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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. ......ng the above submissions held that the writ petitions are not maintainable observing as follows:- "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement, of fundamental rights, guaranteed by th......oyees of his cadre and grade in the Supreme Court of Bangladesh and those in the Ministry were given pay scale of Tk. 1475-3150/- with effect from 01.06.1991 and the scale of pay was enhanced both for the employees of the Supreme Court and those in the Secretariat to Tk.2250/- with effect from 1......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. ..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. ......There is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles; (c) It must be presumed that the legislature understands and correctly apprecia......the classification may reasonably be regarded as based, the presumption of Constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain individuals or corporations to hostile or discriminating legislation………...... 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. ..Category: Employment/Service Law | Date: | Hits: 133
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......from a simple heba (gift) is as good as a sale deed having all the ingredients of a sale deed and as such we do not find any merit in the submission of Dr. Rahman. 10. It is the settled principle of law that nothing short of a decree of a competent civil court can undo a registered i...... Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed b......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......ns assigned by the trial Court, has reversed the judgment passed by the trial Court. The findings recorded by the Court of appeal below are supported by evidence on record and are based on correct principle of the appreciation of evidence. It found no illegality in the impugned judgment tha......mmad Nawab Ali, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 Not represented-Respondent Nos. 3-82. Civil Petition for Leave to Appeal No. 164 of 2006. (From the judgment and order dated the 6th day of Decem......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the Hig......hy;tan. It is the case of the respondent that while said Mr. SM Hasan was owning and possessing the property in question he, on August 1,1973, entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,000 executed a deed of agreement......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..Category: Property Law | Date: | Hits: 32
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... 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. ...... 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. ......Referred To- 51 DLR 72. Lawyers Involved: Ajmalul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the ......ntained in the Schedule Act. It has lastly, been submitted that the issue as to legality of cancellation of the petitioner’s IP Licences is sub-judice, that is to say, before the Judge or Court for determination at the time of hearing of the instant Writ petition and delivery of the impugned judgm..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ...... was given to respondent No.2 to defend his case before the inquiry committee. Lastly, the learned Advocate submits that the learned Judges of the High Court Division misapplied the principle of law decided in the case of Bikash Ranjan Das vs. the Chairman, 2nd Labour Court, Dhak......e appellant company to re-instate the respondent No. 2 in his service with 10% back wages and attending benefits. 2. The respondent No.2 as complainant filed complaint Case No. 124 of 1987 before the 1st Labour Court Chittagong, stating, inter alia, that he was a permanent worker of the a......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..Category: Labour and Industrial Law | Date: | Hits: 117
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......t Division in the earlier Writ Petition Nos. 1489 of 1991 and in the judgment of writ petition No.488 of 1994. 12. In reply the learned Additional General submits that it is the established principle of law that disputed question of fact can not be decided in writ petition as observed by ......on 15.01.1971. The respondent along with the numbers of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong long before the liberation of Bangladesh and also from 15.01.1971 when the declaration of gift was made. A......he case properties having not been decided by either the Court of Settlement or the High Court Division in Writ Petition Nos. 1497 and 1489 of 1991 and the said two forums being not the forums for determination of title in any case, and, following the judgment of the High Court Division in the t..Category: Property Law | Date: | Hits: 46
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. ......t as it appears no case of adverse possession was made out in the pleading and was proved and the plea of adverse possession has been raised for the first time before this court. It is the settled principle of law that the plea of adverse possession must be specifically pleaded in the pleading a......e judgment and order dated 04.04.2004 passed by the High Court Division in Civil Revision No. 899 of 1998). Judgment M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 04.04.2004 passed by a Single ......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. ..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ......remand for assessment of compensation afresh of the acquired land during twenty four months proceeding the date of service of notice on 30.10.1965, is not legal and the same is against the settled principles of law as laid down in the decision reported in 23 DLR (SC) 25, 27 DLR(AD) 65 and 29 DLR......rbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of noti......the (Emergency) Requisition of Property Act, 1948 and such requirement was mainly intended to bring to an end to the requisitioned proceedings and has got nothing to do with the mode and manner of determination of the price of acquired land, misinterpreted the relevant provisions of law and came..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ...... 4. We have heard the learned counsel the impugned judgment and order and the connected papers. 5. As it appears the High Court Division made the Rule absolute holding that in terms of the principle laid down in 17 BLD (AD) 118, once a building is included in either list of abandoned bu...... Petition No. 848 (B) of 2002). Judgment Md. Tafazzul Islam, J.- This petition for leave to appeal is directed against the judgment and order dated 15.5.2006 of the High Court Di......t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......f Property Act will not be attracted in this case rather the Section 95(4) and (5) of the State Acquisition and Tenancy Act shall apply. 7. This Court in the impugned judgment reiterated the principle of law enunciated in the case of Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, ......y Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 90 of 2007. (From the judgment dated 15.05.2007 passed by the High Court Division in Civil Petition for Leave to Appeal No. 885 of 2005). Judgment &n......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..Category: Property Law | Date: | Hits: 41
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly 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. ......aintiff-respondent and after the death of the said defendant, his heirs, the present leave petitioners were duly substituted. It was conÂtended that the suit was barred by limitation and also by the principle of res judicata. It was asserted in the written statement that defenÂdant No. 1 took mont...... Court Division in Civil Revision No. 1874 of 1993 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 214 of 1973 which was subsequently reÂnumbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the......ing the Rule absolute and the same accordÂingly 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
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... 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. ......Constitution and that the High Court Division assumed the jurisdiction to consider the case of the writ petitioner, as a whole and made the Rule Nisi absolute in its entirety in conformity with the principles laid down in the said Mujibur Rahman's case wherein their Lordships held that 'a person......er, a Magistrate exercising judicial function was removed from the services on the basis of a proceeding under Government Servant (Discipline and Appeal) Rules 1985 upon its finding of guilt but before passing the order of compulsory retirement of service, the authority should have consulted wit...... 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
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......case is highly improbable as the respondent, the husband of the victim, miserably failed to explain as to how his wife died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidence having been clearly laid down there had be.......1991 passed by the learned Sessions Judge, Sirajgonj in Session Case No.14 of 1990 convicting the respondent under section 304, Part-1, of the Penal Code and sentencing him to suffer imprisonment for 10(ten) years and to pay a fine of Tk.75,000/- in default to suffer rigorous imprisonment for t......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......rers in the suit; there being defect of parties the suit was not maintainable; a decree for permanent injunction can not be passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Ru......43 BLD (AD) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by t......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....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. ...... consultation with the Finance Department". Accordingly all departments and directives were requested to take up in question of 50% of the work-charged establishment into regular establishment on the principles laid down therein in consultation with the Finance Department. 10. Subsequently, the ......eing a work-charged employee in a project the appellant 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 ......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)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......r Class Appeal No.30 of 2002 and the learned District Judge, Bogra, after hearing, dismissed the appeal holding that no notice to show cause was issued before suspending the plaintiff and thereby principles of natural justice was violated and the charges leveled against the plaintiff were also ......k Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Div......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....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. ......pellate Division held that "the usual and well settled practice is that a criminal proceeding can only be quashed after cognizance has been taken a process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercise and only to prevent th......……………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceed......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
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... 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. ......ocate-on-Record has further submitted that the High Court Division on misconception of fact of the instant case has failed to apply the decision in the case reported in 19 DLR 255, contrary to the principle of autrofois acquit i.e. as the appellant shall not be allowed to be tried twice for the ...... of the People's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should...... 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
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