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Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......t Division in the earlier Writ Petition Nos. 1489 of 1991 and in the judgment of writ petition No.488 of 1994. 12. In reply the learned Additional General submits that it is the established principle of law that disputed question of fact can not be decided in writ petition as observed by ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..Category: Property Law | Date: | Hits: 46
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......t as it appears no case of adverse possession was made out in the pleading and was proved and the plea of adverse possession has been raised for the first time before this court. It is the settled principle of law that the plea of adverse possession must be specifically pleaded in the pleading a......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ......remand for assessment of compensation afresh of the acquired land during twenty four months proceeding the date of service of notice on 30.10.1965, is not legal and the same is against the settled principles of law as laid down in the decision reported in 23 DLR (SC) 25, 27 DLR(AD) 65 and 29 DLR......f Uttara Model Town. No notice was served on the appellants. Possession of the land was taken over in 1972 after demolition of eight units of running industries thereon. The appellants were paid a amount of TK.1,34,177.00 for the land, TK.8,83,110.78 for the structures and TK.2,913.24 for the tr..Category: Property Law | Date: | Hits: 37
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: ...... 4. We have heard the learned counsel the impugned judgment and order and the connected papers. 5. As it appears the High Court Division made the Rule absolute holding that in terms of the principle laid down in 17 BLD (AD) 118, once a building is included in either list of abandoned bu......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
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......f Property Act will not be attracted in this case rather the Section 95(4) and (5) of the State Acquisition and Tenancy Act shall apply. 7. This Court in the impugned judgment reiterated the principle of law enunciated in the case of Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, ......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..Category: Property Law | Date: | Hits: 41
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. ...... 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. ...... and import of necessary equipments and also for allocation of necessary frequency. The Commission issued a demand note for payment of Tk.14,950/-as process fee. JTV deposited the said amount. Thereafter, JTV also addressed a letter to the Chairman of the Spectrum Management Committ..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. ......aintiff-respondent and after the death of the said defendant, his heirs, the present leave petitioners were duly substituted. It was conÂtended that the suit was barred by limitation and also by the principle of res judicata. It was asserted in the written statement that defenÂdant No. 1 took mont......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. ..Category: Tenancy Law | Date: | Hits: 141
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. ...... 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. ......htly made the Rule absolute modifying the judgment and decree of the Family Court with the directions that the petitioner will pay the respondent No. 1 Taka 5001 as dower also pay her lump sum amount of Taka 20,000 in four instalments @ Taka 5000 per quarter as maintenance and also pay ..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. ...... 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. ...... Chowdhury Dey, an Advocate of Barisal Bar, got an order of auction sale of the suit land in Execution Case No. 23 of 1973 but the defendants saved the property from auction by depositing decretal amount and then said Sobudh Chowdhury Dey took an attempt to take lease of the suit land from VP Au..Category: Property Law | Date: | Hits: 26
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....der dated 16-5-2003 passed in the instant suit reveals that the petitioner, though filed an application under section 49 of the Ain of 2003 praying for allowing him to repay the outstanding dues by installments but did not file any application before the Artha Rin Adalat praying for selling the ......004 and he from the notice published in the Daily Ittefaq dated 23-8-2004, case to know about the same. The bank contested the Rule by filing affidavit-in-opposition contending that in view of the principles as laid down in the case of Zahirul Islam vs. National Bank Limited, 46 DLR (AD) 191 and...... 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 to pay the balance amount. The petitioner and the respondent Nos. 4-8, contested the above suit and filed written stat..Category: Civil Law | Date: | Hits: 103
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......lenge the impugned revisional judgment and order or the Sessions Judge who directed a judicial inquiry by setting aside the order of the Magistrate dismissing the complaint petition. That would amount to quashing an inquiry proceeding relating a complaint petition, which discloses an offence..Category: Criminal Law | Date: | Hits: 35
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. ......ease on yearly rental basis of the premises shown in the schedule of the respective miscellaneous cases and that she paid the rent as well as the municipal taxes but the landlord did not adjust the amount paid towards the municipal taxes, that while she offered the rent and wanted adjustment of ..Category: Civil Law | Date: | Hits: 104
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......5,546/- and when it was detected, the plaintiff offered the petitioner a loan of Tk.30,00,000/- on condition that the overdraft of Tk. 16,55,546/- was to be adjusted from the said loan and the rest amount will be given to petitioner and the plaintiff obtained from the petitioner collateral secur..Category: Civil Law | Date: | Hits: 91
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. ......Constitution and that the High Court Division assumed the jurisdiction to consider the case of the writ petitioner, as a whole and made the Rule Nisi absolute in its entirety in conformity with the principles laid down in the said Mujibur Rahman's case wherein their Lordships held that 'a person...... 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. ..Category: Employment/Service Law | Date: | Hits: 62
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. ......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. ......riously. The accuseds having forcibly entered into the houses of the witnesses Nos.4 and 8 caused a damage of Tk.50,000/-only by breaking doors, windows, fences and they also snatched away an amount of Tk.50,000/ 3. It was further alleged that victim Abdul Alim was admitted in privat..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. ......case is highly improbable as the respondent, the husband of the victim, miserably failed to explain as to how his wife died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidence having been clearly laid down there had be......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. ...... 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. ......er be the same, to be paid by the petitioner. The learned Counsel at the end of his submission urged that in case review petition does not receive favourable consideration of the Court in that case amount awarded as cost by the High Court Division may be reduced to a reasonable amount keeping in ..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f 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) 128. ......f 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) 128. ......ince taking exception to the practice and procedure follows by the Tribunal relating to restoration of appeal dismissed for default for the negligence and laches of the party, in our opinion, would amount to give premium to the negligence and laches of a party before the Tribunal and causing inj..Category: Administrative Law | Date: | Hits: 95
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......rers in the suit; there being defect of parties the suit was not maintainable; a decree for permanent injunction can not be passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Ru......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
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. ...... consultation with the Finance Department". Accordingly all departments and directives were requested to take up in question of 50% of the work-charged establishment into regular establishment on the principles laid down therein in consultation with the Finance Department. 10. Subsequently, the ......of any existing vacancies nor can directions be given to the State to create posts in a non-existent establishment. The Court would adopt pragmatic approach in giving directions. The directions would amount to creating of posts and continuing them despite non-availability of the work. We are of the ..Category: Administrative Law | Date: | Hits: 136
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