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Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......ed as Pre­emption Case No. 3 of 1991. The land cov­ered in Pre-emption Case is the land of Cadastral Survey Khatian No. 17 corre­sponding to State Acquisition Khatian No. 10 under Mouza- Ishapura, Police Station-Shahrasti, District-Chandpur. Another Pre-emption case being number 4 of 1991 between..

Category: Property Law | Date: | Hits: 27

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......nbsp; Dr Kamal Hassain with M Amir‑ul Islam, Idrisur Rahman, AM Mannan Khan, Tanzibul Alam, Abu Obaidur Rahman and Rowsan Ahmed, Advocates-For the Petitioner.  AF Hassan Ariff Attorney‑General with Abdur Razzaque Khan, Additional Attorney‑General, Zaman Akter, Assistant Attorney‑G......……….(10) Credible Information, Source of Information If a person is arrested on the basis of credible information nature of the information, source of information must be disclosed by the Police officer and also the reason why he believed the information. In case of arresting of a per..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....pinder Singh vs State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 and State vs Mukbul Hossain, 26 DLR 419. Lawyers Involved: SM Abdul Mobin, Deputy Attorney-General, instructed by Md Ibrahim Khalil, Advocate-on-Record—For the Petitioner (I......nd there is 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: 15 BLC (AD) (2010) 140. ......State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 and State vs Mukbul Hossain, 26 DLR 419. Lawyers Involved: SM Abdul Mobin, Deputy Attorney-General, instructed by Md Ibrahim Khalil, Advocate-on-Record—For the Petitioner (In all cases). ......d against the judgment and order dated 30-3-2004 passed by Judge (District and Sessions Judge) Druto Bichar Tribunal No. 4, Dhaka in Druto Bichar Tribunal Case No. 35 of 2003 aris­ing out of Kotwali Police Station Case No. 40(9)(95), corresponding GR No. 2204 (South) of 1995 convicting the responde..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12-1-1982, without at all giving any finding as ......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..

Category: Property Law | Date: | Hits: 29

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......on learned Counsel have referred certain provisions of the Anti-Corrup­tion Act, 1957, the DurnityDaman Commission Ain 2004, relevant rules of Durnity Daman Commission Rules, 2007, section 6 of the General Clauses Act and Articles 31 & 35(1) of the Constitution. 4. Before the High Court Div......nd submitted a falls return and that he had acquired property worth Taka 2 crore and odd by corrupt means. Accordingly an officer of the Com­mission lodged an first information report with the Ramna Police Station on 3rd October, 2007 against him for alleged commission of offences punishable under ..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....The State……………………….Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 2008. Lawyers Involved: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitio......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 2008. Lawyers Involved: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not ......the victim. The informant also stated that due to cut injury of the throat and dao blows by the terrorists his brother died. 3. Thereafter one Nikhil Chandra Mondol Officer-in-Charge of Rawjan Police Station took up the investigation of the case and visited the place of occurrence prepared a ..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

.... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respondent Order July 2, 2008. Result: Le......ster Sadia Khatun, aged about 10 (ten) years. Since Sohel spoke incoherent­ly at the police station, a G.D. entry was recorded. Thereafter pursuant to the G.D. entry, the P.W.4 Md. Shawkat Alam, Sub-Inspector of Police along with his accom­panying force and Sohel reached at the house of Sohel at M......: Leave is granted. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal......atun, aged about 10 (ten) years. Since Sohel spoke incoherent­ly at the police station, a G.D. entry was recorded. Thereafter pursuant to the G.D. entry, the P.W.4 Md. Shawkat Alam, Sub-Inspector of Police along with his accom­panying force and Sohel reached at the house of Sohel at Maddya Rajasha..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

.... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......nd his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused No.1 at the relevant time was sub-Inspector of Police at Pirojpur Police Station and accused No.2 was P.S.I at Kotwali Police Station....... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused No.1 at the relevant time was sub-Inspector of Police at Pirojpur Police Station and accused No.2 was P.S.I at Kotwali Police Station. The accused ..

Category: Others | Date: | Hits: 82

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....the same and decided to construct a Super Market on the said plots adjacent to the Ahasan Manzil monument. 3. In the premises, the government by let­ter dated 18th January, 1986, directed the Deputy Commissioner, Dhaka to take over and deliver the possession of the lands to the Dhaka City Co......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......ourt Division failed to consider the said aspect of the matter and illegally dis­charged the rule nisi. 10. Annexure-D to the writ petition is a deed of undertaking given by Md. Abul Hossain, General Secretary, and Nawab Bari Bastra Samity being counter signed by the President of the said Sa......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ..

Category: Property Law | Date: | Hits: 29

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....led and the Khatian has been restored; that the plaintiff-respondents filed Review Case No.76/90-91 against which the defendant-appellants filed Miscellaneous Case No.28 of 1992 before the Additional Deputy Commissioner (Revenue) and the mutation cases were restored; that the plaintiff-respondents p......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......i are trying to dispose of the suit property and as such on 03.05.1985 local religious minded people formed a committee to run the religious rites of the Deity; that in 1987 one Kebel Chandra Sarker, General Secretary of the Committee filed a petition before the Circle Officer (Revenue), Keraniganj ......efendants. 3. The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-Dhaka as morefully described in the sched­ule to the plaint was..

Category: Property Law | Date: | Hits: 29

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......ate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 an...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....short, are that the petitioner filed writ petition challenging the memo bearing No.Bhu:Mo:/Sha-7/Kishore-04/2003-448 dated 23.11.2008 issued under the signature of the respondent No.2 direct­ing the Deputy Commissioner, Kishoregonj to lease out "Joaria Beel Kobadiar Khal" fishery by open tender as ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......negotiation under devel­opment scheme for a period of 4-10 years in Case of those fisheries which are above 20 acres. 4. The fishery named "Joaria Beel Kobadiar Khal" Jolmohal situated within Police Station Tarail, District-Kishoregonj is a closed fishery became free for lease with effect fr..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......0) 189. ......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......esident Order 16 of 1972 it was declared as an abandoned property and it was listed as an abandoned property. The suit property was then allotted to the father/husband of the plaintiffs, Sona Miah, a Police Habilder serving under the Government of Bangladesh, by allotment letter dated 03.02.1973 and..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ate and he is performing his function efficiently and honestly. The respondent No.1, Kayesh Miah brought some false and baseless allegations by filing an application against the petitioner before the Deputy Administrator of Waqfs. Consequently, the local Inspector of Waqf held an inquiry into the ma......onestly. The respondent No.1, Kayesh Miah brought some false and baseless allegations by filing an application against the petitioner before the Deputy Administrator of Waqfs. Consequently, the local Inspector of Waqf held an inquiry into the matter and subsequently submitted his report wherein it w......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......at predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat of Sylhet town and that the petitioner Md. Enam Hossain was lawfully appoin..

Category: Trust/Waqf Law | Date: | Hits: 200

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......rol Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Appellants. Rafique-ul H......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

..........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Md. Ali Akand, Deputy Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 a......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......s Judgment February 27, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Md. Ali Akand, Deputy Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. Not rep......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

.... VAT, Chittagong & others......Petitioners Vs. Talha Tex Pro Limited..............Respondent Judgment March 27, 2008. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. ...... High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 65. ...... & others......Petitioners Vs. Talha Tex Pro Limited..............Respondent Judgment March 27, 2008. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Not represented-...... High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 253

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

.... directed against the judgment and order dated 1.8.2006 of the High Court Division passed in Trade Mark Appeal No.63 of 2001 dismissing the appeal preferred impugning the order dated 10.9.2001 of the Deputy Registrar of Trade Marks passed in Opposition Case No.1657 of 2000 though allowing the prayer......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......ernational Ltd. and another.......Respondents (In Civil Appeal No. 287 of 2003) BIVAC International S.A. Bureau Vertias Group and another.......Respondents (In Civil Appeal No. 288 of 2003) PSI Inspectorate Ltd. and another.......Respondents (In Civil Appeal No. 289 of 2003) Judgment Aug...... Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by Ahsanullah Patwary Advocate-on-record-For the Appellant No.1 (In all the cases.) Fida M.Kamal, Additional Attorney General, Instructed by Ahsanullah Patwary, Advocate-on-record-For the appellant Nos. 2-9 (In all the......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95