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Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....9 of the Importers, Exporters and Indentors (Registration) Order, 1981. Accordingly, the High Court Division declared the impugned Notification to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged befo......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....tion ÓweKí wU GÛ wU ˆZix K‡i jvB‡mÝ e¨wZZ A‰ea Kvh©µ‡gi gva¨‡g miKv‡ii †KvwU †KvwU UvKv AvZ¥mv‡Zi Awf‡hvMÓ to have been issued without any lawful authority and is of no legal effect. 2. The Memo impugned in the writ Petition has under section 3 (2) of the Anti-Corru...... 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
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....iament for the periods of 1986-1987, 1991-1996 and 2001-2006. 3. The writ-petitioner further asserted-that the notice as evidenced by Annexure-A to the writ petition has been issued malafide and illegally as a part of conspiracy to debar her from contesting the next general election. That the imp...... 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
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
.... and also of the trial court and submitted that both the courts below relied on the confessional statement of accused Shamsuddin which is false and not true and as such the courts below committed illegality in placing reliance on the said confessional statement. In this connection, the learned Co...... therefore the High Court Division was justified in maintaining his conviction. 7. But so far accused Tara is concerned the confessional statement of Shamsuddin a co-accused cannot have the status of evidence and the other circumstances do not conclusively connect him with the offence an..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....ing 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 in some places and illegally rejected appellants' claim for potential earnings therefrom for the last 35 years amountin......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
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....ion 109 of the Penal Code and by helping the petitioner to do so his wife and daughters too committed the same offence. 16. On 18.02.2007 when the petitioner was in custody, the respondent No.2 illegally issued a notice under section 26(1) of the Act V of 2004 upon the petitioner to submit his s......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..Category: Civil Law | Date: | Hits: 125
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....peration of a telecommunication system as per requirements of the law, the Ministry of Information had to issue the letter with full lawful authority. It is further stated that the NOC had lost the legal basis, if any, after the stipulated time. 5. The respondent Nos. 3 and 4 Bangla...... 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. ..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ion of the bainapatra and since no suit has been filed within the prescribed period, the title of the plaintiff extinguished under Section 28 of the Limitation Act, the courts below committed no illegality in the facts of the case in dismissing the suit, the High Court Division on taking an erro......ing the Rule absolute and the same accordingly 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
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....y upon the petitioner dismissing him from service along with recovery of Taka 1, 15,000 and the appeal and revision petition against the dismissal order was duly considered and rejected. No illegality or irregularity has been committed in the proceeding. The petitioner instituted ......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 of the petitioner for training and the final appoin..Category: Employment/Service Law | Date: | Hits: 91
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ing the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the gazette notification dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261......no substance 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) 140. ..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......newed his prayer for temporary injunction. The trial Court allowed the prayer for adjournment for ends of justice and in consideration of the facts and circumstances of the case passed an order of status quo directing the parties to maintain their respective possession as to the nature and chara..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....ision was in error in setting aside the finding of fact arrived at by the Court of appeal below which is the final Court of fact upon shifting the onus on the defendants and that in the absence of legal infirmity in the finding of fact arrived at by the Court of appeal below in respect of settle......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....9 .51 acre is to be written in place of .45 acre of land and as such the writ-petition so filed is a misconceived one and that the contention of the writ-petitioner that the correction so made is illegal and malafide is not correct and the further contention was that writ petitioner's land in fact...... 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
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....he aforesaid Memo was issued by the writ Respondent No. 2 as per provision of section 4(1) of the Anti-Corruption Act, 1957. 2. The writ-petitioner is a businessman and pays Income Tax. The legality of the Memo, mentioned hereinbefore was challenged on the ground that law requires that su......of 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) 183. ..Category: Criminal Law | Date: | Hits: 29
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....ed Counsel, appearing for the petitioner submitted that impugned Memos ( Annexure-A and A I of the writ petition) are arbitrary, malafide, discriminatory and without lawful authority and are of no legal effect inasmuch as per Section 12(2) of the Local Government (Union Parishad) Ordinance, 1983......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
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....unicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition against the said impugned Memo dated...... 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
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
....ication Board ordinance, 1977. She next submits that the High Court Division erred in law in failing to consider that since the writ petitioner was removed from his post in compliance with all the legal formalities as laid down in By-Laws of the Rural Electrification Board the order of removal w...... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
....f 3 unions and that he has been acting as an agent of the Government in the matter of registering the marriage and realisation of the taxes for the purpose. The very appointment has not created no legal right in the said post inasmuch as Second Proviso to section 4 of the Muslim Marriage and Div...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....atory that both the G. R. Case and Druta Bichar Case should be tried simultaneously and therefore the High Court Division having misread and misconstrued the aforesaid provision of law committed illegality in directing the Druta Bichar Tribunal to dispose of G.R. Case after the disposal of the D......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. ..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....zance taken by the Senior Special Judge and consequently framing of charge under section 467/471/199 of the Penal. Code along with section 5(2) of the Prevention of Corruption Act, 1947 was clearly illegal. 6. The High Court Division on consideration of the materials on record found that: "......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
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