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Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment July 17, 2000.......ivision (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment ......ase Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instruc..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....and and for that she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. De......at she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. Defendant No.2 u...... Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18...... in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....uch evidence as incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Invol......s incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondk...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14......msul Haque Siddique, Advocate-on-Record — For the Respondent. B Hossain, Advocate-on-Record — For the Appellant. (In Criminal Appeal No. 28 of 1996) Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) C..Category: Criminal Law | Date: | Hits: 108
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....irst upto 31.12.98 and then upto 30.6.99 without any sanction of law and nexus with the objective to be achieved and as such it was arbitrary and malafide. III. Because the respondent Government practiced double standard by promoting 7 persons left out from the 1999 selection along w......(Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another...........on (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and a...... Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148. Lawyers Involved: Abdur Rob Chowdhu..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
.... facts are that the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox&#......t the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to ...... cost. Ed. ......he High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....edecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant......nterest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant and proforma ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J M.A. Aziz J Md. Motiruddin Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & others...... .Respondents. Judgment 23rd May 2005 ...... at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......ed respondent of the charge under Sections 328 and 420 of the Penal Code. 2. The facts disclosed in the leave petition, in short, are that P.W.1 A. K. M. Amirul Alam and employee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested......sp; Amirul Kabir Chowdhury J The State...........................Petitioner Vs. Abul Kalam...................Respondent Judgment August 3, 2005. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 92
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... costs. Ed ......ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Inv......llant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Involved: Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant. Abdus Sobhan, Senior Advocate..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....that he is entitled to import duplex board in view of SRO dated 10.12.1984 but schedule 3 of the said SRO having not included duplex board, the High Court Division committed an error in directing the Government to accord permission to the writ petitioner allowing him to import duplex board and tha......, and section 5A of the Sales Tax Ordinance, 1982 (XVIII of 1982), the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty ......late Division Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J National Board of Revenue and others...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: ......ny order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....hammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent&nb...... Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent Judgment 13th August 2004&nbs......p; Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bang......chindra Lal Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR(AD) 56. Lawyers Involved: Rafique-Ul-Haq, Senior Advocate instructed by Mvi Md. Wahidullah Advocate-on-Record-For the Appellant. Fida M. Kamal, Additional Attorney Gen..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
.....S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB ......aka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Uni......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. ......ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....gust, 1976 and applied immediately for a formal nationality certificate to remove any doubt about his nationality ; though his nationality as a Bangladeshi by birth was never taken away, nor the Government formed any opinion that his absence from the country was for the purpose of activiti......h Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having been born in Chittagong on 2.2.1919; that he was educated in Calcut......urt Appellate Division (Civil) Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyer......l Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant Sirajuddin Ahmed, Advocate-..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ....... The learned Subordinate Judge dismissed both the suits and the counter claim. 3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986 in Bangladesh Observer for sale of 22 truck chassis on "as is where is' basis. The plaint......Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent. Judgment 8th August 2005 Lawye......nk Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent. Judgment 8th August 2005 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant Shafique Ahmed, Senior Advocate, (Su..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
.... The suit was for a decree only for khas possession in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of 1982 against the Government upon declaration that the suit property is not an abandoned property and declaration of ......Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: ...... Division (Civil) Present: Mohammad Fazlul Karim J Tafazzul Islam J Md. Joynul Abedin J Sena Kalyan Sangstha and another..............Petitioners Vs. Sufi Fazal Ahmed and others ..................Respondents Judgment July ......This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ent on October 7, 1996, that disciplinary proceeding was started against him for the disposal of unserviceable machineries and the parts incidental by auction in the light of the decision of the Government and in due course he showed cause denying allegations of financial loss to the Gover......MLR (AD) 2006, 83. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Chairman, Bangladesh Agricultural Development Corporation, Dhaka..........Appellant. Vs. S.M. Ali Imam and others.... Respondents Judgment March 12, 200......here is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
.... two accused while final report was submitted against the rest including the petitioner and that the informant filed naraji petition against the said final report and also filed an application to the Government for further investigation of the case and the learned Magistrate directed- for furth......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......eme Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. Kamal Uddin.........................Petitioner. Vs. The State represented by the Deputy......State represented by the Deputy Commissioner, Comilla….......Respondent. Judgment 12 December 2005 Lawyers Involved: Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-Record- For the Petitioner..Category: Criminal Law | Date: | Hits: 103
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Constitution of Bangladesh, 1972, Article 104 The Code of Civil Procedure 1908 (V of 1908), Order XIV, rul...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment Augus......mplete Justice at such stage of the suit…….(21) Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Guineess Peal (Trading) Limited Vs. Md. Fazlur Rahman 44 DLR (AD) 242; Rupali Bank Ltd Vs. Haji Md. Arab Ali and others 7 MLR (AD) ..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....rt Appellate Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respond......Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents. J......e Court Appellate Division (Civil) Present: K. M. Hasan, C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Re......erfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 133
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ad Fazlul Karim, J.- This appeal at the instance of the contemner-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting t......riminal) Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. Hamidul Huque, Managing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents Judgment June 27, 2005 Lawyers Inv......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin, J. K. M. Hasan, J. Md. Fazlul Haque, J . Syed Ehsanul Hussain and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Responden......d. ......f law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
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