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Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ...... of the High Court Division dismissed the appeal as aforesaid. 5. Leave was granted to consider the submission that the learned Subordinate Judge wrongly dismissed the suit on misconception of the provisions of sections 39 and 42 of the Specific Relief Act and also the provision of Evidence Act a..Category: Property Law | Date: | Hits: 41
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... 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. ......ot come within the ambit of the Anti-Corruption Act, 1957 and the allegation lacks detail and that the allegations made in the Memo are vague, unspecified and not covered by section 3(2) or any other provisions of the Anti-Corruption Act, 1957, that the Memo, is a malafide one and that the action of..Category: Anti-Corruption Laws | Date: | Hits: 113
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. ......vailable materials and for which she also obtained extension of period for further 7 days. 4. The respondent further asserted that the impugned notice dated 17-7-2007 is not in accordance with the provisions of law. 5. The writ-petition was contested by the writ-respondents i.e. appellants, an..Category: Anti-Corruption Laws | Date: | Hits: 144
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....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. ......rding this principle of law. Accordingly we need not discuss the cases cited by the learned Additional Attorney General on this point. 13. In view of our discussions above, we hold that the provisions of Article 143(1) (c) of the constitution are not attached in the present case as the re..Category: Property Law | Date: | Hits: 46
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. .......1,34,177.00 for the land, TK.8,83,110.78 for the structures and TK.2,913.24 for the trees standing on a portion thereof on the basis of 'provisional estimate on rough and ready calculation as per provisions of Section 93(B) of the Town Improvement Act, 1953'. That the respondents while taking-o..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....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: ......ed 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 Order 16 of 1972 and Ordinance 54 of 1985. 3. The High Court Divis..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....all not be become functus officio even after the expiry of stipulated period. 32. Question arose as to whether Section 35(d) of Ordinance XXIV of 1982 providing for conclusion of investigation is mandatory or directory it was held by the High Court Division in the case of Mozammel Hoque Vs. The ......n 22.03.2007 with Gulshan Police Station being Gulshan P.S. Case No. 86(3) of 2007 and in the said case charge sheet was submitted against them and against their two daughters on 05.09.2007 under the provisions of the aforesaid law. 21. Subsequently the learned Metropolitan Sessions Judge and Se..Category: Civil Law | Date: | Hits: 125
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....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. ......mp; 8(a) of the Act, but has also allowed registration of almost identical trade mark in the application Nos. 34638, 35138, 36566, 45164, 45284, 45285, and 56085 in class-30 in gross violation of the provisions of the Trade Mark Act, 1940 which show that the Registrar has no respect for the law of w..Category: Intellectual Property Law | Date: | Hits: 231
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......ch is Tk.377,61,225/- and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a Full Bench in accordance with the provisions of Rule 4 of the chapter VII of the High Court Rules for final decision. Accordingly a Fu..Category: Limitation Law | Date: | Hits: 171
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....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. ......ruction of law as to the status of the appointing Authority in case of the petitioner for training and the final appointing Authority after the training is over as it appears from the related provisions of direct recruitment in the petitioner's post envisaged in the Police Regulation of Ben..Category: Employment/Service Law | Date: | Hits: 91
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. ......hy;ment concerned within the given time frame. The Government did not take over possession of the case property prior to its inclusion in the 'Ka' list of abandoned buildings in accordance with the provisions of section 5(l)(a) of the Abandoned Buildings (Supplementary Provisions) Ordinance,..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....ision No. 2908 of 2004 discharging the Rule issued against those dated 7-8-2004 of the Additional District Judge, Manikgonj in Civil Revision No.10 of 2004 affirming the interim order of temporary mandatory injunction dated 30-3-2004 passed by the Senior Assistant Judge, Manikgonj in Title Suit ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....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. ......itle Suit No. 71 of 1999 was filed on 441-1999 and Artha Rin Adalat Ain 2003, hereinafter referred to as Ain 2003, came into force on 10-3-2003 when the instant suit was pending and in view of the provisions of section 60(3) of Ain, 2003, the provisions of sub-sections (2) and (3) of section 12 ..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......s Taka 3,77,61,225 and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a Full Bench in accordance with the provisions of Rule 4 of the Chapter VII of the High Court Rules for final decision. Accordingly, a ..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....ng the quantum of the land in place of .45 acre .51 acre is to be read. But we have found that this amendment by the impugned Gazette Notification is illegal as it has been made in clear violation of mandatory provision of law aforesaid." 6. Leave was granted to consider the contention that on t...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
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. ......l was established under this Article, no Court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such Tribunal. From the aforesaid provisions it is clear that in respect of the matters assigned to the Tribunal, the Tribunal has t..Category: Employment/Service Law | Date: | Hits: 62
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....f the other cases and thereby frustrated the very purpose of simultaneous trial. Learned Counsel further argued that: under the provision of Section 13 of the Druta Bichar Tribunal Ain, 2000, it is mandatory that both the G. R. Case and Druta Bichar Case should be tried simultaneously and theref......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..Category: Criminal Law | Date: | Hits: 31
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....came that of master and servant from that date and therefore the petitioner is not entitled to get a decree for declaration without consequential relief; in the instant case there is no prayer for mandatory injunction for consequential relief; even if there is a prayer for mandatory injunction b......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
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ...... of Settlement which is the final authority to decide the character of the property; the decree for specific performance of contract and the deed of sale pursuant to the said decree being hit by the provisions of P.O. 16 of 1972 the High Court Division erred in law in making the rule absolute; the ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... which took place before the notification under Section 3 or section 43(2) of the Act, have been statutorily recognized to be the lands appertaining to the tenancies of the riparian owners and the provisions of clause (e) and (f) of sections 3(4) or items (2) and (4) of section 44 of the Act hav..Category: Property Law | Date: | Hits: 30
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