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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: ......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: ...... Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred to- 17 BLD (AD) 118; 49 DLR(AD)161; 47 DLR(AD) 71; 15 BLD(AD)175. Lawyers Involved: ......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: ..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. ......en settled that particular provisions may be regarded as directory merely; by which is meant that they are to be considered as giving directions which ought to be followed, but not as so limiting the power in respect to which the directions are given that it cannot be effectually exercised without o......Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and another, 3 BLD 1...... for leave to appeal is directed against the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.8254 of 2007 discharging the Rule and vacating the order of stay granted on 30.10.2007. 2. The facts, in short, are that the aforesaid Writ Petition No. 8254 of ..Category: Civil Law | Date: | Hits: 125
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......shortly the Act) came into force on 31.01.2001 and on the very date of commencement of the Act, a Commission known as the Bangladesh Telecommunication Regulatory Commission was established and all powers, functions and authorities that were being exercised by the Post and Telecommunication Minis......y, Government of Bangladesh & Others…………………. Petitioners (In Civil Petition No. 767 of 2005) The Bangladesh Telecommunication Regulatory Commission Represented by its Chairman………………….......f Information, the Government of Bangladesh for setting up and operating both terrestrial and satellite television channels. Upon the application, the Ministry on 05.02.2002 granted a 'No Objection Certificate' in short, NOC to the JTV for opening and operating countrywide..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ...... M. Ruhul Amin J Sufia Begum & Others………………..Appellants Vs. Md. Tariqul Islam & Another………………Respondents Judgment September 12, 2007. Case referred to- 44 DLR (AD) 100. Lawyers Involved: Mohammad Ullah, Advocate inÂstructed by Nurul Islam......sed. The plaintiff then moved the High Court Division in revision and the Rule issued was made absolute upon setting aside the concurrent findings of fact arrived at by the courts below. Leave was granted on the following grounds: - (1)"For that from the facts disclosed in pleadings of the..Category: Tenancy Law | Date: | Hits: 141
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. ......t No. 2 is the owner of a business firm MS Salmon Trading who opened Current A/C No.100874 with the petitioner Bank. The said account was operated by respondent No. 1 AB Siddiq (Ludu) under a power of attorney (Letter of Mandate) on behalf of respondent No. 2. 4. In 1988 respondent N......former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)................Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering......d by respondent No. 1 AB Siddiq (Ludu) under a power of attorney (Letter of Mandate) on behalf of respondent No. 2. 4. In 1988 respondent Nos.1 and 2 applied to the petitioner Bank for granting LC opening facilities for importing fax machines from Singapore at 10% margin. The petitio..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......ziana Khatun......................Petitioner Vs. Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High ......estion in the 'Ka' list of the abandoned properties is illegal, arbitrary and without jurisdiction but the High Court Division on an erroneous view of Article 14(1) of the PO 16 of 1972 held, that granting injunction by the Munsif was illegal because Article 14(1) of PO 16 of 1972 was a bar and ..Category: Property Law | Date: | Hits: 23
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... 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: 13 BLC (AD) (2008) 131. ...... 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: 13 BLC (AD) (2008) 131. ......Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—for Respondent No. 1. Not represented—Respondent Nos. 2-40. Civil Petition for Leave to Appeal No. 63 of 2007. (From the judgment and order dated 24-8-2006 passed by the High Co...... 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: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......d manage the property or occupy the property at the time of transfer in 1979. The finding so made by the Court of Settlement being the finding of fact, the High Court Division while exercising its power of certiorari, the said Division in the absence of mis-reading or non-consideration of the ma...... Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed by the Hi...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
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. ......000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the same and the company repaid a sum of Taka 20,00,000 only and failed t......d. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007. Cases Referred to- Gazi M Towfic vs. Agrani Bank 54 DLR (AD) 6; Zahi......ovisions of the above sub-section (6) of section 12 of Ain 2003 but no such application was filed and further, the issue as to on what basis the bank claimed excess money beyond the amount of loan granted being a question of fact cannot be decided in the writ jurisdiction and that the bank praye..Category: Civil Law | Date: | Hits: 103
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....y sought the deity, from the suit land and vacated the suit possession. The learned Counsel argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary Power which the Court exercises with great caution and circumspection when an applica......ubmitted that the subject sold the suit land with recital that she has already sought the deity, from the suit land and vacated the suit possession. The learned Counsel argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary Power wh......bur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by the High ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ellant Vs. Ershad Ali Moral and others …………....Respondents Judgment January 11, 2005. Lawyers Involved: Shamsul Huq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Md. Nawab ......e dakhilas Ext.1 series". In the afore state of the matter the appellate Court arrived at the finding "I do not find any reason to believe that they (P.Ws.2-3) were present at the time of granting the dakhilas Ext. 1 series or their presence at the time of alleged pattan or that the sam..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......was opposed by the Government contending, inter alia, that the Government issued an order authorizing the Director General of the Bureau of Anti-Corruption to exercise the power under section 4(1) of the Act and as such the action i.e. serving of notice by the Depu......'s Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain…………………Respondent Judgment October 20, 2005. Lawyers Involved: Bodruddoza, Deputy Attorney General, instructed by......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ..Category: Criminal Law | Date: | Hits: 29
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......ed by Aftab Hossain, Advocate-on-Record-For the Petitioner. (In all the cases) Mrs. Khaleda Zaman, Advocate-on-Record-For the Respondent (In all the cases) Civil Petition for Leave to Appeal Nos. 199-201 of 2004 Judgment &nbs......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ..Category: Civil Law | Date: | Hits: 104
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. ......le to be recalled or discharged. 10. The provision as regards the consultation contemplated under Article 116 of the Constitution is as under: Article 116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial ...... Rahman 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2). Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Saifur Rez......the People's Republic of Bangladesh under the aforesaid Government Servant (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority. 4. Leave was granted to consider: "Mr. A.J. Mohammad Ali, the learned Additional Attorney Gene..Category: Employment/Service Law | Date: | Hits: 62
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......as not authorized to serve the same since Gazette Notification was produced by filing supplementary affidavit showing that the officer who signed the eviction notice was authorized to exercise the power of a Magistrate as per the provision of Ordinance No. 24 of 1970. The crux of the matter is w......e Petitioners. Osman Gani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-13. Civil Petition For leave to Appeal No. 263 of 2004 (From the judgment dated July 8, 2003 of the High Court Division i......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......inistrative order for the purpose of maintaining up-to-date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the Revenue Officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken ......eferred To- 53 DLR (HCD) 19; 55 DLR (AD) 125. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... and circumstances of the case. 5. The High Court Division upon hearing the parties found that the order of detention has been made without application of mind and upon colorable exercise of power and that there is no nexus between the grounds and the purpose of the detention made the Rule......l……………………………Respondent Judgment November 28, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. ......plication praying for 5 days remand was prayed before the Magistrate, while the lawyer for the detenu made application praying for bail. The Metropolitan Magistrate rejected the prayer for bail and granted 2 days remand. This news has been reported in some national dailies, i.e., Janakantha and P..Category: Criminal Law | Date: | Hits: 109
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......said decision is in fact for the proposition that: "We see no reason why in our country as well the void created by the absence of law and rules under Article 133 cannot be filled up by executive power under Article 55(2) expressed to be taken in the name of the President (Article 55(4). Such ex......H.P. v. Nodha Ram, SCC pp. 478-79. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record- For the Appellant. Anwarul Azim Khair, Deputy Attorney General, instructed by Firoj Shah, Advocate-on-Record-For the Respondents. Civil Appeal N...... the Administrative Tribunal challenging the legality and propriety of the order dated 3.3.1994 passed by the Secretary, Ministry of Local Government, Rural Development and CoÂoperatives refusing to grant pension benefit to the appellant. 3. The case of appellant, in brief, is that he entered t..Category: Administrative Law | Date: | Hits: 136
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......cognizance is taken by appropriate Court, there is hardly any scope for saying that charge sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pas......nior Advocate, Mvi. Md. Wahidullah, Advocate-on Record - For the Petitioners (In Criminal Petition No. 239 of 2004) Not represented -Respondents (In all the cases) Criminal petition For Leave to Appeal Nos. 262, 237 & 239 of 2004. (From the judgment and order dated 17.5.2004 passed b......ained bail and then the case was sent to the Senior Metropolitan Special Judge, Dhaka who registered it as Metro Special Case No. 81 of 2000 and then the above accuseds including the petitioners were granted bail. The petitioners then moved the High Court Division and as stated earlier obtained Rule..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment March 14, 2005. Result: The appeal is allowed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate -on-Record-For the Appellant. Abdul Wadud Bhu......writ petition, who is the appellant herein, contested the said writ petition without filing any affidavit-in-opposition. The High Court Division after hearing made the Rule absolute. 3. Leave was granted to consider the submissions that the High Court Division not being the court of appeal erred..Category: Property Law | Date: | Hits: 28
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