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Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......inistrative order for the purpose of maintaining up-to-date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the Revenue Officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken ......eferred To- 53 DLR (HCD) 19; 55 DLR (AD) 125. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... and circumstances of the case. 5. The High Court Division upon hearing the parties found that the order of detention has been made without application of mind and upon colorable exercise of power and that there is no nexus between the grounds and the purpose of the detention made the Rule......l……………………………Respondent Judgment November 28, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......said decision is in fact for the proposition that: "We see no reason why in our country as well the void created by the absence of law and rules under Article 133 cannot be filled up by executive power under Article 55(2) expressed to be taken in the name of the President (Article 55(4). Such ex......H.P. v. Nodha Ram, SCC pp. 478-79. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record- For the Appellant. Anwarul Azim Khair, Deputy Attorney General, instructed by Firoj Shah, Advocate-on-Record-For the Respondents. Civil Appeal N......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....t being amended 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 ......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. ...... Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Division in C......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. ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....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. ......cognizance is taken by appropriate Court, there is hardly any scope for saying that charge sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pas......nior Advocate, Mvi. Md. Wahidullah, Advocate-on Record - For the Petitioners (In Criminal Petition No. 239 of 2004) Not represented -Respondents (In all the cases) Criminal petition For Leave to Appeal Nos. 262, 237 & 239 of 2004. (From the judgment and order dated 17.5.2004 passed b......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. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......passed without lawful authority on the finding that the cognizance was taken by the Special Martial Court No.4 at a time when the case was actually before him by an order of the authority having no power to transfer the case from the Court of General Criminal Jurisdiction and hence the Special M.........Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referred to- State Vs. Golam Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....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. ......sition of law that after repeal of the Enemy Property (Continuance and Emergency Provisions) Ordinance, 1969 by the Enemy Property (Continuance of Emergency Provision) (Repeal) Act, 1974 there was no power or authority of the respondent No. 2 to declare any property vested newly if not vested earlie...... The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appeals) Judgment August 14, 2004. Result: The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta Roy vs. Upazil......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
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 917 of 2005. From the Judgment and Order dated May 9, 2005 passed by the High ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....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. ......urged by the learned Counsels. 8. Section 107 of the Code of Civil Procedure provides that subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power to determine a case finally and to take additional evidence or to require such evidence to be......ected 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 are that the pl......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
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......r the respondent No.1, did not file any concise statement. However, in support of the impugned judgment of the High Court Division, he contended that the High Court Division in the exercise of its power under Section 115 of the Code of Civil Procedure, considered the materials on record, decreed......sp; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a Single Bench......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......ent of the Administrative Tribunal clearly show that the appeal was filed beyond the period as provides in section 6(2A) of the Administrative Tribunal Act, 1980. 14. The law as in the Act empowers the Administrative Appellate Tribunal to condone the delay in filing the appeal after ......ers Vs. Md. Shahin Reza ............................................Respondent Judgment November 18, 2007. Lawyers Involved: Abu Bakkar Siddique, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the Petitioners. Sufia Kha......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......ng that all the allegations of the appelÂlant in the writ petition are matters of record and need no comment, stated that as per provision of the Insurance Act, 1938 the Controller of Insurance is empowered to grant certificate of registraÂtion to any person for parrying on business only after pri......: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....2001 contending false and defamatory statements and the leaflet was distributed among the members of the aforesaid Housing Society. As a result, the petitioner suffered social, mental and financial loss and injury and he was also defamed and suffered huge financial loss. 3. The C......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ...... Abdul Halim Chaklader, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by the High ......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......sult of the suit. If it is felt necessary for determination of the real matter in the dispute the court may decide any person to be added as party in a suit and this is in fact a discretionary power of the court. The discretion is, however, to be exercised judicially. After perusi......nbsp; July 26, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 297 of 2005 (From the judgment and order dated 17.01.2005 passed by the High C...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..Category: Property Law | Date: | Hits: 24
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....Abu Taher in the aforesaid three companies, namely, Meghna Vegetable Oil Ltd., Baghdad Vegetable Oil Industries Ltd. and Mercantile Shipping Lines Ltd. with the consent and concurrence of the said financial institution, SABTNCO which granted loan to Meghna PET Industries Ltd. By this arrang......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......ellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Sonali Bank, represented by its Managing Director, Head Office & another.............. Petitioners (In both the cases) Vs. Md. ......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..Category: Banking Law | Date: | Hits: 103
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ...... The High Court Division on consideration of the Provision of the VAT Act observed "From a reading of sub section (2) of Section 42 of the Act, as it stood originally it appears that the power was given to the respective appellate authority to accept and hear an appeal either on deposi...... Mohammad Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....nt. 2. The facts of the case, in short, are that the writ-petitioner, Dhaka Memon Anjuman, is a charitable organization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings th......he police personnel started living therein and occupied the house without any agreement with the writ-petitioner. Thereafter, the President and Secretary of the Dhaka Memon Anjuman executed a general power of attorney on 20.04.2004 appointing Khawaja Mohammad Akbar to do all acts on behalf of the wr......ding, Dhaka and others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For t......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ing, finding of lawyer and engaging of new lawyer in a Court beyond the jurisdiction would be not only costly but also difficult to provide instructions for the poor public litigants who are not only financially injured but physically jeopardised solely with the mala fide intention to harass and dep....... 145 of 2004 is allowed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Dru......ed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......rademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under section 46(4) of the Trademark Act………………&hell......Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade Mark Act, 1940, sections 8, 24 and 46 The appellant having entered into the User Agreement with the Respondents and having full knowledge of the ownership of trademark ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......¿à¦¸à¦¿/সেচ/উইং/১৯৩/২০০১/১৮৫ dated 24-7-2003 discharging them from their service (Annexure-C and C-l to the writ petiÂtion) and ’পদায়ন’ Rules of BADC Manpower ReÂorganisation setup issued on 20-11-2000 (Annexure-C-2 to the writ petition) and notificati......ulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
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