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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. ...... Syed JR Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Agriculture Development Corporation. .............. Petitioner Vs. Zinnatul Hossain and others...........................................Respondents Judgment August 8, 2006. ......8. Mr. Sobhan, having pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal without proper application of judicial mind. His submission was that the conduct of the respondent No. 2 com......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. ..

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. ......Alauddin.................Petitioner (In Civil Petition No. 1083 of 2007) Jalaluddin.............. Petitioner (In Civil Petition No. 1084 of 2007) Vs. Government of Bangladesh and others..............Respondents (In all the cases) Judgment February 20, 2008. ...... Petition No. 5674 of 2005 and that by Notification dated 13.5.2004 by inserting new Rule 55B in the Mines and Minerals Rules, 1968, new administrative systems have been estab­lished providing proper checks and bal­ance in leasing out the quarries and that in clause 1 of the agreement fo......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. ..

Category: Others | Date: | Hits: 101

Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)

.... 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, if implemented, would be a complete violation of the provision of the President Order No. 59 of 1972 and the petitioner will i...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ......eld that the above submission is also without any basis inasmuch as the scheme adopted by the Board requires assistance from World Bank. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ......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

Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)

....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors…......ces is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitution is not the proper jurisdiction and accordingly this petition is not maintainable. If so advised the writ petit......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..

Category: Criminal Law | Date: | Hits: 41

Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)

....ule on 21.11.1999. 16. In the background of the facts and circumstances of the case as well as for the sake of advancing the cause of justice this Division should exercise its power of doing complete justice in the matter by sending the civil revision back to the High Court Division for di......inst 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 was filed against the judgment and order dated November 14," 1999 of the Court of Nari-O-shishu Nirjatan Daman Bishesh Adalat......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. ......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. ..

Category: Family Law | Date: | Hits: 173

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

....nization of the services by prescribing unified grades and scales of pay and other conditions of service employed in such services and all the appellants during their long service career successfully completed departmental foundation training, departmental administrative and management training and ......lso Reported in: 2007 (XV) BLT (AD) 124. ......been stated that the Sub Rule (3A) is not ultra vires the Article 27 and 29(1) of the Constitution. The further case of the respondent is that the selection and recommendation of the 46 officers were properly made in a properly held meeting of the departmental promotion committee on the basis of mer...... 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

Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)

....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Azad Shahnewaz……………………Petitioner Vs. Artha Rin Adalat, Dinajpur and others …………....Respondents Judgment October 20, 2005. ......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......ed by the writ-Respondent No.2 i.e. the Bank. In the aforesaid state of the matter the contention making which the writ petition was filed became seriously contentious and consequent thereupon the adjudication of the said  contentions was  quite  beyond  the jurisdiction of ..

Category: Civil Law | Date: | Hits: 73

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. ......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 Court Division in First Appeal No. 87 of 2002). ......fendant did not contest the arbitration proceeding any further and so there is no illegality in making the award the Rule of the Court. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct deci­sion and there is no ......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

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

....abilities acquired in the name of Noor Mohammad and five others and so registered in the office of the Sub-Registrar, Sadar, Chittagong by sale deed No. 2018 dated 19.4.1968 provided the petitioner completes negotiation with­in 3.10.2005. 3. The petitioner after obtaining the certi&sh...... Supreme Court Appellate Division (Civil) Present: Mohammed Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Kaiser A. Chowdhury and others……………………………........Adalat No.1, Chittagong allow­ing the decree-holder bank's application and auction schedule fixing 30.8.2005 as the date of auction and publication of the notice of auction of the petitioner's proper­ties in Chittagong in national "The Dainik Manab Jamin" and local "The Da......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..

Category: Civil Law | Date: | Hits: 102

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. ......d in: V ADC (2008) 765. ......urther amount of Tk. 13,000/- upon making endorsement on the reverse page of agree­ment, that the defendants delayed the exe­cution and registration of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the ab......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

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....ty will execute the work within 4 months time as stipulated in the work order issued in favour of the 1st party for completion of the work, In the event of failure of the 1st party to commence and complete the work with in the stipulated time the 1st party would be subjected to diverse punishmen...... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20......mended site plan was sup­plied on 22.09.1994 before mobilization of the work by the contractor and before samples of materials were supplied on 10.09.1994. The contractor did not mobi­lize proper manpower and even after sup­ply of the site plan and drawing for tempo­rary shed wit......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

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

.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ......nt of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Public Works, Bangladesh Secretariat, Ramna, Dhaka ...........Petitioner Vs. Moslema Khatun and others. ...........Respondents Judgment November 29, 2006 Lawyers Invol...... absolute the Rule. The writ petition was filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Se...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ..

Category: Property Law | Date: | Hits: 24

Md. Nazim Uddin Vs. Managing Director and others, 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: V ADC (2008) 690. ....... ......খি না। আপীলকারী প্রার্থিত প্রতিকার পেতে হকদার হয়”। 9. We are of the view of that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The lear......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: V ADC (2008) 690. ..

Category: Property Law | Date: | Hits: 32

Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)

....nfirmity 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) 687. ......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March,  2005 passed by the High Court Division in Civil Revision No. 389......cting the merit of the suit and further the learned Advocate for the peti­tioner appearing before the High Court Division could not also point out any such legal infirmity; admittedly the suit proper­ty belonged to Lehajuddin who on 5.7.1962 executed the sale deed under challenge and the......nfirmity 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) 687. ..

Category: Property Law | Date: | Hits: 25

Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)

....on of the suit land through Hamid Ali or Nanna Mia or defendant No.1; since 1922 Hamid Ali owned and possessed the suit land openly, continuously and uninterruptedly denying the title of others and completely ousting Tukku Mia and after Hamid Ali his son Nanna Mia was in possession of the suit l......Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam Sayed Ahmed Majumder..........................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyer...... in the suit jote, the sub­mission of the learned Advocate of the petitioner regarding the maintainability of the suit has no basis. 6. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The...... 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) 673. ..

Category: Property Law | Date: | Hits: 20

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. ...... Present: Md. Ruhul Amin J M.M.Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, rep­resented by the Deputy Commissioner and others .......................Petitioners Vs. Manindra Kumar Paul and others .........r whereabouts; Raj Kumar Paul died in this country in the middle of 1969 leaving the respondent Nos. 1 and 2, his other two sons, who did not go to India; the suit land was never entered into enemy property list and there was also no Gazette Notification enlisting the same as enemy property; afte......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

Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)

....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......te Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mosa. Rabeya Khatun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment Sep......l Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On appeal, the Court of appeal below found that the disputed property is a compact block of land and the plots are contiguous to each other and also contiguous ......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..

Category: Property Law | Date: | Hits: 21

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. .............. 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 vs. Md Jalil and others, 49 DLR (AD) 26; Ayes......ion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings un­lawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966......by the learned Counsel for the respondent that the Court of Settlement in not allowing the respondent to place evidence and thus having had shut out the opportunity of producing evidence for proper adjudication of the case, as such, the High Court Division was quite correct in setting aside the ..

Category: Property Law | Date: | Hits: 32

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. ......ul 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 Division in Writ Petition No. 529 of 2002.) ......fficer concerned by the Metropolitan Magistrate, Dhaka and the District Anti-Corruption Officer only issued notice to the petitioner, under the Order of the Metropolitan Magistrate in the interest of proper inquiry and furthermore, in the reported case the petition of complaint filed before the Chie...... 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. ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)

....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......asan J Mohammad Fazlul Haque J Chittagong Jute Manufacturing Co. Ltd……………….Appellant Vs. Chairman 1st Labour Court, Chittagong and others.........Respondents Judgment January 27, 2003. Cases Referred To- ......the same, which was treated as not satisfactory. Thereafter, an inquiry commit­tee was formed. The respondent No. 2 appeared before the inquiry committee. His case is that his statement was not properly and correctly recorded and his signature was obtained by force. The inquiry committee was......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..

Category: Labour and Industrial Law | Date: | Hits: 117