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Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ourt Division calling for interference. 8. As stated above leave was not granted to consider whether the High Court Division was in error in not commuting the sentence in exercise of power as in section 561A of the Code of Criminal procedure. It has already been mentioned the conte...... and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From ......reasoning and discussions as well as the provision of law referred to in the judgment by my brother dismissing the appeal but modified the sentence as stated above, since leave in the appeal was granted to consider the contention that deposition of P.W.4 although was corroborated by other ..Category: Criminal Law | Date: | Hits: 62
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ...... Abedin J Md. Hassan Ameen J Eastern Tubes Limited, a limited liability company, subsequently nationalized and placed under BSEC, represented by its Managing Director having their office at 374 Tejgaon Industrial Area, Dhaka ..........Petitioner Vs. ......ng to his work from 28.4.1999 till 16.8.1999. During this period of absence he sent several applications supported by medical certificates and prescriptions to the petitioner praying for grant of leave for the period of his illness. The petitioner formed an Inquiry Committee to look in..Category: Employment/Service Law | Date: | Hits: 81
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... under the Ordinance No.3 of 1968, Ordinance No.9 of 1969 and Act 2 of 1969 shall stand dissolved. In clause (c) of section 23 it has been provided: "(c) all assets, rights, powers, authorities and privileges and all properties, movable and immovable, cash and bank balanc......ed in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......ight of the provision of Ordinance (E.P. Ordinance No. III of 1968) paid Tk. 4,900/- at the rate of 75/- each month for the 5 years and towards group insurance under (E.P) Ordinance No. XI of 1969 granted Tk. 2,000/-, that the defendants paid the aforesaid amount in the light of the provision of..Category: Employment/Service Law | Date: | Hits: 82
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ...... petitioners were all aware about the provisions of Section 30 of the Customs Act at the time of opening of their respective letters. 6. It also appears that Section 19 confers general power upon the Government to exempt from customs duties; but there is nothing in the statute that t......;ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October, 2005 pass......hat time but the High Court Division on misconception held that 'on perusal of the provisions of the amended Section 19 of the Customs Act, we do not find any provision providing that exemption are granted can not be withdrawn or modified'; that the petitioner acted upon to import cement on ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ...... Judgment January 23, 2008. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 344 of 2006. (From the judgment and order dated 23.08.2005 passed by the High ......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......ecree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in a certificate sale and also by ......ssatisfied with the aforesaid judgment and order of the High Court Division the defendant-appellant preferred Civil Petition for Leave to Appeal No. 952 of 2003 and this court was pleased to grant leave to consider the following submissions: that the plaintiff in his plaint stated ..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ......ere 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: 14 BLC (AD) (2009) 19. ......dvocate-on-Record—For the Petitioner. Md. Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High ......ere 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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....nce justice and not to frustrate it. In our view, High Court should not have adopted such a rigid approach which certainly has led to miscarriage of justice in the case. Power of judicial review is discretionary but this was a case where the High Court should have exercised it." 36. There i......bar will bear in mind the serious consequence of committing contempt of this Court in moving on behalf of a prisoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-attorney executed by Gul Hassan in favour of Khawaja Muhammad Khan before his absconsion w......min CJ.- I have read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul......udgment and order dated 13-12-2007. Being dissatisfied with the said judgment and order of the high Court Division the petitioners have filed the above petitions for leave to appeal. 10. Leave was granted to consider the submission of the learned advocate for the petitioners that since the writ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......r who is still Nikah Registrar for No. 7 Dhalua Union and held that "The 2nd proviso to Section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974 has given unfettered power to the Government to extend, curtail or otherwise limit any area for which is a Nikah Registr......bar Rahman, Advocate-on-Record-For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For Respondent No. 5. Not Represented-Respondent Nos. 1-4. Civil Petition for Leave to Appeal No. 1738 of 2005 (From the judgment and order dated 06.07.2005 passed by the High ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ..Category: Civil Law | Date: | Hits: 88
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......ocate-on-Record-For the Petitioner. Zillul Huq, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1506 of 2005. (From the judgment and order dated 28-11-2004 passed by the High Cour......spondent No.1 further stated that the petitioner appointed an inquiry officer for holding inquiry against him and on the basis of said inquiry report, the petitioner imposed punishment in the form of granting extraordinary leave to the respondent No.1 during the period of suspension. Upon the afor..Category: Employment/Service Law | Date: | Hits: 87
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......District Committee, in terms of clause 4 of the lease agreement the leases should have been extended on the basis of the applications for renewal and in the event of shifting of the administrative power of the respondent No.2 to a different authority, which is absolutely an internal administrati......008. Lawyers Involved: Dr. Abul Kashem Md. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Zahirul Islam, Advocate-on-Record-For the Respondents (In all cases) Civil ......titions the petitioners challenged the Memo dated 10.8.2005 issued by the Director, Bureau of Mines and Minerals Development, the respondent No. 2, refusing to renew the lease of the pathor mahals granted in their favour for further period as per provisions of the Mines and Minerals Rules 1968 ..Category: Others | Date: | Hits: 101
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ..................Petitioner Vs. Vice-Chancellor, Chittagong University & others……….......Respondents Judgment August 8, 2007. Case Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigat...... of generating some publicity for himself or to create mere public sensation, that he is acting bona fide, that he is not a busybody or an interloper, that it is in the public interest to grant him standing and that he is not acting for a collateral purpose to achieve a dubious goa..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity 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: V ADC (2008) 858. ......heir pourashavas and they have been paying the electric bills regularly and that violating the relevant Rules the respondent No. 7, by the above memo dated 5.8.2000, is trying to hand over the power supply lines of the petitioners to Rural Electrification Board, the Board, and the above memo...... Involved: Shaheed Alam, Advocate, instructed by Choudhury Mohammad Jahangir Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1714 of 2005 (From the judgment and order dated the 22.6.2005 passed by the Hi......irmity 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: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ...... Counsel for the parties rejected the writ petition summarily holding, inter alia, that under sections 44 and 45 read with section 3 of the Bangladesh Companies Act, 1991, the Bangladesh Bank is empowered to issue such warning to the members of the general public by publishing general notificati......titioner A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record - For Respondent Nos. 2-5 Not represented - Respondent No. 1 Civil Petition for Leave to Appeal No. 281 of 2005 (From the judgment and order dated 01.02.2003 passed by a Division......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..Category: Banking Law | Date: | Hits: 292
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......s not amenable to writ jurisdiction and the same can in an appropriate case be deal with by a civil court. The High Court Division further held that the order Artha Rin Adalat passed in exercise of power under the Code of Civil Procedure cannot be challenged under Article 02(2) of the Constitutio...... Involved: M. Enayetur Rahman, Advocate instructed by Mrs. Sufia Begum, Advocate on-Record - For the petitioners Not represented – the Respondents Civil Petition for Leave to Appeal No. 1054 of 2004. Judgment M. M. Ruhul Amin J. - This petition for leave to...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ...... default on the view that because of the expression used in the order of the High Court Division the same was final one and. that on the expiry of the stipulated time the High Court Division had no power to consider the application filed on 6.12.1999 stating the fact in the background whereof the......vision in Civil Revision No. 4256 of 1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which w...... application filed on 6.12.1999 for dispensing with the filing of the decree of the trial Court cannot be considered since the Court has become functus officio after 5.12.1999. 9. Leave was granted to consider the contention that Family court having not drawn up the decree and consequent ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......oner/respondent distinguished 44 DLR AD 111 submitting that to give effect to Article 136 of the Constitution, Services (Re-organization and Condition) Act 1975 was enacted and section-5 thereof empowered the Government, by order notified in the official gazette, to prescribe united grade and sc......and Others……….....Appellants Vs. Md. Shamsul Huq……………..Respondent. Judgment: August 10, 2006. Cases Referred to- Mujibur Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111; Bangladesh,......urt in the like manner as those of the P.A.-Cum-Stenographers of the Secretary and Joint Secretary have to perform duties similar in nature and there should not be any discrimination in matters of granting such Special Allowances to the petitioner; by notification dated 1.3.1995 (Annexure-D of t..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......ellip;.Petitioner Vs. Mohammad Ali Khondoker………Respondent Judgment March 8, 2007. Lawyers Involved: Zainul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record - For the Petitioner. Sufia Kha......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ...... capacity or who is an agricultural worker engaged in an agricultural farm, whether ancillary to any industrial unit or not." 4. Section 3 of Act 10 of 1974 provides Government's power to determine terms and condition of service of works of State owned manufacturing industries ......ab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by the High Co......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......ive Tribunal has exclusive jurisdiction in such matter. It has further been stated that the Bangladesh Civil Service (Examination for Promotion) Rules. 1986 was framed by the President in exercise of power conferred upon him by the Martial Law Proclamation dated 24.3.1982 in which it is stated that ......he Secretary, Ministry of Establishment and others .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some special circumstances or reasons applicable to h...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
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