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Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

....b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ...... Advocate-on- Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-8. Not Represented- the Respondent Nos. 9-43. Civil Petition for Leave to Appeal No. 959 of 2005. (From the judgment and order dated the 15th May, 2005 passed by t......mits that the order of status quo regarding possession and transfer of the suit proper­ty without modifying or making any vari­ation of the said order, the High Court Division was wrong to grant permission to construct a building upon the land in pos­session of the defendant and as s..

Category: Property Law | Date: | Hits: 38

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....er of the respondent, which the respondent has failed to avail, instead, approached the High Court Division on the ground of dis­crimination. 16. We do not find that the Government in exercise of discretionary power under rule 21 has made any discriminatory treatment between the respondent and o......prayed for was issued. The aforesaid direction was communicated to the writ respondent No.1 who expressed the latest position of the authority saying that the writ-respondent No. 2 has taken away his power by Memo dated 22.8.2002 and as such the writ respondent No. 2 is now the competent authority t......m J Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to- Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19. Lawyers Involved: Fida M. Kamal, Add......mported are also more than 5 years old and there has been discrimination as vehicle imported by others of more than 5 years old were released but the writ petitioner was not favored. 4. Leave was granted to consider the sub­missions as under: "The Mr. Fida M. Kamal learned Additional Attor..

Category: Business or Commercial Law | Date: | Hits: 139

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......he legality of the Memo. No. 1221 (5) J, M, 60 dated 14.12.1991 of the Office of District Magistrate, Chittagong issued under the signature of the Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing p......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ..

Category: Property Law | Date: | Hits: 36

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......h, Naogaon a depart­mental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegations of negli­gence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Ser......egli­gence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Services Regulations 1981 with a direction to sub­mit written reply to the inquiry officer and he duly submitted his written reply deny&sh......ent case there was failure to follow relevant provision of law and there was also violation of principal of natural jus­tice due to which the entire proceeding has vitiated. 6. Leave was granted on the submissions that Administrative Appellate Tribunal erred in law in holding that the..

Category: Administrative Law | Date: | Hits: 104

Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

....als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......overnment of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respondent Judgment May 24, 2007. Lawyers Involved: M.A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Md. Mozaffar......ion after hearing made the Rule absolute as noticed earlier. 4. The Government of Bangladesh con­tested the writ petitioner without filing any affidavit-in-opposition. 5. Leave was granted to consider the sub­mission that the High Court Division erred in law in setting aside ..

Category: Property Law | Date: | Hits: 27

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....any illegality 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: IV ADC (2007) 855. ......eign buyers, arranging capital, going into production in quickest possible time and making a commendable headway and due to above and also extraordinary pressure of work which was exaceserated due to power failure, political/labour unrest, flood and other export difficulties he could not take approp......Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by the High Cou......any illegality 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: IV ADC (2007) 855. ..

Category: Business or Commercial Law | Date: | Hits: 151

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 799 of 2004 (From the judgment and order dated 21.01.2004 passed by the High C......be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by any authority competent to grant lease of Government khas land or any other gazetted officer duly authorised in this behalf an..

Category: Property Law | Date: | Hits: 25

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......taque Ahmed, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 11. Not repre­sented-Respondent Nos. 1-10. Civil Petition for Leave to Appeal No. 688 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Co......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..

Category: Property Law | Date: | Hits: 52

M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)

....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ...........A review can only lie if one of the grounds in rule 1 of Order 47 is made out, when the petitioner of a review fails to show any of such of grounds, his review petition can not be allowed. The power of review in not an inherent power. It must be conferred by the law either specifically or by......rd-For the Petitioner (In both the cases) Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 1500 of 2006 & 188 of 2007. (From the judgment and order dated August 23, 2......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..

Category: Alternative Dispute Resolution | Date: | Hits: 193

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......i­dence and also the evidentiary value of the deposition of those witnesses, in Rule 23(4) of the Tenancy Rules which was added by Gazette Notification on the 7th of April, 1967, an additional power was given to the Revenue Officer to deal with cases involving fraud which was not cov­ere......ip;……Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23, 2006. Lawyers Involved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hoss......ate Acquisition and Tenancy Act and hence there was no ille­gality or irregularity in the record of rights; the suit land was described in the kabuliyat as cultivable land and the kabuliyat was granted for the purpose of culti­vation and hence in the absence of any local verification to ..

Category: Property Law | Date: | Hits: 27

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

....rrived at a correct deci­sion and there is no cogent reason to inter­fere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......m and Articles of Association of a banking company stands void if the same contradicts with any of the provision of the Bank Company Act, 1991 and further section 45 of the Bank Company Act 1991 empowers the Bangladesh Bank to issue direction for securing proper management of any bank­ing co......Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- Ghyasuddin Ahmed vs. Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul H......rrived at a correct deci­sion and there is no cogent reason to inter­fere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..

Category: Business or Commercial Law | Date: | Hits: 78

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

.... cogent reason to interfere with the same. Both the appeals are, therefore, dis­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... cogent reason to interfere with the same. Both the appeals are, therefore, dis­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......lna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No. 3871 appertaining to C.S. Khatian No. 1865 of Mouza Baniakhamar originally belonged to one Rakhal Das Bose and his wif......e impugned judgment. The High Court Division upon hearing passed the impugned judgment and order for which the defendant’s appellants are aggrieved and obtained leave from the same. 7. Leave was granted to consider the sub­mission that the High Court Division erred in affirming the decree for ..

Category: Property Law | Date: | Hits: 34

Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)

....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ...... form nor the impugned judgment of acquittal calls for interference under the extra­ordinary jurisdiction on the ground canvassed before us". The High Court Division further observed that power under section 561A of the Cr.P.C in the instant case would have been exercised by the High Co...... Amin J M.M. Ruhul Amin J Md. Tafazaul Islam J Razia Khatun.......................Petitioner Vs. Idris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by A.S......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..

Category: Criminal Law | Date: | Hits: 36

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......iyan, the learned Counsel appearing for the petitioners, submitted that section 21 of the Securities and Exchange Ordinance, 1969 not having provided any principle or guideline for the exercise of power to order or cause an enquiry to be made by the commission into the affairs of the issuer of a......r. Mahmudul Islam, Senior Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record- Respondent No. 2. Not represented- Respondent Nos. 1, 3-5. Civil Petition for leave to Appeal No. 1581 of 2002. (From the Order dated 20th August 2002 passed by the High Court ......n stayed the further proceeding of the criminal case Thereafter on an application at the instance of the writ-respondent No.2 the High Court Division by the impugned order vacated the order of stay granted earlier. 6. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the petitione..

Category: Criminal Law | Date: | Hits: 36

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......Senior Advocate, instructed by S.R. Khoshnabi, Advocate-on-Record- For the petitioners (In both the cases). Not represented- Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 751-52 of 2004. (From the judgment and order dated 13.3.2004 passed by the Hi......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......bsp;      Not represented- Respondent Nos.2-6.               Civil Petition for Leave to Appeal No. 231 of 2006 (From the judgment and order dated 06.08.2005 passed by the High C......n application of the petitioner (the present respondent No.1), the Ministry of land vide memo dated 28.09.1999 directed the Commissioner, Barisal Division to decide the illegality if any, caused in granting settlement in favour of the respondent No.6 (the present petitioner), consequently revisi..

Category: Property Law | Date: | Hits: 29

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the First Court of Assistant Judge at Dhaka against Abdul Jalil and others for a decree of declaration including one that the power of attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by de......Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the Hi......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...

Category: Tenancy Law | Date: | Hits: 180

Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)

....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......bove observation, the respondent-contemner Nos.3-5 took the actions on bonafide belief. It also referred to two decisions reported in 14 DLR (SC) 273 and 15 DLR (SC) 150 and has submitted that the power granted to the Court to decide the question of contempt of Court should be used very sparingl......p contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No. 1010 of 2002 was filed on 16 November 2002 whereupon a rule was issued calling upon the appellants and others to show cause as to why contempt proceeding should not be drawn up against them and/or pass such ot......ontemners amounts to violation of the order of the Court passed in Writ Petition No. 1010 of 2002. 3. The appellants, however, submitted that Ad-hoc Committee was constituted during the stay granted by the Appellate Division which was in force till 12.08.2002. So, it was submitted that co..

Category: Criminal Law | Date: | Hits: 47

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......lved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents  Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 2005 passed b...... and Order is liable to be set aside; that the High Court Division has failed to appreciate the terms and tenor of the order dated 28.05.1973 of the Ministry of Land Administration and land reform granting lease of the 12 annas share of the case Jalmohal to the appellant petitioner till final pu..

Category: Property Law | Date: | Hits: 50

Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)

.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......hile he was working as an ASI of Special Branch, Dhaka received the impugned malafide and illegal order dated 07.10.2003 issued by the Inspector General of Police (Acting) in purported exercise of power under Section 9(2) of the Public Servants (Retirement) Act, 1974 on 11.10.2003. The impugned .................Petitioners Vs. Md. Waziullah........................Respondent Judgment February 6, 2008. Lawyers Involved: Hasan Faez Siddique, Additional Attorney General, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioners A. F. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..

Category: Administrative Law | Date: | Hits: 120