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Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......06 challenging the vires of the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 promulgated by the president in exercise of his Rule making power under Article 133 of the Constitution and issued by the Ministry of Establishment amending Ba......c of Bangladesh & another .........Appellants (In Civil Appeal Nos. 114 of 2008) Vs. B. M. Muhibur Rahman & others........ Respondents (In both cases) Judgment October 30, 2008. Cases Referred To- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19; Sk. ......-5)-15/2002 dated 11.10.2006 was illegal and unconstitutional being hit by Articles 27, 29 and 31 of the Constitution being arbitrary and discriminatory. 7. In this backdrop, leave was granted to consider the following submissions: (a) The High Court Division erred i..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......he basis of the subsequent SRO dated 16.8.1988 and obtained rule nisi. 3. The appellant, collector of Customs, contested the rule contending that the Government in exercise of its delegated power of legislation under section 25(7) of the Customs Act fixed tariff value by making S.R.O...... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Collector of Customs, Customs House, Chittagong and others……Appellants Vs. M/......1988 on the basis of SRO dated 18.6.19987 and not on the basis of rate as per SRO dated 16.8.1988 which was prevalent when the writ petitioner submitted the Bill of Entry. 5. Leave was granted to consider the submissions that the Tariff value of the goods in question having been fixe..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......ppointment of Mutwalli. The petitioner was appointed Mutwalli on 03.06.1996 for a period of five years and its term expired on 05.06.2003. It also appears from the record that the Administrator has power to appoint Mutwalli under the law and the Administrator has the right to do so and if there i...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases R...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is disÂmissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is disÂmissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ...... Hossain Chowdhury, Advocate-on-Record-For the Petitioner. A. F. Hassan Ariff, Senior Advocate, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 588 of 2000. (From the Judgment and order dated 23rd May, 2000 passed by the High C......the respondents cannot do, open space cannot be filled up in violation of the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. That the respondent Nos. 1-2 have no lawful authority to change ..Category: Property Law | Date: | Hits: 36
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......thin and partly outside the limits of any particular port and for charges for services rendering to the port authority or to any official and that the port authority was empowered to detain the vessel for non-payment of tolls, dues, rights, charges or penalties payable u...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......ppears that the trial court examined and compared the signature of the executant in the kabala dated 01.01.1987 with the admitted signature of the plaintiff petitioner in exercise of its power under Section 73 of the Evidence Act. 12. The trial court held that signature appearin...... Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1589 of 2006 (From the judgment and order dated 14.05.2006 passed by the High......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ..Category: Property Law | Date: | Hits: 21
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......nter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that the Government reduced the manÂpower of TCB from 541 to 235 and thus to release 306 employees and this was a polÂicy decision of t......order under Memo No. BAM/OBA-3/PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No. 4 and communiÂcated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have been discharged from......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..Category: Employment/Service Law | Date: | Hits: 73
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....re 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: VI ADC (2009) 121. ......re 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: VI ADC (2009) 121. ......ented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others .......Respondents. (In both cases) Judgment July 7, 2008. Case Referred to- State of Haryana and others vs. Lal Chand and others, AIR 1984 Supreme Court 1326. ......dent No. 4 allotting 2 shops to the police deployed in Shilpa Bhaban and also the Memo No. Shampad/2-47/897(4) dated 6.8.2005 allotting 2 shops to the Directorate of Boiler on cancelling the leases granted to the petitioners. 2. The petitioners filed the above writ petitions stating ..Category: Civil Law | Date: | Hits: 84
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed by the High...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by the High ......ng inmates of the area and hence the allotment was rightly cancelled. 7. It appears that the High Court Division held: "Admittedly the allotment was granted to the petitioner a statutory body for installation of sewerage pump station and water pum..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......ourt Division in Civil Revision No.630 of 1981). Judgment Md. Ruhul Amin J.- This appeal is by the pre-emptor, by leave, is against the judgment of February 22, 1995 of the High Court Division in Civil Rev......suit holding being homestead situated in the rural area is an agricultural land and pre-emption as regard such kind of land could only be sought under section 96 of the SAT Act. 5. Leave was granted to consider the contention of the pre-emptor that the case land being part of the homestead..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......iya, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 419 of 2007. (From the judgment and order dated 13.02.2007 passed by the High ...... the plaintiff petitioner filed an application praying for time to deposit the C.P. cost of Tk.3,000/- in court on the ground of economic crisis whereupon the learned District Judge was pleased to grant time on 30.06.1997 when the plaintiff petitioner deposited Tk.500/-under receipt No.475 dated..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ...... aforesaid matters or situations. In the case of Government of Bangladesh Vs. Ashraf Ali and another reported in 49 DLR (AD), 161 it has been held that the High Court Division while exercising its power under certiorari in connection with the judgment of an 'inferior tribunal' is not within its ......AD), 166; Asma Begum Vs. Bangladesh and others (2001) 21 BLD (AD), 134; Mostafa Kamal Vs. First Court of Settlement and others 48 DLR (AD), 61. Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by Wahidullah, Advocate-on-record- For the Appellants. Dr. Rafiq......d of rights and paying the taxes and other dues to different authorities and this fact is sufficient to show that the property in question "is free from encumbrances". 8. Leave was granted to consider the contentions that the enlistment of the property in the list of abandoned b..Category: Property Law | Date: | Hits: 29
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......Rahman, Advocate-on-record- For the Petitioner. Md. Aftab Hossain, Advocate-on-record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 1182 of 2007. Judgment &......spondent No.1 herein i.e. petitioner before the Administrative Tribunal was illegal, void, without jurisdiction and thereupon made the direction to the following effect "O. Ps. are directed to grant pension benefits and give arrear salary and other attending benefits to the petitioner till ..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......o-called special meeting held at the residence of authorized officer, respondent No.5. All the proceedings were done deploying police face at the instance of the local MP belonging to the party in power in a well planned evil political design and with the colourable exercise of the authority; th......or the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12. Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by the High ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......dings of Mortgage Suit No.33 of 1991 pending before the Artha Rin Adalat, Chittagong. 3. In the meantime the petitioner appeared in the above matter (Writ Petition No.2727 of 2000) by filing power through their respective lawyer and ultimately on 11.01.2004 by judgment and order passed by......r. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed by the High......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......derived by the accused by the commission of the offence and may also order confiscaÂtion of the whole or any part of the proÂperty of the accused to the Government." 20. It is true that the power to confiscate was added by Ordinance No.6 of 1978 by section 8 thereof but fact remains that i......ppeal Nos. 1-2 of 2001) Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant (In Criminal Appeal No.3 of 2001) Zahurul Islam Mukul, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In all the a......riminal Appeal Nos.1 to 3 of 2001 and the State has also preferÂred Criminal Appeal Nos.4 to 10 of 2001 against the self-same judgment and order challenging modification of sentence. 8. Leave was granted to consider the subÂmissions from the appellants that the accused appellants having filed a..Category: Anti-Corruption Laws | Date: | Hits: 294
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ...... emergency has been proclaimed in the country Vide Gazette Notification No. San/Raj-2/Ja-oh/13-2007/98 dated 11.1.2007 being Emergency Order No.1 dated 11.1.2007 and in exercise of the power under Article 141 C(i) of the Constitution the cases now pending for enforcement of the&......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court Division ......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....(e) of the Evidence Act. Hence, this leave petition. 6. Zahirul Islam, the learned Advocate-on-Record, appearing for the petitioner, submits that the fixation of tariff value was not a discretionary matter of the Government rather it was subjected to compliance of provisions and proc......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......ul Abedin J Md. Hassan Ameen J M/S. Meghna Dairy and Food Products Ltd……………………. Petitioner Vs. Commissioner of Customs and others ........Respondents Judgment December 11, 2007. Case Refe......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... D.O.H.S on 23.05.1993. Vacant possession was delivÂered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residenÂtial building ......Âgage deed which she refused. This made her husband writ petitioner respondent No.1 angry and he started to torture her physically and accordingly, filed the malafide and false case. 5. Leave was granted to consider the subÂmission of Rokanuddin Mahmud, learned Counsel, appearing for the appelÂ..Category: Property Law | Date: | Hits: 74
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