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Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....he 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......e Act and thereby the auction became absolute under section 25 of the Act. That being so, the revisional authorities under section 53 of the Act could not set aside the sale upon, the ground of non-service of notice under section 7 of the Act which in turn comes in direct conflict with the provis..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n question the judgment and order dated 15.04.1999 passed by a Division Bench of the High Court Division in Writ Petition No. 2918 of 1998 thereby declaring the order passed by the respondent No. 1 Government of Bangladesh on 07.09.1998 to be without lawful authority. 2. The case of the w......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....returned to this country and she died in India as Indian National. The suit land was enlisted as enemy property and Abdul Latif Molla who was borgader applied for lease and was granted lease by the Government on 09.07.1970. After the liberation of the country Biraj came back to Bangladesh and fi......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
.... is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
.... as to cost. Ed. ......d 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated 11.11.1999 putting him under susp..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....ality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a Judge of the Artha Rin Adalat, 1st Court, Dhaka by the Government and also challenging the continuation of Title Suit No. 258 of 2000 filed by the respond...... Rin Adalat under the Ain 15. Let us now examine Articles 115 and 116 of the Constitution which read as follows:- "115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordan..Category: Banking Law | Date: | Hits: 121
....:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....r Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and Rural Development Bangladesh, Secretariat, Ramna, Dhaka and others&hell......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ivil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Dev......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......esh reported in 50 DLR (AD)82. 3. Mr. Aftab Hossain, the learned Advocate-on-Record, has tried to distinguish the facts of the aforesaid cases arguing that the curtailment took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....le Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally belonged to the Government of the then East Pakistan; that the Government leased out the said property for 99 years......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....ing Title Suit No. 95 of 1970 claiming a sum of Rs. 1,35,000/-due on a contract for the construction of Rajshahi Medical College. The suit was pending after liberation and on application filed by the Government of Bangladesh, under Article 3(2) of the Bangladesh (Legal Proceedings) (Special Order), ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....icence or the provisions of law referred to by the petitioner gives him any such right". The learned Judge further observed that "after all, it was a hat admittedly forfeited to the Government in 1966 and was being managed from 1374 B.S. either by granting lease or licence for eac......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... notification under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-retainable khas land also stood vested in the Government. This part of the proposition was overlooked by the Courts below. 4. There is ano...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... the Respondent No.2. They submitted their reply to the charge. An enquiry was held by an officer of the company and on receipt of the report the employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the ..Category: Labour and Industrial Law | Date: | Hits: 110
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....al Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977). Judgment KM Subhan, J.—The Government is the petitioner and challenges the judgment of the High Court Division passed in a peti......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....r the time being in force, if any mortgagee prevents the redemption of a usufructuary mortgage after the expiry of the period of such mortgage to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of rede......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... his favour by virtue of the right accrued in his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a contract the performance of which would ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement Apri......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
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