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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. ......the erroneous basis that the provision of punishment under section 26(2) "is subject to the discretion of the (Anti-Corruption) Commission" and "there is no provision providing any opportunity to the person concerned to explain to avoid punishment." Thus that the High Court Division committed an err..

Category: Anti-Corruption Laws | Date: | Hits: 144

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......n final and vesting the property in suit in the Government. As per provision the property acquired vests in the Government and consequent thereupon Government becomes the owner of the property. The person whose property is acquired under   the Act and consequent thereupon vests in the ..

Category: Property Law | Date: | Hits: 25

Shahar Ali and others Vs. State, 2008, 37 CLC (AD)

....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ...... not say that victim was called by the petitioners. The learned Counsel has submitted that there was no direct evidence and the circumstantial evidence is not at all sufficient to find the accused persons guilty and the confessional statement being contradictory with the post mortem report, shou..

Category: Civil Law | Date: | Hits: 87

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. ...... was purportedly acquired by the respondents under Section 93A of the Town Improvement Act, 1953 in Special L.A. Case No.8 of 1964-65 for setting up a Rehabilitation Zone for rehabilitation of the persons affected by the Scheme of Uttara Model Town. No notice was served on the appellants. Posses..

Category: Property Law | Date: | Hits: 37

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

....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. ...... 7. When the notice was served at that time no commission was there in A.C.C. 8. Mr. Kamal Was in Jail Custody when he received the notice by giving only 72 hours. Whereas, in the same law other person enjoyed 7 days time to submit the wealth statement along with further extended period of 7 da..

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. ...... integrated with the business of the respondent, in fact, the aforesaid trade mark has assumed the property of a great significance to the owner of the trade mark. 5. The petitioner being a clever person imitated the trade mark of the respondent and secretly filed application for registration of ..

Category: Intellectual Property Law | Date: | Hits: 231

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. ......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

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... burial certificate from a private agency In our view, the Court of Settlement was quite correct in not taking the said burial certificate into con­sideration since the same was not issued by a person authorised by law to issue said kind of certificate. In that state of the matter the content..

Category: Property Law | Date: | Hits: 21

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

.... 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. ......up a "Rajakar Camp" near Sattyajir Bazar beside the Baba Ganga river. On 25.10.1971 the petitioners forcibly brought Hashem Mollah. father of the complainant-respondent Nos.1 and 6 other persons to the said camp and carried on physical torture upon them, ultimately in the midnight of 2..

Category: Criminal Law | Date: | Hits: 35

Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)

....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......Special Tribunals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where a Special Tribunal has reason to believe that an accused person has absconded or is concealing himself so that he cannot be arrested and produced before it..

Category: Criminal Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)

....of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......res that such kind of notice as per provision of section 4(1) of the Anti-Corruption Act, 1957 (the Act) can only be issued when the Government is satisfied, that there is reason to believe that a person or any other person on his behalf is in possession of pecuniary resources or property dispro..

Category: Criminal Law | Date: | Hits: 29

Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)

....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..

Category: Others | Date: | Hits: 91

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. ......eciding the case disregarding the decision in the case of Mujibur Rahman reported in 44 DLR (AD) 111 clearly spelling out the jurisdiction of the High Court Division in respect of the case of a person in the service of the republic. The learned Additional Attorney General further submitted t..

Category: Employment/Service Law | Date: | Hits: 62

DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)

....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......y dag number or plot number" and no authority to serve a notice was brought on record and the material that has been produced by submitting supplementary affidavit also does not show that the person who signed a notice was authorized to serve the notice. On the aforesaid finding the High Co..

Category: Property Law | Date: | Hits: 22

Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)

....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......ideration of the materials on record found that: "In the present case after execution and registration of the alleged forged Kabala, the accused-petitioner in collusion with other two accused persons got his name mutated and on appeal the A.D.C. (Revenue) cancelled the mutation order passed..

Category: Anti-Corruption Laws | Date: | Hits: 88

Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)

.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......thers were out to retain possession of the property upon resorting to several litigations figuring as the 1st party in some of the litigations and in some cases by setting up or through the set up person who figured as the 1 st party in the same and in one of such litigations one of such set up ..

Category: Property Law | Date: | Hits: 28

Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......se of Rafizuddin vs. Molla Barman, reported in 43 BLD(AD) 215 where it has been held that, "In a simple suit for permanent injunction with regard to disputed land the relief is available to a person who is in possession. The court may require incidentally into the respective claims of the p..

Category: Property Law | Date: | Hits: 26

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ....../RI/S-46/72/55 dated 21st April, 1972 having communicated its decision to absorb the work charge employees into regular establishment and having given its decision that in absorbing the employees the persons, who have the longest period of service and are retiring or are on the verge of retirement s..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....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. ......t which provides that an order of mandatory injunction can not be granted to prevent the breach of a contract the performance of which could not be specifically enforced; the breach of contract for personal service can not be restrained by court ordering an employer to retain the employee in the ..

Category: Employment/Service Law | Date: | Hits: 84

Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)

....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......uit Plot Nos. 533, 534 & 598 is false and forged inasmuch as defendant No. 2 never executed and registered the said kabala in favour of the defendant No. 1 and the kabala was obtained by false personation. The further allegation is that the defendant No.2 took loan from defendant No.1 on dif..

Category: Property Law | Date: | Hits: 25