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Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......e statements made in paragraph No. 4 of the writ-petition are not correct. 4. Md. Abdul Jabbar, the learned Advocate appearing for the petitioner, submits that the Government has ample power to curtail any area and create a new area and a Nikah Registrar may be appointed in the newly...... Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1188 of 2005. (From the judgment and order dated 07-12-2004 passed by the Hig......submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ..Category: Civil Law | Date: | Hits: 81
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ...... the father is alive and free from defect. Upon his death, the property in the sons arises, and with it the right to a partition' (ss. 273, 275)3. A father under Mitakshara law has no such power over joint family property. He cannot dispose of it, not even his own interest there&sh......d, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. Th......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
....t Petition No. 4388 of 2003 discharging the Rule. 2. Short facts are that the 60 writ petitioners by filing 6 writ petitions challenged their orders of promotion on the ground that the financial benefit given to them by way of basic pay in respect of the promoted post does not c...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... Matin J Md. Ashrafuzzaman & others…............Petitioners Vs. Bangladesh Chemical Industries Corporation & others…...Respondents Judgment October 2, 2007. Lawyers Involved: Md. Zahirul Islam, Advocate-on-Record-For the Petiti...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....her of the defendant No. 1 used to possess the suit land because the defendant No.1 had been living in the town for carrying on business. The defendant No.1 came back to his village home and with the financial assistance of his father built a house in the suit land and has been living there with his...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......ed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 3-8. Not represented-For Respondent Nos. 2, 9-12. Civil Petition for Leave to Appeal No.1094 of 2006. (From the judgment and order dated 24.04.2006 passed by the High Court...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......of the case land together with 10% compensation money. 5. The pre-emptee petitioners entered appearance wherein opposite party No.1 also represented opposite party No.2 on the strength of a power of attorney in his favour; they filed written objection denying the allegations of preem...... This Case is also Reported in: VI ADC (2009) 203. ......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......Not Represented-Respondent Nos.1-14, 16-49 (In Civil Petition No.1204 of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 passed by t......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance 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) 186. ...... decree. Moreover, the evidence as adduced by the P.W.'s do not support that the plaintiff are in possession in the property. The decree in question was passed long before the execution of the power of attorney deed. It is clear that the plaintiffs have hopelessly failed to prove their case ......, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, 2005 passe...... substance 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) 186. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ofits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral security in favour of the plaintiff bank and also executed and registered separate power of attorney. Over and above, the defendants deposited the memorandum, title deed, affidavit,......awab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005 passed by......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....ustodian of Evacuee Property, Lahore, in revision. The learned Custodian, by order dated the 14th March, 1949, raised his share from 1/3rd to 19/28. 3. It appears that Respondent No. 2 was in financial difficulties. He entered into an agreement with respondent No. 1 for the sale of 366 Kanal......ed by the Custodian under section 19, then no further sanction under section 20 of the Pakistan (Administration of Evacuee Property) Act, 1957, was required. (iii) to invest the Custodian with the powers to withhold his consent after according permission and to render the sale nugatory which had ......nts Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....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. ......he time of execution and registration of the disputed sale deed. But Section 96 of the State Acquisition and Tenancy Act having not provided relief for such circumstances it is not within the power of this Court to mitigate such hardship. 7. The High Court Division on considera......b Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, 2005 passe......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)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......06 challenging the vires of the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 promulgated by the president in exercise of his Rule making power under Article 133 of the Constitution and issued by the Ministry of Establishment amending Ba......c of Bangladesh & another .........Appellants (In Civil Appeal Nos. 114 of 2008) Vs. B. M. Muhibur Rahman & others........ Respondents (In both cases) Judgment October 30, 2008. Cases Referred To- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19; Sk. ......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......he basis of the subsequent SRO dated 16.8.1988 and obtained rule nisi. 3. The appellant, collector of Customs, contested the rule contending that the Government in exercise of its delegated power of legislation under section 25(7) of the Customs Act fixed tariff value by making S.R.O...... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Collector of Customs, Customs House, Chittagong and others……Appellants Vs. M/......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......ppointment of Mutwalli. The petitioner was appointed Mutwalli on 03.06.1996 for a period of five years and its term expired on 05.06.2003. It also appears from the record that the Administrator has power to appoint Mutwalli under the law and the Administrator has the right to do so and if there i...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases R...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......thin and partly outside the limits of any particular port and for charges for services rendering to the port authority or to any official and that the port authority was empowered to detain the vessel for non-payment of tolls, dues, rights, charges or penalties payable u...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......ppears that the trial court examined and compared the signature of the executant in the kabala dated 01.01.1987 with the admitted signature of the plaintiff petitioner in exercise of its power under Section 73 of the Evidence Act. 12. The trial court held that signature appearin...... Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1589 of 2006 (From the judgment and order dated 14.05.2006 passed by the High......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ..Category: Property Law | Date: | Hits: 21
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....he learned Counsel for the petitioners in all the cases and perused the impugned judgment and other connected papers. 5. In this case 306 employees of the TCB have been released on payment of full financial benefits as per rules from their services on the ground that their services were no longer......nter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that the Government reduced the manpower of TCB from 541 to 235 and thus to release 306 employees and this was a policy decision of t......order under Memo No. BAM/OBA-3/PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No. 4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have been discharged from......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ...... aforesaid matters or situations. In the case of Government of Bangladesh Vs. Ashraf Ali and another reported in 49 DLR (AD), 161 it has been held that the High Court Division while exercising its power under certiorari in connection with the judgment of an 'inferior tribunal' is not within its ......AD), 166; Asma Begum Vs. Bangladesh and others (2001) 21 BLD (AD), 134; Mostafa Kamal Vs. First Court of Settlement and others 48 DLR (AD), 61. Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by Wahidullah, Advocate-on-record- For the Appellants. Dr. Rafiq...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......o-called special meeting held at the residence of authorized officer, respondent No.5. All the proceedings were done deploying police face at the instance of the local MP belonging to the party in power in a well planned evil political design and with the colourable exercise of the authority; th......or the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12. Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by the High ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......dings of Mortgage Suit No.33 of 1991 pending before the Artha Rin Adalat, Chittagong. 3. In the meantime the petitioner appeared in the above matter (Writ Petition No.2727 of 2000) by filing power through their respective lawyer and ultimately on 11.01.2004 by judgment and order passed by......r. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed by the High......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......derived by the accused by the commission of the offence and may also order confiscation of the whole or any part of the property of the accused to the Government." 20. It is true that the power to confiscate was added by Ordinance No.6 of 1978 by section 8 thereof but fact remains that i......ppeal Nos. 1-2 of 2001) Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant (In Criminal Appeal No.3 of 2001) Zahurul Islam Mukul, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In all the a...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
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