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Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
....ic case mentioned in the grounds nor about his involvement in alleges supply of M-16 Rifle. Even if there has been any specific case filed against the detenu subsequent to his arrest he will face legal consequence in the said case. Delivering of speeches, making of political statements, critic...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..Category: Criminal Law | Date: | Hits: 109
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....debottor property and not khas property of the government and that the notice for eviction under section 92 of the State Acquisition and Tenancy Act, 1950 being No. 4 of 1976-77 dated 28.10.1977 is illegal on the averments that two brothers, Mohendra and Lalit were the original owners of suit plot N...... of the appellant and this discrepancy shows that the plaintiffs do not know what is heir actual cause of action and further the Deity did not file the suit and some unscrupulous persons of different status, in their individual capacity, filed the suit and accordingly since the suit having been file..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....ellant is not entitled to get pension benefit without being a regular Government servant. 2. The appellant as the petitioner filed the A.T. Case before the Administrative Tribunal challenging the legality and propriety of the order dated 3.3.1994 passed by the Secretary, Ministry of Local Govern......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)
....intiff instituted the above suit seeking declaration that the order dated 12.11.1997 suspending him from service and the show cause notice dated 14.6.1999 proposing his dismissal from service is illegal, void and not binding upon him on the averments that he, in the year 1968, joined the erstwhi......ree for declaration without any consequential relief. 5. The learned counsel appearing for the petitioner submitted that the Ministry of Finance issued a Circular on 10.6.1996 informing the status of the defendant bank and also the Bank of Small Cottage Industries Bangladesh Ltd. in which..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....igh Court Division failed to take into consideration that the petitioners played no role in the process of allotment of the industrial plots except making the application and performing other related legal procedure in obtaining allotments of industrial plots for their respective industries; the cas......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
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....s is the accretal land to the C.S. Plot Nos. 670, 671, 674, 675, 676 and 250 and that as the said land accreted to the aforesaid plots which were owned and possessed by plaintiffs, as such they are legally owners of the accreted land. It may be mentioned quantity of the land of the aforesaid C.S...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....s and 14 days and he was released from jail upon declaration of general amnesty by the then Acting President. On release from jail the appellant filed Writ Petition No.3832 of 1992 challenging the legality and validity of the order of sentence passed by the Special Martial Law Court No.4, Comill...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....h in substance and the accused were not prejudiced; moreover the alleged non-compliance with section 200 of the Code of Criminal Procedure could at best be regarded as a mere irregularly and not an illegality which could have been considered to be curable under section 537 of the Code of Criminal Pr...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....issued by the respondent No. 2, Additional Deputy Commissioner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr. Habibur ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....court to perform some jobs which is not in siesin of the matter, is not sustainable in law and the submission that while exercising revisional jurisdiction, the High Court Division committed illegality in directing the lower appellate court to take further evidence as to the matters as ment......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
.... regard to the facts and circumstances of the case, we are fully in agreement with the findings and decisions of the High Court Division and we hold that the High Court Division committed no illegality in reversing the judgment of the lower appellate Court and the High Court Division re......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..Category: Property Law | Date: | Hits: 21
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ay of disposing a revisional application summarily without issuing any Rule and behind the back of the affected party without affording any opportunity to place his case which is neither legal nor fair. 9. In view of the discussion above, we are of the view that the High Court D......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....lant does not stand on any foundation. . . Mere filing appliÂcation for registration and recommendaÂtion by various committees and enlisting the name of the appellant in the panel does not vest any legal right in favour of the appellant judicially enforceable in a writ petition………………â€......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....d huts thereon and hence the suit. The defendant Nos. 1-4 contested the suit by filing written statements stating that they purchased, in total, 21 decimals of land in Khatian No. 30 form the legal owners of the land and have been possessing the same for more than 30 years by constructing t......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....ring for the petitioners has, however, submitted with reference to Order 1 Rule 1 of Code of Civil Procedure as to the persons to be impleaded as the plaintiff or defendant in the suit and the legal infirmity for impleading the necessary party regarding the suit for non-joinder or mis-joind......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....ppellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. ......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... have produced more CGI and GP sheets from out of the raw materials and thus the alleged evasion was based on a hypothetical basis and not on actual basis and as such the said allegation is illegal and has no basis in law. 7. We have heard Dr. Kamal Hossain and Mr. Mahmudul Islam the...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....hout paying VAT and on the basis of report so received by the writ respondent No.2 show cause notice was issued to the writ petitioner on January 7, 1996 stating that the petitioner received illegally rebate of Tk.10,77,381.00 and did not pay Tk.1,41,83,583.00 as VAT, that in the show cause ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
....eard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason t...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..Category: Civil Law | Date: | Hits: 94
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....esent P.S. Lalbagh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petit......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
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