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Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 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: V ADC (2008) 793. ......ice and others, 50 DLR (AD) 82, and the case of Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110 held that the Government has the power under the second proviso to section 4 of the Act to extend, curtail, alter or otherwise alter......p;...............Petitioner Vs. Md. Hafizuddin Ahmed and others…………........Respondents Judgment January 27, 2008. Cases Referred to- Mvi Md. Khurshid Alam vs. Secretary, Ministry of Law, Justice and others, 50 DLR (...... 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: V ADC (2008) 793. ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find 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) 789.......ional Court is permit-ted to reassess the evidence in the light of the pleadings of the parties and also may consider all other evidence on record and is not restricted in exercise of its revision-al power as is limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Divis......: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by ......of the above, we find 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) 789...Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....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: V ADC (2008) 786. ......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: V ADC (2008) 786. ...... Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High ......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: V ADC (2008) 786. ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......ary Ministry of Housing and Public Works, Bangladesh Sachibalaya, Ramna, Dhaka and others ............Petitioners Vs. M/S Eastern Industries (BD) Ltd. represented by its Managing Director Mr. Jumma Bhai Virji, Tejgaon Industrial Area, Dhaka….......Respondent Judgment ...... making the rule absolute. 2. The short fact leading to the filing of the writ petition is that the writ petitioner company, a bonafide business concern doing business for over 50 years, was granted lease of Plot Nos. 118-121, Tejgaon Industrial Area, Dhaka for a period of 99 years by the ..Category: Property Law | Date: | Hits: 27
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......For the Petitioners. Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 356 of 2005. (From the Judgment and Order dated November 28, 2004 passed by th......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ..Category: Civil Law | Date: | Hits: 74
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......he respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khatian No.1109 at Mouza Cox's Bazar as described in the schedule of the plaint, stating in......ted 19.6.1961 and since then the defendant No. 1 have been in peaceful possession of the same and got a plan approved by Cox's Bazar Pourashava for construction, Nalini Ranjan Datta, was granted settlement of all the lands of the R. S. Plot Nos. 24377 25387 2541 measuring 0.26 acr..Category: Property Law | Date: | Hits: 29
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
.... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ....... Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 236 of 2005. (From the Judgment and Order dated March 8, 2004 passed by the Hi...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ..Category: Property Law | Date: | Hits: 21
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y 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: V ADC (2008) 667. ......y 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: V ADC (2008) 667. ......dgment August 31, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 940 of 2005. (From the judgment and order dated 5th April, 2005 passed by the ......y 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: V ADC (2008) 667. ..Category: Procedural Law | Date: | Hits: 68
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......, to cancell the appointment of the plaintiff made by the Chairman, that the Secretary whose appointment as Chairman of the Zilla Parishad was only a stop gap arrangement was not invested with the power and authority of the Chairman of the Zilla Parishad in matters of appointment and cancellatio......the defendant No. 1 against the judgment of the. High Court Division dated February 1, 1999 in Civil Revision No.1182 of 1997 making the Rule absolute upon reversing the judgment and decree dated October 7, 1996 of the Court of Subordinate Judge (now Joint District Judge) Faridpur, in Title Appe......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..Category: Civil Law | Date: | Hits: 107
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. ......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. ...... Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passed by the H......n of allotment was made illegally without having any notice to either Khaleda Rahman or Md. Amanullah. It was further contended that after purchase by Md. Amanullah on the basis of permission granted by the RAJUK he submitted all the papers i.e. kabala by which Md. Amanullah acquired the pr..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. ......n the purview of clause (2) of Article 103 which provides for appeal to this Court as of right. Under the new dispensation the petitioners have only the right to seek leave for appeal. This Court's power under clause (3) of Article 103 to interfere in suitable cases where miscarriage of justice ......ent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th June, 198......it is directed against a judgment passed before or after the coming into effect of section 6A is to be considered on its merit. The Court will neither refuse leave in a case of grave injustice nor grant leave on technical or insubstantial ground to upset the decision of the Appellate Tribunal ot..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. ......bsp; May 20, 2003. 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 ...... May 20, 2003. 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 pas......t and order dated 14th June, 2000 passed by this Division in civil petition for leave to Appeal No. 1243 of 1998). Judgment Syed JR Mudassir Husain J.- This appeal has arisen out of leave granted by this Court on 14-6-2000 in civil petition for leave to Appeal No.1243 of 1998 preferred b..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....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. ...... provision of Ordinance No. 54 of 1985 was duly issued and served before listing the property in question in the list of abandoned buildings. 19. The law is now settled as to the extent of power of the High Court Division while exercising jurisdiction in certiorari in respect of the judg......c of People’s Republic of Bangladesh.......... 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 v......nt" made the Rule absolute upon setting aside the order of the Court of Settlement and thereupon declared that the property in question is not an abandoned property. 11. Leave was granted to consider the contentions that the High Court Division was wrong in holding that the Cou..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imports and Exports had acted merely under the direction of the Government without independent exercise of his power in accordance with Articles 6, 8 and 9 of the Importers, Exporters and Indentors (Registrati...... December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Export acted at the behest of the governm......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
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. ......, 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. ...... Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner-Cum-Collector..................Appellant Vs Megha Fisheries Ltd... ..............Respondent Judgment ...... Ltd Co applied to the government for long term lease of 155.39 acres of non-agricultural land for fish cultivation in scientific way; that after enquiries and observing all formalities the lease was granted to the defendant in respect of aforesaid non-agricultural land within Bhaluka PS District-My..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. ......its limit asking a person to attend its office and to, furnish papers in connection of an inquiry. 7. The High Court Division while discharging the Rule has observed that section 3(2) of the Act empowers the Bureau of Anti-Corruption to hold an inquiry and that in the notice issued in connection ......o- 51 DLR 72. Lawyers Involved: Ajmalul 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......or five years, that on the basis of the Subscription agreements the Company was using the VSAT connections for its software 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..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. ......quo;s predecessor and the defendants Nos. 1-19 were included as plaintiffs. But, as a matter of fact, the said Khalilur Rahman alias Ibrahim Howlader predecessor of the plaintiff, never signed the power and the plaint; that he did not know anything about the suit; the signatures in the plaint an......vocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment ......ad all along been in West Pakistan from 1952-1964 is false. Their case is that Baser Sarder purchased the khas and tenanted land of the Khewat Nos. 41/1 and 41/2 and possessed it and thereafter he granted a Mirash Ijara to the extent of 12 annas share to Abdul Kader and others, the predecessors ..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......d. He submits that the High Court Division committed an error of law, inasmuch as the High Court Division has erroneously taken the view that under section 26(2) of the ACC Act the Commission has the power to convict an individual who fails to submit a statement of assets, or submits a statement of ...... section 26(2) The Anti Corruption Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right g......ut such statement could not be prepared with full correctness, without ascertaining the documents already seized and lying in the various offices including the banks concerned and that the time limit granted was so short, i.e. 7 days, that it is not humanly possible to gather the required informatio..Category: Anti-Corruption Laws | Date: | Hits: 144
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. ......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. ......as become the owner of the premises in suit on the basis of gift made by her mother and the defendants are occupying the premises in suit as tenant at the rent of TK.400/- per month payable according to English Calendar by the 15th of the next month, that defendant No.1 is the managing partner of th......ere wish or assertion to require the premises is not enough. To make a case for bonafide requirement actual use and the manner of use must be established by convincing evidence." 7. Leave has been granted to consider the submission whether the notice under section 106 of the Transfer of Property ..Category: Tenancy Law | Date: | Hits: 169
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....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. ...... of land of the suit plot but that will not bring the suit out of the mischief of section 14A of the Act. 14. The learned Attorney General lastly argued that in this court in exercise of the power conferred under Article 104 of the Constitution can do complete justice and dispose of the m...... Vs. Shamirunnessa Bibi, being dead her heirs:-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. V......esaid judgment and Order and the High Court Division by the Order dated 20.05.2002 rejected the review application summarily upon observing that no case for review was made out. 4. Leave was granted to consider the submission that the entire suit plot No. 533 was acquired by the Government..Category: Property Law | Date: | Hits: 25
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