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MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
....one. The plaintiff then made a representation to defendant Nos.2 and 3 but on 16.8.1999 the plaintiff was informed that there was no chance to consider his prayer. The plaintiff was not given any chance of being heard in the matter and the impugned order was illegal, collusive and without j......mination without obtaining prior permission from the concerned authority and he gave his date of birth of his own choice in the S.S.C. Certificate and that would not be considered at this stage to decide the date of birth. The defendants considered the plaintiffs case judiciously and pa......ived 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: V ADC (2008) 655. ..Category: Employment/Service Law | Date: | Hits: 61
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
.... was not followed and as such plaintiff's promotion to the post of Stenographer was illegal and since the appointment of the plaintiff as Stenographer was illegal the defendant No.1 did not commit any illegality in cancelling the said promotion. 7. The plaintiff went on appeal. The appell......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. ......an of the Zilla Parishad and the former not being the Controlling Authority acted illegally and arbitrarily in passing the impugned order of cancellation summarily even without initiating any proceeding for the same and that in arriving at the said finding the High Court Division misre..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
.... 6. The trial Court dismissed the suit on the finding that the lessor cancelled the lease legally and as such the plaintiffs' predecessor by purchase from the lessee Khaleda Rahman did not acquire any right, title and interest in the land in suit, that RAJUK cancelled the permission for transfer......rges and the relevant documents with RAJUK for mutation but as he was not aware of the prescribed time limit of such submission directed by the letter dated 26.6.88, he submitted those at a belated stage. The opposite parties could not show anything before the courts below that the letter dated ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..Category: Property Law | Date: | Hits: 30
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
.... at first and in the name of Abdul Shaikh and Munar Khan subsequently by way of fraudulent and benami transaction. The above named benamder Baser Sarder, Abdul Sheik and Munar Khan never possessed any land of the 2(two) Khewats. But subsequently, Abdul Kader's son Hashem Howlader, the defendant ......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. ......as dismissed but the High Court Division while maintaining the same found that as Abul Kashem Hawlader was not present in the country during the pendency of the previous suit and the miscellaneous proceeding thereto and hence the impugned judgment and decree is not binding upon him as the same w..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was made an accused in any criminal case or compelled to give evidence against her.………(41 and 42) Cases Referred t......he writ-petitioner in any way because the consequence is the same and that, since the submission of the "wealth and property statement" as required was designed to gather information at a preliminary stage and that the "textual differences in section 26 of the Act and Form 5 under reference" do not ......ision committed an error of law in construing section 26(2), inasmuch as the High Court Division failed to appreciate that the Commission acts as complainant/ informant for the initiation of criminal proceedings in respect of any offence mentioned in the schedule to the ACC Act or an offence provide..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....se of the plaintiff that she requires the suit premises for construction of modern residential building for her own use and occupation since she or her husband has no house in Chittagong or Dhaka or any where else except the paternal joint family house of her husband in Chittagong; that she served ......there was an oral agreement between the landlady and defendant No.1's father that the money so spent would be deducted @ Tk.50/- per month from the rent, that during subsistence of the tenancy at one stage landlady refused to accept rent and thereupon defendant’s No.1’s father deposited rent in ......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....as further held that the respondent had proved before the Court of Settlement by the said oral gift that the case properties were not abandoned properties. The Government-appellants did not prefer any appeal before the Appellate Division and the Ministry of Works vide Notification No. 10/Chatta-......the admitted owner was valid and the appellants did not prefer any petition for leave to appeal against the judgment and order dated 30.07.1992 of the High Court Division. So the appellants at this stage can not say that the deed of gift in favour of the respondent in an act of forgery. 11......Court Division in the writ petitions that the gift in favour of the respondent by the admitted owners is valid and hence the appellants are debarred from raising this issue again in any subsequent proceeding. In support of his contention the Counsel has placed before us ..Category: Property Law | Date: | Hits: 46
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
....re cannot be approved. The 3rd Judge has not given his ‘opinion’ as contemplated by Sections 378 or 429 of the Code of Criminal Procedure and no judgment has followed and at this state any decision on the interpretation of the above sections is likely to influence adjudication upon m...... the interpretation of the above sections is likely to influence adjudication upon matters not yet finally decided by the High Court Division. Therefore this Division declines to interfere at this stage. Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to disp...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....ot to acquire the property on the report of the authorized officer and accordingly, no right or obligation arises due to issuance of a notice declaring merely the intention of Government to acquire any requisitioned property and accordingly no right or obligation is created by issuance of such n......on should be assessed in accordance with state of law as it prevails when the property thus stands acquired. 11. A requisitioned property before it stands acquired is to pass through various stages as set out in different sub-sections of Section 5 when the gazette notification is published......complete the process of acquisition within a period of six months from the date. Even the respondents did not comply with the aforesaid direction. Contempt Petition No.13 of 1995 was started and a proceeding was drawn up against the respondents. By this time the process of acquisition was comple..Category: Property Law | Date: | Hits: 37
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....Immediately after receiving notice at Sylhet Jail Mr. Kamal sought Lawyers Assistance to prepare his wealth statement by giving letter to the Secretary A.C.C. on 20.02.2007. But A.C.C. failed to give any Assistance. 7. When the notice was served at that time no commission was there in A.C.C. ......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. ...... No.8254 of 2007 discharging the Rule and vacating the order of stay granted on 30.10.2007. 2. The facts, in short, are that the aforesaid Writ Petition No. 8254 of 2007 was filed challenging the proceeding of Metropolitan Special Case No. 102 of 2007 arising out of Gulshan Police Station Case N..Category: Civil Law | Date: | Hits: 125
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, there was no opposition from any quarter and eventually the trade marks proceeded to smooth registration. In addition to the afor......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ...... provision of section 10(2) on the honest and concurrent user. 7. Although the respondent No. 1 engaged a lawyer to oppose registration of the impugned trade mark No. 21508 in class-30 he left the proceeding and the application was allowed to proceed to registration. As a matter of fact, the regi..Category: Intellectual Property Law | Date: | Hits: 231
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....nected papers on record. 6. The Full Bench of the High Court Division while disposing of the revisional application noticed that two Benches took the view that the District Judge can not entertain any revisional application under Section 115(2) of the Code beyond its pecuniary jurisdiction which ......al forum." 11. The High Court Division further held that under Section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo-motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any court Subordinate......ions (1) and (2) of Section 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additional..Category: Limitation Law | Date: | Hits: 171
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....e he was working on patrol duty at Ramnagar High Way Police Camp on 31-10-1994 and unauthorisedly took away the key of the police pick-up van and he himself started driving the said pick-up without any permission from the authority and his reckless and negligent driving caused the pick-up to......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. ......olice Department and also seriously damaged the vehicle causing loss of Taka 1,15,000 to the Government. 3. With the aforesaid allegation as detailed in the charge sheet, a departmental proceeding was drawn against the petitioner by the Superintendent of Police, Magura on 8-11-1994 un..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....he Deputy Commissioner, Sylhet on the 21st January, 2002 for release of the property from the list of vested property stating that the petitioner was never an enemy subject nor he was a citizen of any country with which the erstwhile Pakistan was at war and, as such, treating his property as ene...... failed to consider this important aspect and thus impugned judgment and order is liable to be set aside; that the High Court Division held that the petitioner filed writ petition at a belated stage, but failed to consider that the petitioner was absent from the country and used to reside in......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. ..Category: Property Law | Date: | Hits: 54
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....uit No. 71 of 1999 in the Artha Rin Adalat No. 3, Dhaka for realisation of Taka 2,23,80,406.74 only from him, Ms World Resources Limited, the respondent No. 4 and hereinafter referred to as the company, and also from the respondent Nos. 5-8 stating, inter alia, that he is the Managing Director o......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. ......vision passed in Writ Petition No. 5350 of 2004 discharging the Rule and also vacating the order of stay. 2. Brief facts are that the petitioner filed the above writ petition challenging the proceeding of Money Execution Case No. 48 of 2004 of Artha Rin Adalat No. 3 Dhaka stating that City..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... record. 6. The Full Bench of the High Court Division while disposing of the revisional application noticed that two Benches took the view that the District Judge cannot entertain any revisional application under section 115(2) of the Code beyond its pecuniary jurisdiction whic...... 11. The High Court Division further held that under section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any Court Subo......section 115 of the Code of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additiona..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....f land from C. S. Plot No.1009 annexed the notification served under section 3 of the Emergency Requisition of Property Act, 1948 (the Act). It is seen from the provision of section 4 of the Act when any property is required for a public purpose or in public interest and then the Deputy Commissioner......dings of the acquisition case were not placed before the Court either at the time of hearing of the writ petition or at the time of hearing of the appeal to show that in fact there was at the initial stage proposal for requisition of .51 acre of land and that when the process for acquisition was ini......ision was wrong in declaring the notification dated October 27, 1986 as illegal and malafide. 7. The writ petitioner in support of his contention that the requisitioning authority initiated the proceeding for requisitioning of .45 acre of land from C. S. Plot No.1009 annexed the notification s..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....of the case after a lapse of 25 years is no bar to prosecution as there is no period of limitation in lodging of an FIR in respect of a cognizable offence committed by an accused and we do not find any illegality on the part of the learned Sessions Judge to direct for holding judicial enquiry un...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......quot;....how far the petitioners were competent to prefer the instant application under section 561A of the Code when cognizance in the case had not yet been taken by the Magistrate. A judicial proceeding cannot be treated to have been started till before cognizance has been taken by the Mag..Category: Criminal Law | Date: | Hits: 35
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
.... of 1996 filed by him was dismissed on contest wherefrom appeal being Title Appeal No.131 of 1997 was also dismissed and he did not further proceed and as such, the same claim by his successors in any separate proceeding is simply barred by Res-judicata and the prayer for local investigation sol......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......d by him was dismissed on contest wherefrom appeal being Title Appeal No.131 of 1997 was also dismissed and he did not further proceed and as such, the same claim by his successors in any separate proceeding is simply barred by Res-judicata and the prayer for local investigation solely based on ..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....ory retirement from service as communicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition a......view that the principle laid down in the above case shall apply in the facts and circumstances of the present case. The learned Attorney General in course of his submission at one stage has stated that when at the initial stage the Supreme Court was consulted, it may be due to ......rit petition against the said impugned Memo dated 27.6,2000 stating, inter alia, that the writ-petitioner, a Magistrate exercising judicial function was removed from the services on the basis of a proceeding under Government Servant (Discipline and Appeal) Rules 1985 upon its finding of guilt bu..Category: Employment/Service Law | Date: | Hits: 62
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