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Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
.... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ....... Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 236 of 2005. (From the Judgment and Order dated March 8, 2004 passed by the Hi...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......, to cancell the appointment of the plaintiff made by the Chairman, that the Secretary whose appointment as Chairman of the Zilla Parishad was only a stop gap arrangement was not invested with the power and authority of the Chairman of the Zilla Parishad in matters of appointment and cancellatio......the defendant No. 1 against the judgment of the. High Court Division dated February 1, 1999 in Civil Revision No.1182 of 1997 making the Rule absolute upon reversing the judgment and decree dated October 7, 1996 of the Court of Subordinate Judge (now Joint District Judge) Faridpur, in Title Appe......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......n the purview of clause (2) of Article 103 which provides for appeal to this Court as of right. Under the new dispensation the petitioners have only the right to seek leave for appeal. This Court's power under clause (3) of Article 103 to interfere in suitable cases where miscarriage of justice ......ent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th June, 198......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..Category: Administrative Law | Date: | Hits: 180
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......bsp; May 20, 2003. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order ...... May 20, 2003. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so pas...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ...... provision of Ordinance No. 54 of 1985 was duly issued and served before listing the property in question in the list of abandoned buildings. 19. The law is now settled as to the extent of power of the High Court Division while exercising jurisdiction in certiorari in respect of the judg......c of People’s Republic of Bangladesh.......... Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh v......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imports and Exports had acted merely under the direction of the Government without independent exercise of his power in accordance with Articles 6, 8 and 9 of the Importers, Exporters and Indentors (Registrati...... December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Export acted at the behest of the governm......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....nstitution in issuing the Memo, in question since the same has been issued only for the purpose of holding an inquiry about the allegation of mis-appropriation of government funds and thereby causing financial loss to the State, that the contention that the matter is sub-judice at the time of issuan......its limit asking a person to attend its office and to, furnish papers in connection of an inquiry. 7. The High Court Division while discharging the Rule has observed that section 3(2) of the Act empowers the Bureau of Anti-Corruption to hold an inquiry and that in the notice issued in connection ......o- 51 DLR 72. Lawyers Involved: Ajmalul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court...... 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. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......quo;s predecessor and the defendants Nos. 1-19 were included as plaintiffs. But, as a matter of fact, the said Khalilur Rahman alias Ibrahim Howlader predecessor of the plaintiff, never signed the power and the plaint; that he did not know anything about the suit; the signatures in the plaint an......vocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment ......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......d. He submits that the High Court Division committed an error of law, inasmuch as the High Court Division has erroneously taken the view that under section 26(2) of the ACC Act the Commission has the power to convict an individual who fails to submit a statement of assets, or submits a statement of ...... section 26(2) The Anti Corruption Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right g...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..Category: Anti-Corruption Laws | Date: | Hits: 144
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ...... of land of the suit plot but that will not bring the suit out of the mischief of section 14A of the Act. 14. The learned Attorney General lastly argued that in this court in exercise of the power conferred under Article 104 of the Constitution can do complete justice and dispose of the m...... Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. V......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....ctively, in default to suffer rigorous imprisonment for 3(three) months more, in each case. 2. In Civil Petition for Leave to Appeal No. 553 of 2007, the prosecution case, in brief, is that in the financial year 1991-92 a project for reconstruction of Security Guard Room and Security Post of Khag......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......uq, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the High Court Di......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ..Category: Anti-Corruption Laws | Date: | Hits: 117
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ......en settled that particular provisions may be regarded as directory merely; by which is meant that they are to be considered as giving directions which ought to be followed, but not as so limiting the power in respect to which the directions are given that it cannot be effectually exercised without o......Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and another, 3 BLD 1......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
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......shortly the Act) came into force on 31.01.2001 and on the very date of commencement of the Act, a Commission known as the Bangladesh Telecommunication Regulatory Commission was established and all powers, functions and authorities that were being exercised by the Post and Telecommunication Minis......y, Government of Bangladesh & Others…………………. Petitioners (In Civil Petition No. 767 of 2005) The Bangladesh Telecommunication Regulatory Commission Represented by its Chairman…………………....... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......t No. 2 is the owner of a business firm MS Salmon Trading who opened Current A/C No.100874 with the petitioner Bank. The said account was operated by respondent No. 1 AB Siddiq (Ludu) under a power of attorney (Letter of Mandate) on behalf of respondent No. 2. 4. In 1988 respondent N......former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)................Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......d manage the property or occupy the property at the time of transfer in 1979. The finding so made by the Court of Settlement being the finding of fact, the High Court Division while exercising its power of certiorari, the said Division in the absence of mis-reading or non-consideration of the ma...... Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed by the Hi...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....it because no property of the company or the respondent No. 8 was in possession and control of the bank by way of lien or mortgage; further, sub-section (3) of section 12 provided that if any financial institution advances loan to the debtor by taking mortgage of immovable property or by wa......000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the same and the company repaid a sum of Taka 20,00,000 only and failed t......d. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007. Cases Referred to- Gazi M Towfic vs. Agrani Bank 54 DLR (AD) 6; Zahi......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. ..Category: Civil Law | Date: | Hits: 103
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......ubmitted that the subject sold the suit land with recital that she has already sought the deity, from the suit land and vacated the suit possession. The learned Counsel argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary Power wh......bur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by the High ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....of 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) 183. ......was opposed by the Government contending, inter alia, that the Government issued an order authorizing the Director General of the Bureau of Anti-Corruption to exercise the power under section 4(1) of the Act and as such the action i.e. serving of notice by the Depu......'s Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain…………………Respondent Judgment October 20, 2005. Lawyers Involved: Bodruddoza, Deputy Attorney General, instructed by......of 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) 183. ..Category: Criminal Law | Date: | Hits: 29
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......le to be recalled or discharged. 10. The provision as regards the consultation contemplated under Article 116 of the Constitution is as under: Article 116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial ...... Rahman 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2). Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Saifur Rez...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ..Category: Employment/Service Law | Date: | Hits: 62
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......as not authorized to serve the same since Gazette Notification was produced by filing supplementary affidavit showing that the officer who signed the eviction notice was authorized to exercise the power of a Magistrate as per the provision of Ordinance No. 24 of 1970. The crux of the matter is w......e Petitioners. Osman Gani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-13. Civil Petition For leave to Appeal No. 263 of 2004 (From the judgment dated July 8, 2003 of the High Court Division i......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
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