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Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....ellip;………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondent...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....ivil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....itional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....ndustries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD......nsidered. 15. Mr. Huq submits that Arif A Shekha was never a shareholder of the company who filed the writ petition (Writ Petition No. 298 of 1987) on behalf of Eastern Tubes Limited though in the body he claims himself as a shareholder and constituted attorney of the other appellants. Thereafter..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......legal right to interfere with the matter of admission of students, both boys and girls, in the defendant's school, that High Court Division did not appreciate that only the Board is the regulatory body and the different memos by different authorities at the behest of the plaintiff school was of ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corrupti......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....sion as a Dar-rayati tenant under Mohesh Chandra Saha paying rent to him regularly till April 1956 when on whole-sale acquisition of all rent-receiving interests he became a tenant directly under the Government; on his death his sons, Narayan and Tetna Rabi Das, inherited and possessed the land and ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....m Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sargodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and ......Pagla Store, Narayanganj within 30 days. Accordingly, by the "Revised Price Schedule" showing total price of Taka 16,04,72,500 "after price reduction" the words "delivery by sea" as mentioned in the body of the letter dated 30-1-78 lost its force and taking into account the "Revised Price Schedule"..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment A......he effect on health of arsenicosis is very severe and it involves three stages leading at the most serious stage to cancer, the PRIMARY STAGE includes" (i) blacking of some parts of the body or whole body i.e. melanosis and (ii) thickening and roughness of the palms and soles (kerato..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Ref......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Bangladesh.......Respondents Judgment November 29, 2006......rt Division was quite correct in holding that amendment of the schedule of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 was not made to favour anybody or to deprive anybody". 6. The learned Counsel submits in support of the prayer fo..Category: Employment/Service Law | Date: | Hits: 76
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....3 which provides for letting out of premises on monthly basis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of tenants, who would be styled as “m...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......l Bari it was found that Zafar had not gone there the previous night; on further enquiry it was learned that he had not passed his night in his medicine shop as well. After thorough search his dead body was found in the south-east corner of a tank named "Kumaria Tank", which is about 250 yards s..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....nt is misconceived. The above-cited case was decided on the footing that the case which was stopped was a pending case when Ordinance No. XXXVII of 1983 came into effect on 8.8.83 and, therefore, the Government rightly moved the Sessions Judge on 9.11.83 for revival of the stopped case. The accuse......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
.... interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....operty in question was not listed as abandoned property It is pertinent to mention that the agreement for sale being of April 21, 1968 it was held by this Division that the same was binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or ter......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....ancelling the mutation went beyond the limit of his power and the order so passed by the defendant No.1 was without jurisdiction. The appellate Court further observed "I am of the view that if Government thinks that the lands in question belong to or the same are in actual occupation of Hind......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....nying the allegation of settlement as pleaded in the plaint and stated, inter alia, that the suit land was vacant land in possession of the Bhawal Raj Estate, that it was acquired by the Government as excess khas land of Bhawal Raj Estate under the provision of the State Acquisition an...... the written statement, a kind of inference of law and an admission on the point of a legal position is not binding upon any person and withdrawal of such an admission is not likely to prejudice anybody. It the factual position that there was no settlement in favour of the plaintiffs or their pr..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....jected to the admission of Exhibit 3 series and also filed two petitions, one against the admission of exhibits and the other for adjourning the hearing of the proceeding to enable him to move the Government for transfer of the case under section 28 of the Local Government Ordinance, 1976. Both ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
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