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Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......nd the United Kingdom. On 07.07.2009, the Embassy of the Kingdom of Saudi Arabia in Dhaka issued a visa to the respondent No.1 which allowed him dual entry into Saudi Arabia and to remain there for a period of 30 days upon each entry. Although, his diplomatic passport expired and as such was cancell..

Category: Others | Date: | Hits: 115

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......xistence of any organisation in such name. The writ peti­tioner has been holding the post of the President of the Samity since 1993, and he was elected for the second term on 17th March, 2007, for a period of two years, the tenure of which would expire on 17th March, 2009. While the writ petitioner..

Category: Constitutional Law | Date: | Hits: 107

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......of the Section (S.36) is that the sale in a certificate proceeding for non-service of notice under section 7 is valid against whole world for all times, and as against the certificate debtor, after a period of one year, from the date of deliv­ery of property to the purchaser, if no pro­ceeding for..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... 54 of the Code, according to him, is totally unwarranted. He has submitted that arrest of a person under section 54 of the Code without warrant for the purpose of giving him detention for a specific period under the Special Powers Act, 1974 is totally unlawful. 7. The learned Attorney‑General ..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd 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: 15 BLC (AD) (2010) 140. ...... the respondent No.1 in Criminal petition No.75 of 2009 to suffer imprisonment for life and to pay a fine of Taka 50,000 (taka fifty thousand) only, in default to suffer rigor­ous imprisonment for a period of l(one) year more, rejecting the Death Reference and allow­ing the appeals and jail appeal..

Category: Others | Date: | Hits: 93

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......itted from 1971 to June 2007 and thus, there is violation of section 234 of the Code of Criminal Procedure. The last point was raised is that the trial having not been concluded within the prescribed period of limitation the continuation of the proceed­ing is a sheer abuse of the process of the Cou..

Category: Anti-Corruption Laws | Date: | Hits: 195

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......s that any person aggrieved by an order passed by the corroboration or any officer in pursuance of the said ordinance or rules or by laws may prefer an appeal to the pre­scribed authority within the period of lim­itation and any order passed in the appeal shall be final. If the appellant has got a..

Category: Property Law | Date: | Hits: 29

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......by the alleged registered deed in favour of the appellants are collusive, illegal and null and void and as such the question of limi­tation does not arise and the suit was filed very much within the period of limitation. 10. From the careful perusal of the impugned judgment and decree passed..

Category: Property Law | Date: | Hits: 29

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......r exemption but the appel­lant did neither grant the desired exemption nor gave any reply to the above application and on the other hand started Money Execution Case No. 151 of 1992, even though the period of filing the same expired, claiming TK.2,99,12,751.90 from the respondents and then attached..

Category: Banking Law | Date: | Hits: 98

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. ...... that there are 2 systems available in respect of lease of the fishery. One is through tender process for 3 years under pile scheme and another is through negotiation under devel­opment scheme for a period of 4-10 years in Case of those fisheries which are above 20 acres. 4. The fishery name..

Category: Property Law | Date: | Hits: 26

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

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......the respon­dent No.2 published an advertisement on 01.09.2001 in the "Daily Ittefaq" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (nine­ty nine) years as abandoned properties including building, structure, tree etc. ..

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....... application to the authority, namely the Chairman of Bangladesh Water Development Board on 17.06.1995 claim­ing all benefits to which he was entitled as a permanent and regular staff for the entire period he served till the date of his retire­ment. But the authority namely the Bangladesh Water De..

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. ...... with a cost of Tk. 3,000/-. Hence this leave petition. 7. It was submitted that in a slip shod man­ner without noticing that alleged genealo­gy in the plaint was incomplete as it was to cover a period over a century and that the impugned judgment of the lower appellate Court was not a proper j..

Category: Property Law | Date: | Hits: 33

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

.... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......payment of arrear gratuity after deduction of Tk. 73,791/42. Hence, was the case. 3. The case of the appellant-opposite party was that the petitioner retired from service on 5.1.2002 after the period of his LPR from 05.01.2001 to 04.01.2002. The Audit Department raised several audit objection..

Category: Employment/Service Law | Date: | Hits: 67

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. ......n use of the its trade mark since 1996 and the respondent No.1 applied for registra­tion in November, 1 996 and the petitioner has applied for registration in February-September, 2000 and during the period from 1996 to 2000 both the parties were carrying on their business in the market with their r..

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

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

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......respective appeals between 8th of February, 2000 and 18th of February, 2000. The effective date of the contract so signed by the respective Pre-shipment Inspection Agency was 15tn of February and the period of contract was for 36 months. In the tender document the bidder in its financial proposal wa..

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

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. ....... 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoregonj while issuing the Rule granted anticipatory bail for a period of 6(six) months. 3.  Heard the learned Additional Deputy Attorney-General for the pe..

Category: Others | Date: | Hits: 81

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

....icate for taking final decision regarding his appointment in view of the complaint made by an Associate Professor. The Syndicate formed an inquiry committee but failed to submit any report within the stipulated time. As a result, the Syndicate formed another committee, which after discussion, took t...... 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...

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. ......the State Government or the Union Territory of Andaman and Nicober Islands or to serve in any organisation, which is wholly or partly owned or controlled by the Central or the State Government, for a period of 3 years or for such period as the High Court and the borrowing department agree: Provid..

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....... file an application for adding him/her as an co-applicant with prayer for rateable pre­emption of the land within two months and is required to deposit the amount, as may be ordered for, within the period allowed by the court and such provision is mandatory inasmuch as this special provision of la..

Category: Property Law | Date: | Hits: 63