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Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)

....ot get the saham of 0.33 decimals of land. The plaintiff sold out the land to the different person and as such 0½ decimal of land of the disputed jote may be remained with him. On the other hand defendant No.29 contested the suit by filing writ­ten statements wherein he stated that fr......the aforesaid plot. Subsequently Bhula Sheikh sold out 29 decimals of land from C.S. Plot No. 1149 of the schedule to the aforesaid pur­chasers on 25.11.1954 by sale deed being 15314 and taking over delivery of possession of the aforesaid land they were enjoying the same jointly. 4. T......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854.  ..

Category: Property Law | Date: | Hits: 28

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

....eme Court of Bangladesh on 18.3.1985; that he was made permanent by order dated 04.07.2000 with effect from 18.3.1987; that subsequently after qualifying in another competitive examination in Shorthand and Typing, he was promoted to the post of Personal Assistant Cum-Stenographer on 30.10.1988 a......reme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh and Others……….....Appellants Vs. Md. Sham......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..

Category: Employment/Service Law | Date: | Hits: 104

Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)

....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......ely clerical capacity or who is an agricultural worker engaged in an agricultural farm, whether ancillary to any industrial unit or not." 4. Section 3 of Act 10 of 1974 provides Government's power to determine terms and condition of service of works of State owned manufacturing......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..

Category: Labour and Industrial Law | Date: | Hits: 77

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

.... from any illegality or infirmity for our interference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......w Proclamation dated 24.3.1982 in which it is stated that by the said Proclamation dated 24.3.1982 the Constitution was suspended and the Chief Martial Law Administrator assumed all the power of the Government of the Republic. Though the then President came to power staging a coup-d etate as it was ...... other conditions of service employed in such services and all the appellants during their long service career successfully completed departmental foundation training, departmental administrative and management training and also received training from foreign countries and the appellants successfull..

Category: Employment/Service Law | Date: | Hits: 133

Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)

....therein and accordingly served a notice under Section 106 of the Transfer of Property Act to the defendant terminating the tenancy and asking him to vacate the suit premises but the defendant did not hand over the pos­session of the suit premises in favour of the plaintiff, on the contrary informed......in and accordingly served a notice under Section 106 of the Transfer of Property Act to the defendant terminating the tenancy and asking him to vacate the suit premises but the defendant did not hand over the pos­session of the suit premises in favour of the plaintiff, on the contrary informed the ......of the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...

Category: Tenancy Law | Date: | Hits: 151

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ...... Supreme Court Appellate Division (Civil) Present: Mohammad   Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh, rep­resented by the Secretary Ministry of Housing and Public Works, Ba......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ..

Category: Property Law | Date: | Hits: 27

Mahmuda Haq Vs. Abdul Mannan Miah and others, 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) 759. ......at inspite of non-service of summons Mazid Mia informed plaintiff No. 1  about the fil­ing of the suit and he entrusted Mazid Mia for taking steps in the suit, that Mazid Mia being gained over by the defendant Nos. 1-27 did not take steps in the suit and that finally defendant Nos.1-27 ......the plaintiffs purchased the land in suit and the other land on October 30,1973, that plaintiffs in connection with their service were staying at different places and because of that they entrusted management of the land to Majid Mia, that the defendant Nos. 1-27 to grab the land in suit filed T..

Category: Property Law | Date: | Hits: 25

Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)

....d out by patta dated 30.4.1936 i.e. .07 acres of plot No. 2540 and not the suit land which is Plot No. 2543. 5. The learned counsel appearing for the plaintiff respondent No. 1 on the other hand submits that R.S. Plot No. 2543 appertains to P.S. Khatian No.1109 belonged to Nilambor Mohaja......o.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..

Category: Property Law | Date: | Hits: 29

Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)

....igh Court Division in writ jurisdiction the judgment and order of the Court of Settlement was set aside and the property in question was declared as not abandoned property and direction was made to hand over possession to the claimant. 2. This Court while rejecting the petition for leave ......) 695. ...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ..

Category: Property Law | Date: | Hits: 24

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

.... Steno-typist of any local council having 3 years experience could be promoted to the post of Stenographer. It is seen from the materials on record that the Respondent No.1 had the diploma in short hand and type writing. It is evident from the materials on record that the Respondent No.1 has the ......primarily on the ground that post of Stenographer is a newly created post and that Respondent's appoint to the said post of Stenographer was not made upon due compliance of the provision of Local Government (Zilla Parishad) Officers and Employees Service Rules, 1990 (this service Rule was publis......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 Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)

....ry, Ministry of Land, Bangladesh Secretariat and others, 7 BLC 689. Lawyers Involved: AJ Mohammad Ali, Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellants. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For ......Respondents Judgment June 20, 2006. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. Commercial Trust of Bangladesh Ltd. 46 DLR (AD) 89; Ali Ahmed and others vs. Government of Bangladesh and others 55 DLR (AD) 92; Abul Basher and others vs. Bangladesh, 1997 BLD (......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..

Category: Property Law | Date: | Hits: 32

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

.... khalilur Rahman and his co-sharers went to play rents when the Tahsilder told them about the auction sale and thereupon a fresh dispute arose between Abdul Kader Howlader and his brothers, on one hand Khalilur Rahman, on the other hand. Thereupon, Abdul Kader and his brother purchased 12 annas ......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. ......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

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....erest in the case properties is derived from that of the Government. The High Court Division held that it is difficult to accept the contention of the Government that the case properties can not be handed over to the respondent as long as the question of title is not decided. The observations ma...... (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..

Category: Property Law | Date: | Hits: 46

Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)

....ty from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case property in the list of abandoned buildings and on the other hand the petitioner filed original lease agreement, death certificate of Abdus Salam issued by the ......ourt Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. ......t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....tion 20 does not provide for any consequence for failure of the trial court to conclude the trial within 120 days. The provision is not mandatory rather directory. 35. Henry Compbell Black in his hand book on Constitution and Interpretation of Laws 334, 1896 opined:- “A provision is said t......sent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and......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. ......t: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ministry of Information, Represented by its Secretary, Government of Bangladesh & Others…………………. Petit......ranted a 'No Objection Certificate' in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the meantime, the Bangladesh Telecommunication Act, 2001 (shortly the Act) came into ..

Category: Information Technology Law | Date: | Hits: 321

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J  Md. Tafazzul Islam J Md. Hassan Ameen J  Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of th......nt: Mohammad Fazlul Karim J  Md. Tafazzul Islam J Md. Hassan Ameen J  Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the People's Republic of Bangladesh................Respondents Judgment ......ance in the submissions of the learned Advo­cate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ..

Category: Employment/Service Law | Date: | Hits: 91

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......am J  Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J  Achyutananda Das...........................................Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Land ...............Respondents ......e at the end of his life, and to his utter surprise he came to learn that the property has been declared as enemy property, now vested and non-resident property and the Government has taken up the management of his ancestral property. Thereafter, he instructed one of his relations to collect the..

Category: Property Law | Date: | Hits: 54

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....Note and other documents jointly secur­ing the liability to the Bank. He also did not deny that on his request the LG was opened, goods were released on payment of duties and some machines were handed over to him against trust receipts. 9. The Artha Rin Adalat decreed the suit only ag......n of the petitioner's Bank and failed to pay the balance price of the goods received under Letter of Trust the peti­tioner filed Money Suit No. 53 of 1995 in 4th Artha Rin Adalat, Dhaka for recovery of Taka 93,63,623.50 as on 30-7-1995. 7. The respondent No. 2, proprietor of Salmon Tr...... 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

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......nbsp;        Abdul Matin J          Marziana Khatun......................Petitioner Vs. Government of Bangladesh...................Respondents Judgment  November 15, 200......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..

Category: Property Law | Date: | Hits: 23