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Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......d as such lease deed executed between defendant Nos. 1 and 2 is not void. 7. The plaintiffs went on appeal. The appellate Court dismissed the appeal upon observing that since papers as per terms and conditions set by the RAJUK were not submitted and consequent thereupon cancellation...... Present: Md. Ruhul Amin M.M. Ruhul Amin Md. Tafazzul Islam J Rajdhani Unnayan Kartripakkha (RAJUK)………Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ...... I Officers through the Public Service Commission. Respondent No. 3 challenged that advertisement in Writ Petition No. 66 of 1976 on the ground that it violated his vested rights, contained in the terms and conditions laid dawn in the Establishment Manual and Circular No. 16 of 29th August, 1968......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appell..Category: Administrative Law | Date: | Hits: 180
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......Against the aforesaid impugned judgment of the High Court Division, the writ-respondent-appellant, the Government filed this appeal. 4. This Division granted leave to appeal in the following terms: "Appearing on behalf of the petitioner, Mr Mahmudul Islam, the learned Attorney-General...... Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so passed by the Presid..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......oners' contention is that after construction of link road between Kattali Road and Halishahar Housing Society, an area of 54 decimals of land out of the total acquired land remained unutilised and in terms of circular dated 22-5-1986 (Annexure E to the writ petition) issued by the Government, they a......upreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Responde..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....thers reported in 49 DLR (AD) 26 as to the extent of power of the High Court Division in certiorari it has been held—"It could interfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. .............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......f Salami amounting to Taka 1,86,079/22 a lease deed was registered on 15-6-1996 and that the Deputy Commissioner during the subsistence of lease cancelled the lease on 10-9-1996 on the plea that same terms and conditions in the draft of the original lease deed agreed upon by both the parties were al......udgment July 4, 2005. Result: The appeal is dismissed Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the..Category: Property Law | Date: | Hits: 41
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......development and export business, that the Company filed application for the grant of ISP licenses for the three locations and the Ministry of Post and Telecommunications issued licenses under certain terms and conditions, that the Ministry of Post and Telecommunications without giving opportunity to......ul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court Division in Writ Petition No. 529 of 2002.) ..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......and Khalilur Rahman and his other co-sharers, namely, Hachan Howlader and Yasin Howlader (the predecessor of the defendant Nos.1-19) executed and registered a deed of partition dated 25-7-1928. In terms of the said deed of partition Abdul Kader Howlader and his brothers got the khas and tenanted...... M.A. Aziz J Abul Kashem Howlader & ors……………………………..Petitioners Vs. Md. Kashem Ali Khan and others.............Respondents Judgment February 16, 2005. Lawyers Involved..Category: Property Law | Date: | Hits: 102
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......whether the defendants are defaulters in the payment of rent as per agreement, whether receiving of rent in lump for several months by the landlady does constitute waiver and acquiescence varying the terms of written agreement exempting the tenant from the liability of payment of rent as per agreeme...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ..Category: Tenancy Law | Date: | Hits: 169
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....of the suit and the defendants could not place their case and other materials before the court for proper adjudication. Complete justice is to be done in an appropriate case. "It is an extraordinary procedure for doing justice for completion of or putting an end to a cause or matter ......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......concerned with the publication of the requisition notices in the gazette, the land or properties so requisitioned or acquired become vested in the provincial Government and compensation is paid in terms of the law either at ordering the requisition of properties or thereafter, but the vesting of......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and 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: ......dquo;Kha” list of abandoned buildings. 2. Facts, in brief, are that the petitioner filed the above writ petition on the averments that Abdul Salam became owner of the case property in terms of the registered lease agreement dated 11.2.1960 and he, by constructing building therein h......vision (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred t..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......aid to be mandatory when disobedience to it or want of exact compliance with it will make the act done under the statute absolutely void.” 36. Craies on Statute Law, 6th ed. opined:- “The terms “mandatory” and “directory” refer to the method by which the legislature sets about at......n J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents ..Category: Civil Law | Date: | Hits: 125
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......pplied to the petitioner Bank for granting LC opening facilities for importing fax machines from Singapore at 10% margin. The petitioner vide letter dated 14-7-1988 granted the facility on the terms and conditions that the facility must be secured by personal guarantee of respondent No................Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering and Electric Supply Co Ltd vs. Income Tax Officer 22 DLR (SC) 443; Bangladesh, Ministry of Works vs..Category: Business or Commercial Law | Date: | Hits: 122
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......of the Ain of 2003 praying for allowing him to repay the outstanding dues by installments but did not file any application before the Artha Rin Adalat praying for selling the mortgaged property in terms of sub-section (3) of section 12 of Ain 2003 and now, in the writ petition the petitioner, fo...... Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007...Category: Civil Law | Date: | Hits: 103
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ...... As it appears the High Court Division summarily dismissed the writ petition holding that the petitioner is a Government servant and his grievance as raised in the writ petition is relating to his terms and conditions of service namely his transfer and accordingly, the relief, if any, of the pet...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Premesh Chandra Das…………….....Petitioner Vs. Government of Ban..Category: Employment/Service Law | Date: | Hits: 73
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......ho heard the revision by his impugned judgment and order dated 5.6.2000 allowed the revision, set aside the order of the Magistrate dated 6.4,2000 and directed him to proceed with the case in terms of subsection 2(A) of section 202 of the Code of Criminal Procedure. 6. Being aggrieve......Criminal) Present: Md. Ruhul Amin J Mohammed Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Afzal Hossain Biswas and others…………................Petitioners Vs. Mst. Khode..Category: Criminal Law | Date: | Hits: 35
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......nd guilty of the charge, he was removed as aforesaid. 8. Administrative Tribunal Act, 1980 has conferred upon the Administrative Tribunal the exclusive jurisdiction to hear and determine any terms and conditions of service of any person in the service of the Republic including the remedy f...... Mohammad Fazlul Karim J. - Government of Bangladesh represented by the Secretary, Ministry of Establishment and others are the appellants in this appeal by leave against the impugned judgment and order dated..Category: Employment/Service Law | Date: | Hits: 62
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....me Affairs but instead of complying with the direction of the Ministry of Home Affairs the petitioner and other Police personnel subordinate to him resorted to civil litigations, both ordinary and extraordinary. The conduct demonstrated by the petitioner and others subordinate to him being not t...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ...... J M. M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Nurul Huda………………………Petitioner Vs. Iqbal Anwar and others………………………Respondents ..Category: Property Law | Date: | Hits: 28
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......rerogative right of the employer to discharge his employee and the Court can not compel a person against his will to employ any person and the employer bank is liable for damage and compensation in terms of Service Rules and Regulations; the suit is not maintainable as the plaintiff challenged t......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August..Category: Employment/Service Law | Date: | Hits: 84
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