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Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ...... giving out that the respondent Nos. 1 and 2 have approved a plan to construct in the lake's open area which the respondents cannot do, open space cannot be filled up in violation of the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the tim..Category: Property Law | Date: | Hits: 36
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......bsp; port and for charges for services rendering to the port authority or to any official and that the port authority was empowered to detain the vessel for non-payment of tolls, dues, rights, charges or penalties payable under the Ordinance and that vessel requires a port clearance..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......rit petitioners challenged the aforesaid memo stating, inter alia, that the orders were violative of their vested right enshrined in the Service Rules of the TCB and also violative of the fundamental rights guaranteed to them under Articles 28-31 of the Constitution and also the impugned orders bein..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......pon exceeding its jurisdiction rejected the oral gift made by the original owner of the property to her daughter, Anwari Khatun, that claimant of the property has mutated her name in the record of rights and paying the taxes and other dues to different authorities and this fact is sufficient to ..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......in evidence in accordance with law. However, from the judgment of the trial court it appears that the trial court perused those kabuliyats and found that those were not kabuliyats creating tenancy rights rather those were Meadi Kabuliyats for 9(nine) years and those were not kabuliyats in respec..Category: Property Law | Date: | Hits: 28
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......03 (Act VII of 2003) as well as the proceedings of Artha Rin Suit No. 315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka i.e. respondent No.2 mainly on the ground of fundamental rights guaranteed under the Constitution. After hearing the learned Advocate of the writ petitioner..Category: Civil Law | Date: | Hits: 80
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......by any consideration." In the same volume at page 638 it has been stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal rights is in progress and further that "Acquiescence operates by way of estoppels. It is acquiesce..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ...... such inordinate delay in filing the writ petitions disentitled the writ petitioners the relief sought for. In fact the writ court erred in entertaining such delayed writ petitions inasmuch as the rights which accrued to the Government and the writ respondent No.5 by reason of such delay were no..Category: Property Law | Date: | Hits: 42
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ...... purporting to forfeit publications of the Ahmadiyya Muslim Jamaat in Bangladesh and to prohibit their publication, sale distribution and preservation thereof in violation of fundamental rights of citizens as guaranteed under Articles 27, 31, 39 and 41 of the Constitution; that this ap..Category: Constitutional Law | Date: | Hits: 114
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......stablished under the Ordinance No.3 of 1968, Ordinance No.9 of 1969 and Act 2 of 1969 shall stand dissolved. In clause (c) of section 23 it has been provided: "(c) all assets, rights, powers, authorities and privileges and all properties, movable and immovable, cash and b..Category: Employment/Service Law | Date: | Hits: 82
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......s stating, inter alia, that the lands shown in the schedule attached to the respective writ petitions are their ancestral property, that they inherited the lands claimed by them and that record of rights have been prepared in their names, that in L.A. Case No. 17 of 1957-58 land measuring 139.01..Category: Property Law | Date: | Hits: 56
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......bpur Police Station Case No. 06 dated 03.01.2003 under section 5(1) of the Nari-O-Shishu Daman Ain, 2000 mentioning the names of the petitioners as alleged victims in violation of their fundamental rights, rights to liberty, freedom of movement, right to protection of law and right to be treated ..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......larly situated have been discriminated and can not be treated differently and is repugnant to the equality doctrine and under like circumstances and conditions should be treated alike both in their rights and privilege. 12. From the above discussion and the facts and circumstances of the c..Category: Employment/Service Law | Date: | Hits: 104
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......e order of the then President allegedly framed the rules. The appellants herein challenged and impugned Rules 5(1) and sub-rule (2) of Rule 8 as those being discriminatory and affects the fundamental rights, of the appellants guaranteed under Article 26. 27 and 29 of the .Constitution and the a..Category: Employment/Service Law | Date: | Hits: 133
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
.... the 1st party at site on 31.08.1994 deposited samples of bricks and sands for laboratory test under intimation to the 2nd party. But unfortunately the 2nd party defaulted in their performance and contractual obligation by not supplying the site plan and working drawing and without these two mat......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..Category: Business or Commercial Law | Date: | Hits: 129
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......y recruiting eighty Class I Officers through the Public Service Commission. Respondent No. 3 challenged that advertisement in Writ Petition No. 66 of 1976 on the ground that it violated his vested rights, contained in the terms and conditions laid dawn in the Establishment Manual and Circular No..Category: Administrative Law | Date: | Hits: 180
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......se of his power under the aforesaid Article 49 could impose any condition and it is up to the convict to accept or not to accept the condition and the question of violation of fundamental rights by the imposition of condition particularly when the condition has been proposed by the convi..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......l Gazette, and on such withdrawal, the property shall be restored to the possession of the owner, and with effect from the date of such restoration, the property shall vest back in the owner with the rights which he had before such property was acquired. 15. Thus it is clear that after payment o..Category: Property Law | Date: | Hits: 32
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. ...... land. Record of right was not prepared in the name of Sarbanu but it was prepared in the name of Hamijuddin who had no possession in the entire suit land. Hamijuddin collusively got the record of rights prepared in his name and there is no basis for R.S and S.A record. Hence the suit. 3. ..Category: Property Law | Date: | Hits: 25
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ......r the information of assessors and officers, and intended to promote method, system, and uniformity in the modes of proceeding, a compliance or non-compliance with which does in no respect affect the rights of tax-paying citizens. These may be considered directory. Officers may be liable to legal an..Category: Civil Law | Date: | Hits: 125