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Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......edules, i.e. 'Kha' and 'Ga' schedules on the basis of alleged auction purchase, it was their obligation under the law to establish that they purchased the land in auction upon due compliance of the provisions of law. 22. It is seen from the materials on record that the defendants failed to..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......illegal on the ground that the plaintiff-respondent No.1 being himself a certificate debtor along with other defendants the auction-sale of the 'C' schedule land was illegal being violative of the provisions of the Public Demands Recovery Act. 6. The trial Court vide judgment and decree d..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ......ned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President's Order 16 of 1972 and Ordinance LIV of 1985. 3. The High Court..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....isi in the writ petition invoking original jurisdiction and stayed further proceedings of the case as complained of. The learned Counsel further submitted that under Rule 24 of the ACC Rules, it is mandatory provision that enquiry (AbymÜvb) and investigation (Z`š—) must be conducted by two d......at since the writ petitions are silent about the stage of the proceedings in the Court below and since the offences disclosed in the aforesaid two first information reports are cognizable under the provisions of section 28(Ka) of the Anti Corruption Commission Act, 2004, the filing of the writ p..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......d that the High Court Division failed to appreciate and discuss the notice/showcause issued to the petitioner for revocation or cancellation of the petitioner's license in compliance with the provisions of Section 11 of the said Marriage and Divorce Registration Act, 1974 read with rule 8 o..Category: Civil Law | Date: | Hits: 88
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......10.8.2005 issued by the Director, Bureau of Mines and Minerals Development, the respondent No. 2, refusing to renew the lease of the pathor mahals granted in their favour for further period as per provisions of the Mines and Minerals Rules 1968 as amended upto 1995 and also in terms of the lease..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ....... The High Court Division, after hearing, discharged the Rule. 4. We have heard the learned counsel and perused the records. 5. As it appears, the High Court Division considering the provisions of section 9(A) of Ordinance 1977, as amended by Ordinance 53 of 1985, and al..Category: Civil Law | Date: | Hits: 119
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
....ment Officer Which is a revenue Court and any cognizance without complaint from that revenue Court is illegal. It is submitted that the judge of the High Court Division failed to appreciate the mandatory provision of law as laid down in section 195(l)(c) of the Code of Criminal Procedure. Th...... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ..Category: Criminal Law | Date: | Hits: 45
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
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. ......ther rules and regulations etc. shall not be any impediment of his getting the benefit under section 14A of the Ordinance. So, according to us, the impugned order was issued in violation of the provisions of section 14A of the Ordinance and as such it is liable to be declared to have been is..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. ......regards the exemption that has been given to certain other Cadres, the submission of the learned Additional Attorney General that the administrative requirement of particular service necessitated the provisions regarding relaxation in Rule 8 in order to meet the circumstance inherent in certain..Category: Employment/Service Law | Date: | Hits: 133
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ade by the learned Advocate and perused the materials on record. 8. It appears that the High Court Division considering the provision of Order 21 of the Code of Civil Procedure and also the provisions of Section 5 of the Ain came to the decision that the private negotiation claimed by t..Category: Banking Law | Date: | Hits: 90
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ......estraining the respondents from interfering with his functions as Nikah Registrar within the territorial limits of the above Jafarganj Union No.8 (North) on the averments that he under the relevant provisions of Muslim Family Laws Ordinance, 1961 was appointed as Nikah Registrar with effect from ..Category: Civil Law | Date: | Hits: 81
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....h 4 (four) witnesses have been examined and order is awaiting therein and the plaintiffs prayer for amendment of the plaint incorporating therein the prayers for recovery of possession and also for mandatory injunction were allowed by orders dated 31.3.1996. The defendant contested the suit by fil......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ..Category: Property Law | Date: | Hits: 32
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
....ioners for a declaration that the letter dated 1.1.1998 of the Deputy Chief Personnel Officer, Natore Sugar Mills, Natore is illegal, null and void and without jurisdiction with a prayer for mandatory injunction to allow him continue to work as Workshop Superintendent alleging, inter ......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
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....red by law; that pre-emption case was not all maintainable in view of the fact that deposit of money as against the kabala deed under pre-emption was not made to the credit of the pre-emptee as per mandatory provisions of Section 96(3)(a) of the State Acquisition and Tenancy Act. 5. It ap...... that pre-emption case was not all maintainable in view of the fact that deposit of money as against the kabala deed under pre-emption was not made to the credit of the pre-emptee as per mandatory provisions of Section 96(3)(a) of the State Acquisition and Tenancy Act. 5. It appears from ..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. ......Respondent No.1 joined in the post of Stenographer in the office of the Chairman of the Zilla Parishad. It may be mentioned till 8th of October, 1990 Respondent No.1 s service was regulated by the provisions of Local Council Rules, 1968 and from the schedule-I of the said Rules it is seen that t..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....ions. In every three vacancies, the first two will be filled up by promotion and the third one by direct recruitment." 9. The Administrative Tribunal held that it is the mandatory duty of the Bank to maintain the above ratio, and it is also desirable that the Bank shou......ellate Tribunal Act 1980 (Act No. VII of 1981) came into effect on 22nd July, 1991. "6A. Application of Article 103 of the Constitution.‑ It is hereby declared that the provisions of Article 103 of the Constitution shall apply in relation to the Administrative Appell..Category: Administrative Law | Date: | Hits: 180
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....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. ......e property shall vest back in the owner with the rights which he had before such property was acquired. 15. Thus it is clear that after payment of compensation money to the original owners, under provisions of section 8B (Emergency) Requisition of Property Act, 1948 the acquired land cannot be r..Category: Property Law | Date: | Hits: 32
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. ......y this Division a decree in a suit for specific conformance of contract and a kabala obtained on the basis thereof is no bar in listing a property in the list of abandoned building. Because of the provisions of section 5(2) and section 7(1) of the Ordinance No. 54 of 1985 it was incumbent upon t..Category: Property Law | Date: | Hits: 32
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