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Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....nge rules for achieving administrative efficiency and/or for public interest and the govern­ment, having suffered loss of huge rev­enue due to the mismanagement of the quarries in different parts of the country, made the changes and most of the lessees, whose leases have expired, have com......ing stones peace-fully on investing further fund of improving the extraction facilities of stones, they filed applications for renewal of their leases for further period with challans show­ing payment of annual fees etc for the respective years, but inspite of receipts of the said applicatio......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. ..

Category: Others | Date: | Hits: 101

Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)

....er of the holding by inheritance and by purchase and also claiming to be owner of the land contiguous to the land transferred by the deed of Heba-bil-Ewaz, stating that the pre-emptee i.e. opposite party No. 1 (in the Miscellaneous Case) is a stranger and that the opposite party Nos. 2-6 (in the...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..

Category: Property Law | Date: | Hits: 19

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

....nd of the writ-petitioners  upon demarcating the same and to handover possession of the land within 4 months from the date of receipt of the copy of the judgment and in case of failure on the part of the authority the writ- petitioners would be at liberty to take appropriate legal action a...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..

Category: Property Law | Date: | Hits: 56

Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)

....quired to comply with the order of the said Division directing him to furnish certified copy of the decrees of the courts below within the time specified i.e. by 5.12.1999, but he complied with the part of the order of the High Court Division by filing certified copy of the decree of the appellat......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..

Category: Family Law | Date: | Hits: 173

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

.... unchanged/unaltered; by notification dated 1.6.1999 the scale of pay of the Personal Officers was enhanced to the scale of Tk. 2550-5505/-; on being aware about the re-designation of their counter part in the Secretariat, the P.A. Cum-Stenographers of the High Court Division of the Supreme Court......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)

.... respective leave petitions, they moved the High Court Division. It is the case of the Respondent in the respective leave petitions that they are legal allottees of the land and they have performed part of their obligation i.e. paid installments and as such the authorities were not legally author......ice and that the allottees have paid more than one instalment and got their names mutated and that allotment that was made to the writ petitioners could only be cancelled in case of default in the payment of installment by the time mentioned in the letter of allotment. The High Court Division fr......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ..

Category: Property Law | Date: | Hits: 27

Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)

....7 years of age. 6. On perusal of the impugned judgment it appears that the High Court Division considered the submission as under: "In the above definitions there are two parts. From the first part of the definition we find worker will include any person skilled or uns......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. ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 77

Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)

....e (now Joint District Judge), Bagerhat, passed in Miscellaneous Case No.45 of 1995 (registered upon an application filed under Order 9, Rule 13 of the Code of Civil Procedure) setting aside the ex parte decree passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short, a......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..

Category: Property Law | Date: | Hits: 23

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

.... history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and  (f) While good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the sur...... 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. ...... 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. ..

Category: Employment/Service Law | Date: | Hits: 133

Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)

....lass Suit) No. 17 of 1996 decreeing the same in favour of the Respondent No. 2 i.e. Sonali Bank, Branch at Munshipara, Dinajpur against the petitioner on contest and against the other defendants ex-parte. The Bank filed the Artha Rin Adalat Case claiming Tk. 1,10,84,572/-. 2. The suit was......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ...... 2. The suit was contested by the writ-petitioner by filing written statement denying his connection with the company, M/s. Sun Flower Fabrics (Private) Limited, for the establishment whereof loan was obtained and it was contended that the writ-petitioner did not execute any document in con..

Category: Civil Law | Date: | Hits: 73

Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)

....the suit land by a registered deed of heba-bil-ewaj dated 06.09.1988 in favour of the plaintiff and his brothers namely, Mamunur Rashid, Mahbubur Rashid and Mahfuzur Rahman. Subsequently by a deed of partition the said four brothers made partition of the entire property received by them from their f......ord in respect of the shop premises being shop Nos.3 and 4 at monthly rental of 300+300=600.00 in total and paid monthly rents to the plaintiff for the month of January and February, 1998 but stopped payment of monthly rents from the month of March, 1998 and thereby became a defaulter. The plaintiff......of the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...

Category: Tenancy Law | Date: | Hits: 151

Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)

....late Division with the observation that as the plaintiff, the tenant, is willing to vacate the premises if he is given a total sum of Tk. 20,45,000/- by the defendant, the dis­pute between the parties remains only in respect of quantum of money to be paid to the plaintiff by the defendant, t......tuat­ed in the ground floor of Meherun Nessa A.C. Market, at 164, Sonargaon Road, Dhaka stating that he, in the year 1987, took lease of the above 5(five) shops from the defendant petitioner on payment of salami of Tk. 50,000/- for each shop, total being of Tk. 2,50,000/-, with the right of ......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: V ADC (2008) 786. ..

Category: Alternative Dispute Resolution | Date: | Hits: 192

M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)

....ed: Kazi Shahbuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 6. Ex-parte-Respondent Nos. 1-5. Civil Appeal No. 120 of 1997. (From the judgment and ord......rement of the said clause. The High Court Division also found that the withdrawal of the goods in question from the tender sale No. 10/97, long after approval of the bid of the respondent No.6 and payment of entire bid money and the delivery order of the goods, was not known to the respondent No......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..

Category: Others | Date: | Hits: 80

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

.... inherent defect in that the time allowing the peti­tioner company in paying the decreetal amount within one year from the date of the judgment dated 3.10.2004 did not elapse. After hearing the parties High Court Division issued rule and also passed an interim order, i.e. "pending heari......bsp;  Md. Hassan Ameen J.- The petitioners seek leave to appeal against the judgment and order dated 17-05-2006 passed by the High Court Division, so far as it relates to the direction of payment of Tk. 24,23,000/00 to the respondents by the petitioners, passed in Contempt Petition No.......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..

Category: Civil Law | Date: | Hits: 102

Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)

.... The contesting defendants further alleged that they purchased 4¼ decimals of land from the cosharer of the jote, Tafiran Bibi, and became owner in possession, of the suit premises and filed partition Suit No.116 of 1999 in the 1st Court of the Subordinate Judge, Bogra against the heirs o......ed. 3. The defendant Nos.1-5 contested the suit by filing a written statement contending amongst others that the original landlord Abbas Ali Mondal entered into an agreement for 5 years on payment of advance rent of Tk. 45,000/- for his treatment upon enhancing monthly rent at Tk. 750/- ......tly dismissed the civil revision war­ranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ..

Category: Property Law | Date: | Hits: 91

Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

....iff Tk. 28,000/- towards the consideration money, that the defendants were major at the time of execution of the bainapatra, that the suit was not barred by limitation since the defendants received part of the consideration money lastly on October 25, 1991. 4. As against the judgment and ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ..

Category: Civil Law | Date: | Hits: 74

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....d Court, Dhaka in Title Suit No. 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of the first party plaintiff. 2. The facts, in short, are that the 1st party entered into a contract wit......and verbal request the bill in question was not paid even in 1997. Thus being aggrieved the 1st party applied to the General Manager (Engineer) department of the 2nd party to negotiate and arrange payment of compensation to them. But the General Manager utterly failed to negotiate the matter. Th......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)

....ucted by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Mahmudul Islam, Senior Advocate, instruct­ed by Ahsanullah Patwary, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent No. 2. Civil Appeal No.112 of 1999 (From the judgment and order dat......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..

Category: Property Law | Date: | Hits: 29

Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)

.... allowing A.T. Case no. 96 of 1995. 2. The short facts are that while the peti­tioner was serving as a Sub Inspector of Police at Chhagolnaya Police Station in the District of Feni, a department proceed­ing Case No. 7 of 1994 dated 19.03. 1994 was started against him framing charg......o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ..

Category: Administrative Law | Date: | Hits: 89

Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)

....laintiff instituted Title Suit No. 22 of 1998 in the 4th Court of Assistant Judge, Dhaka praying for declaration of title by adverse possession to the suit land and for further declaration that the exparte judgment and decree dated 09.08.1990 passed in Title Suit No. 167 of 1990 was illegal, inopera......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..

Category: Tenancy Law | Date: | Hits: 139