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Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....nditions. The review petition was reject­ed by Memo, dated 13-1-94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equiva­lent to the position he was holding at the time of his removal. The respondent's batch mates numbering 25 were holding the post ......urt Appellate Division (Civil)  Present:  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J  Bimalendu Bikash Roy Choudhury J  The Government of Bangladesh rep­resented by the Secretary, Ministry of Establishment……………… ..

Category: Administrative Law | Date: | Hits: 138

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....filed written objec­tion in the above mentioned miscellaneous case denying the contentions of the Defendant Petitioner. The learned Assistant Judge after hearing the parties dismissed the case holding that the defendant was not prevented by suffi­cient cause from appearing when the case ......Court Division by judgment and order dated 15.02.1999 made the Rule absolute after setting aside the judgment and order of the appellate court on the findings that the appellate court did not controvert the find­ings of facts arrived at by the trial court and there by committed serious error..

Category: Procedural Law | Date: | Hits: 84

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....respondent No.1 had knowledge of the transfer together with the notice under section 89 (4) of the State Acquisition and Tenancy Act. The High Court Division, however, allowed the pre-emption case holding that the notice under section 89 (4) of the State Acquisition and Tenancy Act was issued on......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..

Category: Property Law | Date: | Hits: 30

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....ladesh reported in 40 DLR (AD) 2006. So in View of our considera­tion of the materials on record and the laws we hold that the High Court Division has not committed any wrong and illegality in holding that the writ petition is maintainable. 14. We have considered the submissions made ......he further case of the writ peti­tioner that from the trend of counting of Dhaka votes it was clear that the candidates of the writ petitioners' panel were leading. Suddenly some people became over active at the Teachers Students Centre (TSC) when final results were to be announced after clo..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....s Judge also called for a certificate from the Head Master of Mozahar Memorial Madhayamik Biddalaya, Kaliganj, Satkhira for the purpose of ascertainment of her age. The Civil Surgeon submitted report holding that the victim girl was aged about 17½ to 18½ years. The petitioner then filed Criminal M......to her father observing that the observation made by a minor girl must be kept with reservation, it can not be a factor for not giving the victim to her father and accordingly it was directed to hand over the minor to the father. 9. In the case of Jharna Rani  Saha Vs. Khondker Zayedul Haque..

Category: Criminal Law | Date: | Hits: 34

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....rument Act has been made out. He submits that the High Court Division illegally quashed the proceeding. He further submits that the High Court Division without any evidence on record erred in not holding that mere intention of the accused respondent is bad in view of the fact that he took mo......land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration mo..

Category: Criminal Law | Date: | Hits: 45

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....shy;chief of Section 14 of the Building Construction Act, 1952 does not attract the instant suit land therefore, the High Court Division erred in law in setting aside the decree of the trial Court holding the suit as not maintainable; that impugned memo dated 06.04.1999 is ex facie, illegal and ......fic Performance of Contract and the suit being decreed, in Execution Case No.1 of 1998 a deed of sale was executed and registered in favour of the plaintiff who thereafter mutated his name in the Government sheresta and paid rents to the Government and in order to construct a multi-storied build..

Category: Property Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

....f the above contentions the learned counsel cited the decisions report­ed in 38 DLR 105 and 19 BLD 461. 4. As it appears the High Court Division rejected the above application summarily holding as follows:-  "We have heard the learned Advocate and perused the pet......rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..

Category: Criminal Law | Date: | Hits: 45

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 19.11.2003 passed by the High Court Division dismissing the Criminal Appeal No.878 of 1994 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessio......ation of the P.Ws. is that the convict appel­lant No.2 Dud Miah is not the owner but the 'Karmochari' of the shop of the convict appellant No.1 Misir Ali and no contraband Indian goods were recovered from the shop of the convict appellant No.1 Misir Ali. Their further defends is that the con..

Category: Criminal Law | Date: | Hits: 36

Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)

....ed in writ jurisdic­tion as held in the case of Khalilur Rahman (Md) vs. Govt. of Bangladesh & others, 25 MLR (AD) 80. 3. The High Court Division, after hearing, discharged the Rule holding that the writ petition is not maintainable. 4. As it appears in 25 MLR (AD) 80 it h......ul Islam J Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka &a..

Category: Property Law | Date: | Hits: 21

Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....etitioner having been deprived of being an inhabitant of a Pourashava due to exclusion of his area and the decision of the Government being discriminatory, the High Court Division is not correct in holding that there is no infringement of the fundamental right of the petitioner due to the action ......mad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Nekbar Ali………………………......Petitioner Vs. Government of Bangladesh and others……........Respondents Judgment Novembe..

Category: Property Law | Date: | Hits: 22

Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)

....amendments as sought are necessary for the purpose of determining the real controversies between the parties. 6. As it appears the High Court Division passed the impugned judgment and order holding that the original suit is for decla­ration of title simplicator and the proposed amendm......(2009) 219. ..

Category: Civil Law | Date: | Hits: 107

Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)

....atema Khatun. While the plaintiff was in possession of the suit land some miscreants tried to dis­possess him from the suit land when he filed an application before then Martial Law court which upon holding enquiry handed over possession of 1.20 acres of land under Dag Nos. 1123, 1124, 1126, 1127, ......efendants became owner of 88 4/5 decimals of land equally and Fatema Khatun became owner of 42/5 decimals of land. Mohammad Hossain, the predecessor of the defendants on an amicable settlement handed over posses­sion of 90 decimals of land under Dag Nos. 1123, 1124, 1126 and 1127 to the plaintiff, ..

Category: Property Law | Date: | Hits: 26

Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)

....f the tax payable against the imported goods. The respondent then moved Writ Petition No. 4500 of 2001 in the High Court Division wherein the rule was issued but ultimately the rule was discharged holding the same to be premature. The respondent thereafter unsuccessfully moved the Appellate Divi......payment of Tk. 2,14,50,715.00 on the ground that the corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby the Government was deprived of the tax payable against the imported goods. The respondent then moved Wri..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)

.... written statement on her behalf and the petitioner never admitted the right and possession of the prede­cessor of respondent Nos.1-4 and as such, the High Court Division committed an error in holding that the case of the peti­tioner was contested in the S.C.C. Suit; that as Civil Revisi......n the submissions of the learned Advocate-on-Record for our inter­ference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ..

Category: Civil Law | Date: | Hits: 94

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

.... had not confirmed the sale transaction and the contention of respondent No. 1's counsel is incorrect. 13. The question for consideration, therefore, is whether the learned Custodian was right in holding that the Additional Custodian had not confirmed the transaction. I have already reproduced t......f his title. The appellate order of the Additional Custodian allowing the transfer was made in September 1958, and it was not until August, 1959, that evacuee properties generally were vested in the Government by notification and so became available for transfer to claimant refugees and others. A Pr..

Category: Property Law | Date: | Hits: 28

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

.... the consideration with statutory compensation. 3. The petitioner contested the case by filing a "written objection denying the material allegation stating, inter alia, that the case holdings recorded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghos......­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..

Category: Property Law | Date: | Hits: 20

Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)

.... confir­mation in service and also for acquiring their eligibility for promotion to the senior scale they could not do so as the Government could not take any steps or make any arrangement for holding such departmental examination and the founda­tion training within the period of their p...... Md. Abdul Matin J Md. Ataur Rahman & others…..........Appellants (In Civil Appeal No. 113 of 2008) Bangladesh repre­sented by the Secretary, Ministry of Education, Government of the Peoples Republic of Bangladesh & another .........Appellants (In Civil Appeal ..

Category: Employment/Service Law | Date: | Hits: 122

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... 102 of the Constitution and obtained the present Rule. 3. Mahbubey Alam, learned Counsel, appearing for the petitioner sub­mits that the High Court Division Committed an error of law in holding that the petitioner if has any grievance against such appointment he could prefer appeal un......oner if has any grievance against such appointment he could prefer appeal under Section 43 of the Waqf Ordinance, 1962. The Decision of 28 DLR 333 was also cited in support of this contention; moreover, it also held that if a mutwalli is removed and he is aggrieved he can pre­fer appeal unde..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....out plan in the 1990s also keeps the open space and promises to keep the space open. 3. Dr. M. Zahir, the learned Counsel appearing for he petitioners submits that the High Court Division erred in holding that the effect of the lay out plan is to pre­vent public construction and not private cons......e petitioner's mother Mrs. Sukina Nigar Ali wife of Mr. H.T. Ali was allotted Plot No. SE(H)4 at Gulshan by the then Dacca Improvement Trust (DIT) in 1961 on 99 year's lease and possession was handed over to her on 29 July 1967. That the plot was gifted to the petitioner by his mother in 1970 and th..

Category: Property Law | Date: | Hits: 36