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Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......-"I" to the writ petition and for a direction upon the respondent No. 1 to grant lease of "Joaria Beel Kobadiar Khal" fishery in favour of the petitioner after due consid­eration of the petitioner's application for lease as per the report of the respondent No. 3 dated 01.01.2008 and Fishery Managem..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ...... Food Department of the carrier, then it will be dif­ficult to recover the amount of Tk.66,39,572.30 of Food Department from the carrier. 6. Under such circumstances the govern­ment filed an application to be added as a party in the Execution Case No.05 of 2004 filed by M/S. Al Falah Shippi..

Category: Others | Date: | Hits: 356

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......as mutwalli on 31.01.2000 of the said Waqf Estate and he is performing his function efficiently and honestly. The respondent No.1, Kayesh Miah brought some false and baseless allegations by filing an application against the petitioner before the Deputy Administrator of Waqfs. Consequently, the local..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ....... 1863 of 2007 discharging the Rule and affirming the judgment and order dated 19.03.2007 passed by the learned Senior Assistant Judge, Sadar, Sylhet in Miscellaneous Case No.18 of 2006 rejecting the application for setting aside the order dated 11.03.2007 dismissing the miscella­neous case. ..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ...... for. 5. Grounds set-forth in the leave petition appear to be of no substance in view of the observations made and the findings of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......ant who were the respondent in the High Court Division and the direction is modified in the following terms:- The respondent who are the appellants here are directed to consider and dispose of the application of the writ petitioner's praying for license under Section 11 of the Narcotics Control A..

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....d enforceable legal rights. 16. On perusal of Civil Petition for Leave to Appeal No.290 of 2007 it appears that without concluding the tender process as was initiated earlier the appellant invited fresh tender on 22.06.2004 and Mahmudul Huq the petitioner deposited Tk.26 (twen­ty six) lacs by pa......ered appear­ance through Advocate but did not file affidavit-in-opposition to contest the Rule and by the impugned judgment and order the Rule was made absolute and hence this leave petition with an application for con­donation of delay of 98 days. In view of the statements made in the application..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201....... service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giv­ing benefit of pension and gratuity etc. and it is alleged that he had lastly submitted an application to the authority, namely the Chairman of Bangladesh Water Development Board on 17.06.199..

Category: Labour and Industrial Law | Date: | Hits: 110

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ...... Not rep­resented-Respondent Nos.1-4, 7, 11-146. Civil Appeal No. 274 of 2001. (From the judgment and order dated 20.01.1997 passed by the High Court Division summarily rejecting revisional application filed against the judgment and decree dated 27.10.1996 in Title Appeal No.37 of 1990.) ..

Category: Property Law | Date: | Hits: 33

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......aban­doned property and one Abdul Faraj Molla filed a Case No.132 of 1996 and the prop­erty was enlisted in the "kha" list without sending any notice upon the appellant. The appellant then filed an application for being added as a party in Case No.132 of 1996 which is pending before the Court of S..

Category: Property Law | Date: | Hits: 37

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......er favour by evicting the unauthorized persons but to no effect. The house was included in the 'ka' list of abandoned buildings published by the Government on 23.09.1986. The respondent then filed an application before the Court of Settlement praying for release of the house in question. 3. A..

Category: Property Law | Date: | Hits: 31

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....ality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ed by him. 2. The petitioner filed Application No.26527 dated 14.11.99 in Class 2 before the Registrar of Trade Marks Dhaka for registration of the Trade Marks GX 06661 and the said trade mark application was advertised at page 51 in the Trade Marks Journal No. 203 dated 30.5.2000 pub­lished..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....R canceling its earlier notification i.e. notification dated March 11, 2001 whereby NBR directed the authorities to levy 15% VAT on the 20% of the tender value of the PSI Agency and thereupon issuing fresh notification for charging VAT on the fees or commission of the PSI Agency was arbitrary and th......It may be mentioned on the date on which tender documents were made available to the intending bidders seeking appointment of PSI Agency and that the date mentioned in the tender doc­ument as regard application of law relat­ing to payment of taxes, duties, fees, levies and other charges and that o..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)

....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......etition for leave to appeal is directed against the Judgment and Order dated 26-10-2008 passed by the High Court Division in Civil Order No. 4022 of 2008 under section 115(1) of the CPC rejecting the application and affirming the order dated 24-7-2008 passed by the learned Joint District Judge, 1st ..

Category: Others | Date: | Hits: 94

State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......he High Court Division at Dhaka apprehending that they may be arrested any physically humiliated and harassed by the police and they could come all the way to Dhaka to move the High Court Division an application under section 498 and obtained ad-interim anticipatory bail. 5. We simply failed ..

Category: Others | Date: | Hits: 81

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......y joined the post and worked as Lecturer, a legal right has accrued to him and this right cannot be taken away in such an arbi­trary manner. The decision reported in 44 DLR (AD) 305 has no manner of application in the attending facts and circumstances of the case. 7. The High Court Division held..

Category: Employment/Service Law | Date: | Hits: 68

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......this service shall not be allowed to go back to his previous service. By the notification published in Bangladesh Gazette dated 10.04.2000, rule 7 of the said Rules were amended providing for written application for absorption and certain other matters but maintaining the provision of rule 7(2) as b..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High Court Division in Civil Revision No. 3872 of 2004.) Judgment Shah Abu Nayeem Mominur Rahman J. – This application for leave to appeal is against the judgment and order dated 20.5.2007 passed in Civil Re..

Category: Property Law | Date: | Hits: 63

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

.... as sought, the suits are also hit by Section 42 of the Specific Relief Act and Section 7 of the Court Fees Act. After withdrawal of the suit or dismissal of a suit for non-prosecution for default no fresh suit can be filed by the same parties or any party claiming through them on the same subject o......inding upon the plaintiff. Therefore the cause of action of the present suits being all together different the principle of Section 52 of the Transfer of Property Act is quoted above has no manner of application in as much as in the earlier suits right to immovable property was not directly and spec..

Category: Property Law | Date: | Hits: 43

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......failure to pay two successive installments, the defendant would be disentitled from the privileges allowed i.e. the waiver of interest and repayment in installments, and that the defendant filed an application in the Court below for dismissing the suit on the ground of want of cause of action an..

Category: Civil Law | Date: | Hits: 136