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Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....were cancelled. 3. The respondent Nos. 2, 4 and 5 contested the Rules and filed affidavit-in-opposition denying the material allegations and contending that Shilpa Bhaban including the disputed rooms situated in its ground floor was controlled by the Ministry of Industries since 197......ard the learned counsel and perused the impugned judgment and order of the High Court Division and other connected papers. 6. As it appears the High Court Division discharged the Rules holding that admittedly, the disputed shops were let out to the petitioners on monthly rental basis..Category: Civil Law | Date: | Hits: 84
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ...... Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 5. The High Court Division summarily rejected the writ petition holding, inter-alia, that the petitioner has no locus standi to file the writ petition and the writ..Category: Criminal Law | Date: | Hits: 43
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......case totally denying the statements made by the respondent No.1 in the above miscellaneous case. The learned Subordinate Judge by judgment and order dated 30.5.1991 dismissed the miscellaneous case holding that the same is barred by limitation. Then the High Court Division, by the impugned judgme..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....t maintainable. 6. The Miscellaneous Case seeking preemption in respect of the transfer that took place on 5.11.1969 was filed under section 24 of the Non-Agriculture Tenancy Act. The undisputed position is that the land sought to be pre-empted is in rural area. No evidence was brough......igh Court Division discharged the Rule on the finding that the land including the homestead land situates in the rural area. The High Court Division considering the nature and character of the suit holding and its situation held that the homestead with adjunct is very much connected with agricul..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....doned property. The Government has no obligation either to deny, the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant". Similar view has been expressed in the case of Hazerullah and anot...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ted to the post of Deputy General Manager by the office order dated April 27, 95 and was transferred on April 15, 2000 to Tabani Beverage Company, an industrial unit of the Trust, and there he was holding current charge of the office of General Manager and latter on he was promoted as General Ma..Category: Employment/Service Law | Date: | Hits: 408
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......08.2004 since he was sick and he filed an application through his representative along with medical certificate before the authorized officer two days before the said meeting seeking some time for holding the meeting so that he can get the opportunity to take part in the meeting and to make his ..Category: Criminal Law | Date: | Hits: 32
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... Shamsul Alam, the learned Counsel for the appellant and Ozair Farooq, the learned Counsel for respondent No.1 and perused the judgment of the High connected papers. 7. It is not disputed that Someruddin and Keamuddin sold 13.14 acres of land by a registered kabala dated 28th ...... dismissal of the suit by the trial court and the court of appeal. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division acted illegally in holding that the unilateral kabuliyats were admissible in evidence without calling for the original..Category: Property Law | Date: | Hits: 28
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e 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: 17 BLT (AD) (2009) 6. ...... Directorate of Finance of BWDB Thereafter BWDB issued Circular dated 27.1.2000 approving the "ms‡kvwaZ c`vqb" of all the officer and staffs of BWDB in terms of the cwiwkó K holding that Board of Trustees of BWDB is a separate entity under the Government and Autonomous Bod..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....) in case of offences which involve the embezzlement, etc. of Government money or property is really a speedier method of realising government money or property as compared to a suit which, is not disputed, the Government could bring for realising the money or property and is not punishment or p...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 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: 14 MLR (AD) (2009) 111. ......l Court to dispose of the suit within the stipulated period of 6(six) months as directed. 4. As it appears the High Court Division disposed of the miscellaneous appeal and the connected Rule holding that both the parties are the co-sharers in the suit land and the plaintiff respondent cla..Category: Property Law | Date: | Hits: 27
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......r and to submit report. Thereafter, the respondent No.8 in accordance with the letter of the Registrar submitted an inquiry report wherein the Upazilla Nirbahi Officer, opined that the removal and holding up of the salary and other benefits of the writ petitioner were illegal and malafide. There..Category: Employment/Service Law | Date: | Hits: 77
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......on, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the wit..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....he learned Advocate-on-Record, appearing for the petitioners, submits that the High Court Division failed to consider that the complainant-respondent herein had no title and possession in the disputed land and that the documents filed by the respondents including certified copy of the ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ..Category: Civil Law | Date: | Hits: 92
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ...... Judgment Md. Hassan Ameen J. - This appeal upon leave is directed against the judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is no..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....nted to submit a report and objection was filed against that report. But the report of Advocate Commissioner was not finally accepted; that the Advocate Commissioner mentioned the area of the disputed Khatian as 709 sahasra aungsha when the plaintiffs do not admit this area as genuine and t...... three huts and the plaintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of tenancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit,..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....t as per provisions of Section 30 of the Customs Act, the Assessing Officer was required to fix the valuation as per provision of Section 25(1) of the Customs Act since invoice value has been disputed by the Customs Authority. 4. In the instant case, it appears that the petitio...... such the impugned fixation is liable to be declared to have been made without lawful authority and is of no legal effect. He then submits that the High Court Division erred in law in not holding that the impugned tariff value to be fixed without constituting Advisory Committee and with..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
.... letter of allotment dated 30.10.1994 acting in terms thereof, the Government executed a registered leave deed dated 05.11.1994 inasmuch the complicated title in the property in question as well as disputed question of fact which could not be decided in the writ jurisdiction which needed a propert......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....the malafide acquisition stands disproved. On the other hand, in the face of denial of this allegation by the writ respondent No.5 the writ petitions under reference could be said to have involved disputed question of fact making the writ petitions not maintainable. 14. It is alread......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......same. 16. Initially one Nannu Mia informed the death of Peara Begum to the local Police Station and one U.D. case was registered. The police went to the place of occurrence and after holding inquest of the dead body of the deceased sent the same to the morgue for post mortem examina..Category: Criminal Law | Date: | Hits: 62
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