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Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
....d by the respondent Co. without the consent of the plaintiff-petitioner. It was alleged that the terms and conditions in the draft agreement which were earlier approved by the plaintiff being deleted some new conditions had been included by the defendant Co. by practicing fraud. 3. The defendant-......pondent. 11. It appears that the draft agreement purported to have been made has not been produced before any courts. The plaintiff further asserted that after the fraud was detected the plaintiff called the defendant-respondent and after discussion with the consent of the defendant a "ঘোষà......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 41
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....nment of Bangladesh, represented by the BTTB and the duration of the agreements was for five years, that on the basis of the Subscription agreements the Company was using the VSAT connections for its software development and export business, that the Company filed application for the grant of ISP li...... 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. ......ld an inquiry and that in the notice issued in connection therewith it is not necessary to state in the notice in detail the allegation to be investigated, that offence of misappropriation or causing loss is a scheduled offence, that sub-section 2 of section 3 of the Act empowers any officer of the ..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....ssed from service or otherwise why disciplinary action shall not be taken against him. The allegation made in the charge-sheet was of misconduct for making excess payment of Tk. 57,630 to casual assorters causing serious loss to the appellant company. The respondent No.2 submitted explanation de......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. ......erwise why disciplinary action shall not be taken against him. The allegation made in the charge-sheet was of misconduct for making excess payment of Tk. 57,630 to casual assorters causing serious loss to the appellant company. The respondent No.2 submitted explanation denying all the allegation..Category: Labour and Industrial Law | Date: | Hits: 117
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....ns Case No.142 of 1993 by the learned Additional Sessions Judge, First Court, Mymensing convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk.5,000/- each in default to suffer rigorous imprisonment fo...... about marks of any burn injury on the body of the deceased. 3. The learned Counsel upon referring to the evidences of P.Ws.1-4 has submitted that these witnesses did not say that victim was called from his house by the petitioners. He has also referred to the fact that mother and full br......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....s purportedly acquired by the respondents under Section 93A of the Town Improvement Act, 1953 in Special L.A. Case No.8 of 1964-65 for setting up a Rehabilitation Zone for rehabilitation of the persons affected by the Scheme of Uttara Model Town. No notice was served on the appellants. Possessio......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. ......in which the appellants claimed (a) TK.115,75,00,000.00 as compensation for 11.5750 acres of bhiti land (b) TK. 57,87,50,000.00 as statutory compensation of 50% (c) TK. 3,22,05,000.00 as recurring loss for permanent acquisition (d) TK. 50,00,000.00 for severance cost (e) TK. 80,000.00 for ..Category: Property Law | Date: | Hits: 37
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....y qualified man and he was the former Member of parliament from Comilla-9 constituency and he is the founder of Lotus Kamal group one of the largest corporate business houses of the country. He was also elected as CIP five times from 1990 to 2001. 6. Immediately after receiving notice at Sylhet ......urpose of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the thing when done are called imperative (or mandatory); but those which are not essential, and may be disregarded without ......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. ..Category: Civil Law | Date: | Hits: 125
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....up to fall into a head-on collusion with a Tractor Trolly bearing No. Faridpur-E-94 of Modhukhali Sugar Mill causing death of two Police Constables and one Cook of the Police Department and also seriously damaged the vehicle causing loss of Taka 1,15,000 to the Government. 3. Wi......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......actor Trolly bearing No. Faridpur-E-94 of Modhukhali Sugar Mill causing death of two Police Constables and one Cook of the Police Department and also seriously damaged the vehicle causing loss of Taka 1,15,000 to the Government. 3. With the aforesaid allegation as detailed in th..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....In order to improve his efficiency he got admitted into the Institute of Transport, an institution incorporated by the Royal Charter in 1926 and after 4 years of his study he passed the Associate Membership Examination in May, 1961 and he was given the Associate Membership of the ......l and without jurisdiction. 3. Upon the said application to the Deputy Commissioner (Rev.) Sylhet Miscellaneous Case No. 40/2001-2002 was started and the Additional Deputy Commissioner called for a report from the Assistant Commissioner (Land), Sylhet, Sadar upon inquiry and the inqu......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..Category: Property Law | Date: | Hits: 54
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... the gazette notification dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petit......ed the case property during the relevant period. It also appears from the record that the case property is an abandoned property. In this context Article 14(1) of the PO No. 16 of 1972 may be called in aid. Article 14(1) of the order provides that an property vested in the Government under ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..Category: Property Law | Date: | Hits: 23
Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
....ul Karim J MM Ruhul Amin J Abul Kalam Azad.........................Petitioner Vs. Bangladesh Government Primary School Teachers Association and others… ……………..Respondents Judgment ...... without being a teacher of any Primary School he declared himself as the President of Bangladesh Primary Teachers' Association. But he could to show any resolution as to the framing of the so-called constitution of the Association. The High Court Division further found that as many as thre......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ..Category: Civil Law | Date: | Hits: 83
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the decree dated 17-5-1971 passed in Title Suit No. 94 of 1971 and another ......Nos. 7-8 they could not be successful and the defendant Nos. 31 and 32 also failed to obtain municipal plan in their favour and the defendant No. 9 also did not put them into possession and the so called solenama between the plaintiff and the defendant Nos. 31-32/42-44 is false and the defendant...... 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: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....Islam J. - This petition for leave to appeal is directed against the judgment and order dated 3-4-2005 of the High Court Division passed in Writ Petition No. 5350 of 2004 discharging the Rule and also vacating the order of stay. 2. Brief facts are that the petitioner filed the above writ ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......nt. The petitioner and the respondent Nos. 4-8, contested the above suit and filed written statement contending that due to continuous political unrest like hartal, etc, the company sustained heavy loss and that the bank gave loan of Taka 1,40,00,000 to the company but claimed decree for Taka 2,..Category: Civil Law | Date: | Hits: 103
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....iban Bima Corporation and over that suits were filed by both the parties. In the afore state of the matter the authority took decision to get the dispute between the petitioner and the Respondent resolved by a sole Arbitrator and following that decision sole Arbitrator was appointed and finally s......delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......to the learned Advocate-on-record not to proceed with the petition for leave to appeal and that because of the dismissal of the petition for leave to appeal the petitioner has suffered irreparable loss and injury and as such it is necessary to set aside the order of dismissal and to restore the ..Category: Procedural Law | Date: | Hits: 71
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
.... no-confidence typed proposal was accepted in that meeting and requested the Upazila Nirbahi Officer, Kotiadi to take necessary steps and the Upazila Nirbahi Officer, Kotiadi after receiving the resolution dated 31.07.2004 appointed the Upazila Education Officer, Kotiadi as authorized officer on......sition stating, inter alia, that the authority after receiving no-confidence proposal of 10 Members of the said Union Parishad appointed Upazila Education officer, Katiadi as authorized officer who called special meeting of the said Union Parishad and asked the petitioner to be present in the spe......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..Category: Others | Date: | Hits: 91
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....storation of the Administrative Appellate Tribunal Appeal No. 128 of 2000 which was dismissed for default upon observing "We find the application for restoration has not been filed within a reasonable period i.e. 90 days from the date of dismissal of the appeal. It is the usual practice of ......or the negligence and laches of the party, in our opinion, would amount to give premium to the negligence and laches of a party before the Tribunal and causing injustice to the other. 6. We called upon the learned Deputy Attorney General to place the judgment of the Administrative Tribuna......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ..Category: Administrative Law | Date: | Hits: 95
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....p; Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment dated 6.7.2004 of a Single Bench of the High Court Division in Civil Revision No. 2499 of 2003 making absolute the Rule obtained against the judgment and decree dated 29.10.2002 passed by learned Distri......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. ......mended seeking relief against dismissed, the suit is maintainable; in the inquiry report the plaintiff was found to be guilty for negligence of duty and though the defendant bank suffered financial loss because of such negligence of duty but charge framed against the plaintiff does not come withi..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....llotted the said 4 plots as industrial plots to 4 private establishments namely M/S. Romaz Ltd, M/S. Huq's Bay, Abedin Garments Ltd. and M/S. Bontis Ltd. at the rate of Tk. 20 lac per bigha though if sold as commercial plots the above land would have fetched Tk. 25 lac per katha and calculated in th......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. ......bedin Garments Ltd. and M/S. Bontis Ltd. at the rate of Tk. 20 lac per bigha though if sold as commercial plots the above land would have fetched Tk. 25 lac per katha and calculated in that context a loss of tk. 9.40 crores occasioned to the Government and Barrister Md. Rafiqul Islam Miah in collusi..Category: Anti-Corruption Laws | Date: | Hits: 152
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....dated 29.7.99 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 t......owners of a portion of the case land by purchase by registered kabalas and proÂduced documents showing purchase of 0.825 and 1650 acres of land and in the aforesaid cirÂcumstances S.D.O Dhaka Sadar called for a report from the C.O. (Rev) Tajgaon about the nationality of Jogesh and Mrinalini and th......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)
....by leave are directed against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts ...... favour of Abdul Barek Bepari and Muslim Bepari and after the death of Nasiruddin his heirs continued to stay on the land and in the building. On 17.11.1990 the Chairman of the local Union Parishad called the present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basi......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
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....of 21 decimals of land in Khatian No.30 (old) and out of the same he transferred 8 decimals of land to one Paresh Chandra by registered kabala dated 30.3.1963 and on the same date Bondi Ram also transferred 8 decimals if land to Bachcha Mahmud and Bel Bewa; on 29.4.66 Bachcha Mahmud sold 4 ......on reading and non consideration of evidence and the materials on record and/or any other illegality or infirmity 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 ......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
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