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Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

.... on appeal and the appellate Court affirmed the judgment and order of the trial Court on the finding that pre-emptee having become the co-sharer of the holding on the death of her husband Babor Ali prior to the filing of the Miscellaneous case, the prayer for pre-emption is not sustainable in la...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ..

Category: Property Law | Date: | Hits: 55

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......nbsp;the nationality of Bangladesh.  The  Court  of Settlement  further observed that, in fact, the respondent No. 1 started claiming the property and applied to the Secretary, Ministry of Works  in the year  1983  and the application claimed to be of the year ..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ed in section 3 of the Act and the BTRC is the sole and exclusive authority to grant such license necessary for the purpose in the manner as provided in the Act and no separate licence from the Ministry of Information would be necessary for the matters mentioned in section 3 of the Act", ina..

Category: Information Technology Law | Date: | Hits: 266

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ...... ..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......urt Appellate Division (Civil) Present : Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. ..

Category: Property Law | Date: | Hits: 72

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......m (Joint Venture of three companies) and (3) Joint Venture between Karnaphuly Ltd Bangladesh, HRC, Bangladesh Ltd. and Telecom Foundation of Pakistan. That on inspection of Post and Telecommunication Ministry file No. PT/Shakha 5/4-6/98(Part-3), it has been found that a decision was taken by the Min..

Category: Anti-Corruption Laws | Date: | Hits: 89

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md...

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....n were wrong in assailing the validity of the order of revisional authority upon consideration of the finding in the criminal case in that the revisional authority decided the case on 12-3-1988 prior to the judgment of the Special Tribunal passed on 22-5-1988 and the decision of the Tribunal...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......resent: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangla­desh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants ..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....nstrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the lease-deed. No prior notice having given upon the writ petitioners before cancellation of the registered deed of se......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ....... The Rules in all the writ-petitions were issued calling upon the leave-petitioner writ-respondents to show cause as to why the cancellation of the settlement made by the respondent No.1, Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh and conveyed by Annexure-..

Category: Property Law | Date: | Hits: 77

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

.... by the inmates of the house. It was also the prosecution case that Taka 1,80.000 was paid as dowry to the condemned prisoner but still then the condemned prisoner was not happy and about one month prior to the date of incident the condemned prisoner kicked in the abdomen of the victim who was a......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 59

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......bsp; Md. Hamidul Haque J   Md. Tafazzul Islam J   Abdur Rashid Mollah.....................Appellant   Vs.   Bangladesh, represented by the Secretary, Ministry of Works and Urban Develop­ment and another..........................................Respo..

Category: Property Law | Date: | Hits: 108

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....pinion that there is good ground for proceeding against the accused then only the authority shall appoint an Inquiry Officer to inquire into the allegations made against him but in the present case prior to such consideration as provided above the Inquiry Officer was appointed and further the re......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 113

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ead with section 5(2) of the Prevention of Corruption Act, 1947 against her. She surrendered before the Court on 20-11-1994 and was enlarged on bail. The respondent No.2, a Deputy Secretary of the Ministry of Women and Children Affairs, then by his impugned memo dated 19-12-1994 discharged her f..

Category: Administrative Law | Date: | Hits: 128

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....uninterrupted growth and experience. Development of local institutions in England and Wales may be traced back continuously to the shires, hundreds, boroughs, cities or townships of the two centuries prior to the Norman Conquest. Since then the system underwent changes and re‑organisation on many ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......nullah………………………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-opera­tive, (Local Government Division), G..

Category: Constitutional Law | Date: | Hits: 655

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... Tender Document or in the Agreement dated 26.1.87 or in the Schedule of work annexed to the work order dated 16.1.87. Nevertheless it is also clear that the Engineering Consultants of the University prior to the floating of the tender estimated 42,60,000 cubic feet of earthwork to be involved in th...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..

Category: Alternative Dispute Resolution | Date: | Hits: 202

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......on the involved and concerned officials/employees who had granted permission to transfer inspite of receipt of allegation from the Co‑ordination and Control Cell against the allottee. The Ministry should be apprised of the facts to take action against the delinquent officials/employees..

Category: Property Law | Date: | Hits: 110

State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)

....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......on (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh...................  Appellant. &..

Category: Criminal Law | Date: | Hits: 93

Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD

.... Government Rules. There is nothing on record to show that the Government Rules were adopted by the Corporation under any notification in the Gazette as required by Article 25 of PO No. 27 of 1972 prior to the date of the impugned order. The fact that the notification was issued on 14 July, 1990......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......y recommendation as to punishment or otherwise. Further, the Instruction is that an enquiry shall be completed within the specified period. A copy of that Circular Instruction was forwarded to the Ministry of Jute. From this general instruction Khondkar Mahbubuddin Ahmed has tried to show that t..

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

Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)

....ersigned Mr. Saleh Ahmed of 74, South Bashabo as our representative to keep close touch with you in respect of this consignment and to take delivery of goods from your Khulna Branch against our prior payment on prorate basis." 4. The plaintiff sent his afore‑mention......ter dated 10.9.77, Ext. E, the plaintiff requested defendant No. 2, the Deputy General Manager of Sonali Bank's Local office at Dhaka, to send the shipping documents to the Bank's Khulna Branch for clearance with the following detailed instructions: "As discussed with you t......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Shamsur Rahman, Deputy IG of Prisons, Dhaka Central Jail, Dhaka Vs. Tahera Nargis Syed & another, 1991, 20 CLC (AD)

....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly. The appeal is disposed of in the aforesaid terms. Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly. The appeal is disposed of in the aforesaid terms. Ed.......ected the release of the detenu at once; that the said order was communicated on 20.2.89 to the appellant and others but a fresh order of detention passed by the Assistant Secretary (Security) of the Ministry of Home Affairs was served upon the detenu on 20.2.89 inside the jail; that the respondent ..

Category: Criminal Law | Date: | Hits: 88