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ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....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 guaranteed un...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed………â......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 guaranteed under Article 35(4) of the C...... 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. ..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. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ......efendant No.1's father died on October 15,1982 leaving sons and daughters as well as a wife and although they are the tenants of the suit premises but no notice under section 106 of the transfer of property Act was served upon all of them and they have also not been parties in the suit. It is also......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. ..Category: Tenancy Law | Date: | Hits: 169
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....t 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 matter finally. In support of his contention the learned Attorn......-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. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed...... publication of gazette notification dated 20.02.1950 the right, title and interest, if any, of the original owner in the acquired land including the suit plot had already extinguished and once the property was acquired and gazette notification published, the same vested in the government and ca...... to its original position. Therefore, the fact remains that there was no contested hearing of the suit and the defendants could not place their case and other materials before the court for proper adjudication. Complete justice is to be done in an appropriate case. "It is an extraord..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......June 15, 2008. Lawyers Involved: Abdul Malek, Senior Advocate (Anisul Huq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant Md. Ali Akand, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record- For the Respondent&nbs...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......contemplated by Sections 378 or 429 of the Code of Criminal Procedure and no judgment has followed and at this state any decision on the interpretation of the above sections is likely to influence adjudication upon matters not yet finally decided by the High Court Division. Therefore this Divisi..Category: Criminal Law | Date: | Hits: 52
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....f bhiti land after paying a very small amount of money on rough and ready calculation started delaying the process of acquisition for years together in spite of repeated written representations to complete the same and to pay the compensation according to law but in vain. Of late, the appellants......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart......6.25 paisa. It was submitted before the High Court Division that the Joint District Judge, and Arbitrator while assessing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land i......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
.... filed writ petition challenging the above judgment and order stating, inter alia, that the case property being an abandoned property vested in the government by operation of law and the petitioner completely failed to establish her claim in the case property and further the case property was not......vision (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred t......rder dated 12.3.1994 of the 1st Court of Settlement passed in Settlement Case No.920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the “Kha” list of abandoned buildings. 2. Facts, in brief, are t......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
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......e Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Invo......ade Marks Registry, Dhaka under application No. 1713, 1723, 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, there was no opposition from any quarter and eventually the trade mar......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..Category: Intellectual Property Law | Date: | Hits: 231
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance 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) 150. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the......te further submitted that the impugned judgment and order dated 26-6-2005 passed by Administrative Appellate Tribunal in Administrative Appellate Tribunal Appeal No. 8 of 1998 is not based on proper and reasonable construction of law as to the status of the appointing Authority in case......ance 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) 150. ..Category: Employment/Service Law | Date: | Hits: 91
Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 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) 137. ...... Md. Abdul Matin J Abdur Rakib (Md) (Shahin)...........Petitioner Vs. Shertaj Khatun and another...........Respondents Judgment June 16, 2008. Lawyers Involved: ......aka 300 per month from the date of her birth and will continue to give her the amount till her marriage. 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 ...... 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) 137. ..Category: Family Law | Date: | Hits: 155
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. ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Respondents ......eing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the decree dated 17-5-1971 passed in Title Suit No. 94 of 1...... 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. ...... Md. Tafazzul Islam J Md. Hassan Ameen J Md. Fazlur Rahman.................Petitioner Vs. Chairman, First Court of Settlement, Bangladesh Abandoned Buildings and another ……………………Respon......1994 of the 1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the...... 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
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......lso Reported in: 16 BLT (AD) (2008) 190. ...... Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982). 4. It was the primary contention of the writ-petitioner that the Government only to deprive her from proper compensation has made the correction in the Gazette Notification and that the correction so m...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......r. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No. 6093 of 2004). ......e was cast against the resolution for removal of the petitioner. Thus, the Authorized Officer accepted the resolution of no-confidence against the petitioner. All the proceedings were performed in proper and appropriate manner and it is clear from the Annexures and other papers that the Aut......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..Category: Others | Date: | Hits: 91
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......dul Basel Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on Record-For Respondent No. 5. Civil Petition For leave to Appeal No. 485 of 2005 (From the judgment and order dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the High Court Divisi....... Case No.102 of 2002 is, the counter case of Druta Bichar Case No.22 of 2004 and the petitioner would be seriously prejudiced if the trial of the two cases is not held simultaneously and that for proper adjudication both the case should be heard simultaneously. The, learned Druta Bichar Tribuna......No.102 of 2002 is, the counter case of Druta Bichar Case No.22 of 2004 and the petitioner would be seriously prejudiced if the trial of the two cases is not held simultaneously and that for proper adjudication both the case should be heard simultaneously. The, learned Druta Bichar Tribunal by it..Category: Criminal Law | Date: | Hits: 31
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......te-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Respondent. Criminal Appeal No.16 of 1999. (From the judgment and order dated 2.11.1994 passed by the High Court Division in Criminal Appeal No. 1859 of 1991). ......e revolver was removed in such a case of unnatural death; P.W.39 the succeeding investigating officer was also examined after more nine months of the occurrence and P.W.38 did not even consider it proper to send the seized revolver to finger print expert which shows how a perfunctory investigati......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ...... J M. M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Nurul Huda………………………Petitioner Vs. Iqbal Anwar and others………………………Respondents ......me Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenue (hereinafter the property) wherein the Gulshan Police Station was at that time located to one Nazrul Islam, attorne...... of the facts and circumstances of the case the High Court Division was not in error in hearing the intervener who placed the case of the claimant of the property which was very much necessary for adjudication of the Writ Petition No. 3419 of 2000 which was filed with the object of making ineffe..Category: Property Law | Date: | Hits: 28
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ...... Appellate Division (Civil) Present: Md. Rahul Amin J Md.Tafazzul Islam J Probir Kumar Basak Chowdhury………………........Petitioner Vs. Thana Nirbahi Officer, Manikganj and others……………….......Respondents Judgment August 3, 2006. Cases Referred To- ......990 of the Court of Assistant Judge, Manikganj Sadar in Title Suit No. 425 of 1977 dismissing the suit. 2. The petitioner along with Giriza Shaha filed the above suit for declaration that the suit property is a debottor property and not khas property of the government and that the notice for evic......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....n similarly situated should be dealt with similarly and as such the discriminatory treatment in not making the appellant's employment on regular basis could be remedies even in the principle of doing complete justice. 14. The learned Deputy Attorney General has submitted that the appellant havin...... JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdur Rahman……………………………………………..Appellant Vs. Government of Bangladesh and another…………………Respondents Judgment July 11, 2005. Result: The appea......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. ......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. ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August......s at the root resulting the suit not maintainable as framed. The suit ought to have been dismissed on this issue." 9. Accordingly we are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at the correct decision. T......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..Category: Employment/Service Law | Date: | Hits: 84
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. ...... of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quashed. So, the instant criminal miscellaneous cases are quite prem......for immediate settlement of the land apprehending their dispossession there from by trespassers; then Barrister Md. Rafiqul Islam Miah, the then works Minister, made a query as to whether it would be proper to convert the above land of C. S. Plot No. 97 into a commercial plot as it was acquired for ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 152
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