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Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic of Bangladesh 6 MLR (AD) 8; Manjurul Huq vs. Bangladesh and oth...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... behalf by the Account General clearly unless the Finance Minister, after consultation with Accountant General otherwise directs in a proper case; no money can be withdrawn from the Account of the Government without an authority as contemplated in the said Rules and the appellant, in the absence...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....t of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Governmen......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....oned property and the Ministry of Commerce through the Deputy Commissioner, Dhaka controlled the management of the said building and the father of the writ petitioner was accepted as tenant under the Government. Accordingly, father of the writ petitioner regularly paid rent to the Government. Petiti......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....Golden Bengal Tobacco Limited and Messrs Haji Hashem and Haji Ahmed Brothers left this country and the property was nationalised as per provision of President's Order No. 127 of 1972. Thereafter, the Government decided to disinvest the entire property of Messrs Golden Bengal Tobacco Limited and acco......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....lows: "That the petitioner is a trader by occupation. That the respondent No.1 is a Banker, as defined under section 3(b) of the Negotiable Instruments Act, 1881, owned by the Government. That the petitioner deposited Taka 3,45,000 under deposit receipt FDR No. 000552-2344 ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ed Counsel, submitted that the writ petitioner brought the money from the foreign sector and is a foreign investor and invested a huge amount of money pursuant to the promise and encouragement of the Government. Commission's failure to take this mandatory section into account before rejecting the wr......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....bdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddi......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....That on inspection of the said Ministry's file No. PT. Shaka-5/4-6/98 (Part-2) held on 30-3-1999 it is revealed that committee opined that as the members of the Committee are all engaged in important Government assignment the necessity of a consultant is essential and once the committee receives the......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....wer conferred by section 52 of the Bangladesh Agricultural Development Corporation, 1961 (Ordinance No XXXVII of 1961) read with section 9 thereof the Corporation with the previous approval of the Government made the Bangladesh Agricultural Development Corporation (Service) Regulation 1968 where......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....sal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly dismissed………….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Fi...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....handra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....1989 in respect of House No. 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108