan Bank in short RAKUB and that Government adopted Rajshahi Krishi Unnayan Bank Karmachari Chakuri Probidhanmala, 1988 which was pu......04 and that by the amended Padannoti Nitimala the Board of Directors kept themselves away from the promotion process and left the whole matter of promotion with the Bank management in the sprit of Bangladesh Bank's BRPD circular letter No.3 dated 19.2.2002 and it was further mentioned that the p...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................R...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................ Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................Responde......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..

Category: Criminal Law | Date: | Hits: 33

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....r, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15,  1978 transferred 12 Tea Estates to the appellant which also includes t......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I...... Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment ..

Category: Property Law | Date: | Hits: 43

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 ......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment ..

Category: Banking Law | Date: | Hits: 157

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......urt Division allowed the appeal without considering that the properties in possession of the defendants are in danger of being wasted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......esent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment..

Category: Property Law | Date: | Hits: 36

Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....rovision of said Act still not affect the provisions of any other law for the time being in force and also is not in addition to the provisions of any other existing law. Section 7(2) (Chha) of Local Government (Union Parishads) Ordinance,1983 provides that if any of the installments granted to a lo......etition. On appeal in Election Appeal No.1 of 2003 before the learned District Judge and the Election Appellate Tribunal, Barisal considering a circular (being No.10 dated 14.05.2001) issued by the Bangladesh Bank and Sub-section 5 (ga) of Section 5 of the of Bank Company Ain, 1991 held that the o...... Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructe......e Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Belal Hossain.....................Petitioner Vs. Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Re..

Category: Election Law | Date: | Hits: 162

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....nu and Jainal Abedin then transferred the suit land by sale deed No.45789 dated 06.12.1979 to the defendant. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangonj, after hearing the p......nbsp;               Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 pass......sed. Ed. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Law..

Category: Property Law | Date: | Hits: 28

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

.... Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts ...... J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts and Tele­communications, Banglades...... (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, M..

Category: Administrative Law | Date: | Hits: 125

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....ul Hamid. Subsequently on 04.07.1995, all the heirs of Sheikh Elahi Bux and Sheikh Abdul Karim sold 4.50 acres out of 5.68 acres to the defendant petitioner and mutated his name and paid rents to the Government. Defendant No.14 petitioner is in possession of the suit property. In the above facts an......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu...... M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents ..

Category: Property Law | Date: | Hits: 75

Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)

....sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......hammad Miah......................Petitioner Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not re......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 30

Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)

....l Karim by a registered patta dated 09.03.1953 and delivered possession. Since then the defendants have been in possession of the suit land on payment of rent to the ex-landlord and subsequently to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dis...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......ngly, the leave petition is dismissed. Ed. ......Amin J M.M Ruhul Amin J Md. Ujir Biswas and another …………………………………… Petitioners Vs. Md. Karim Box Sardar & others...............................Respondents Judgm..

Category: Property Law | Date: | Hits: 39

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

.... hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated directors and Group-D member of general public. The Bank had four foreign spon...... Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated direc...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......s ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the app..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

....ir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others.................... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others..................................sion (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

....ance of contract, are that the bainapatra is genuine, consideration money passed bet­ween the parties and delivery of possession was given in pursuance thereof. In the case of Hafizur Rahman vs Government of Bangladesh and others, 47 DLR 583 it has been held that when in pursuance of a baina......ain Singh vs. Gokul Chand Mahton AIR 1934 PC 68; Shankarlal Narayandas Mundade vs. New Mofussil Co Ltd AIR 1946 PC 97; Minhazuddin Talukdar vs. Abdul Jalil Howlader 3 MLR (AD) 58; Hafizur Rahman vs Bangladesh 47 DLR 583; Haq Brothers vs Shamsul Haque 39 DLR 290; Khurshid Ali vs Noorjahan Bewa 1 M......DLR (AD) (2008) 14. ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Joynab Begum and others... .....................Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment Apri..

Category: Property Law | Date: | Hits: 41

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....ul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangla­desh, represented by the Secretary, Ministry of Education and others.... ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......e Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangla­desh, represe...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangla­desh, represented by the Secretary, Ministry of Education and..

Category: Employment/Service Law | Date: | Hits: 68

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

.... January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for evi...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment ......Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of...... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents ..

Category: Property Law | Date: | Hits: 37

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

....rict- Narayanganj stating, inter alia, that the aforesaid land along with other lands originally belonged to writ petitioner and those were acquired in LA Case No. 32 of 1968 and 55 of 1968-69 by the Government for public pur­pose namely, construction of Kanchpur bridge. The construction of bridge ......rted in: 60 DLR (AD) (2008) 7. ...... DLR (AD) (2008) 7. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ  MM Ruhul Amin J Md. Joynul Abedin J Bangladesh and others......................Appellants Vs. Nawab Abdul Malik Jute Mills Ltd........Respondent Judgment March 14, 2007. Resu..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others........Respon......J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others........Respondents Judgment January 30, 1990. Result: The ap......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others.........

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

......Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinan......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents ..

Category: Election Law | Date: | Hits: 173

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....stan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommendation of the Sub-Divisional Officer, the Government did not release the properties Several inquiries were made by various agencies of the Gov......ider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment ......ury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Ju..

Category: Property Law | Date: | Hits: 32