Search Options
Judgment Advanced Search
Displaying 3981-4000 of 5586 results.
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ourt Division and other papers on record. 16. It appears that the petitioner did not furnish the security money as required under the Nitimala and therefore his very application was not in proper form. Moreover the petitioner does not have any right to get the lease as prayed for. ...... ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
....of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitlement to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession.
3. The......
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Nazrul Islam and another…………..Petitioner
Vs.
Secretary, Ministry of Public Works, the Peopl......tiff. The plaintiff’s predecessor was only an allottee under the Government having no right or interest in the property itself.
In such circumstances the High Court Division committed no illegality in dismissing the appeal.
We find no substance in this petition which is according..
Category: Property Law | Date: | Hits: 23
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....n the saham of Afsin Matbar on a subsequent mutual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed d...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A......anj, against the appellant hereof as defendant No.1 and the respondent Nos.4-6 hereof as defendant Nos.2-4, praying for declaration that the judgment and decree passed in Title Suit No.9 of 1998 is illegal, not valid, fraudulent and not binding upon the plaintiffs contending, amongst others, that ..Category: Property Law | Date: | Hits: 37
....reign exchange, rather export of the same would help earn foreign exchange for the country."
14. In such view of the matter the High Court Division held that withholding of the license was not proper and legal and made the Rule absolute with direction
upon the respondent to grant the requi......ted in: VII (ADC) (2010) 132.......ed the company filed Writ Petition No.1119 of 2004 and the High Court Division by the judgment and order dated 06.04.2004 made the Rule absolute declaring cancellation of the registration by BOI as illegal and in Civil Petition for Leave to Appeal No.856 of 2004 filed by the writ petitioner for expu..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
.... on 01.09.2001 in the "Daily Ittefaq" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including building, structure, tree etc. standing on such plots. In the said tender 9 (ni......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......ta: dated 14.08.2003 issued by the respondent No.5. Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- "Let a Rule Nisi issue calling ..Category: Limitation Law | Date: | Hits: 154
.... wherefrom the respondent No. 2 was made to retire from his service, in accordance with law, when he already completed duration of his service and he was paid all the service benefits after legal and proper calculation of the same, for his period of service from the date of his appointment upto the ......llate Division
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another…......16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giving benefit of pension and gratuity etc. and it is alleged that..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....p shod manner without noticing that alleged genealogy in the plaint was incomplete as it was to cover a period over a century and that the impugned judgment of the lower appellate Court was not a proper judgment of reversal having regard to the trial court's findings upon consideration of th......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....possession was accordingly delivered to him. Since purchase appellant has been living in the building with his family by paying rents, dues and taxes etc. He also mutated his name after purchase; the property was surveyed on many occasions by the Government Officials who noted down the particulars......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......wner could not be declared as abandoned property and as such the inclusion of the property in the 'Kha' list of abandoned building has been done without any lawful authority and the same is of no legal effect and leave was granted to consider the submission. 7. We have heard Mr. Mahbubey Al..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... executed by donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase...... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ......d money and he constructed pucca building thereon. While Md. Sadeq was in possession of such land he died leaving behind 2 wives, 5 sons and 3 daughters and his father Munshi Imamuddin Dewan as his legal heirs and successors. Munshi Imamuddin Dewan was an old man of 85 years who had practically lo..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent ...... petitioner before the tribunal and the Administrative Appellate Tribunal allowed the appeal in pail with modifications. 8. In the above facts and circumstances of the case, we do not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The ..Category: Employment/Service Law | Date: | Hits: 67
....in-opposition and stated that the customs authority did not demand customs duly @ 37.5% but took steps to ascertain the nature and character of the imported goods for the purpose of fixation of proper duty and that the imported goods described as Solvitose DK. is the trade name of the product.......) 65.
......le finishing agent' but those are 'modified starch', for which the rate of customs duly is fixed at 37.5% whereas the rate of duty for textile finishing agent is 5% and that the goods were seized illegally without any valid document and without issuing any seizure list. In the supplementary affi..
Category: Fiscal/Taxation Law | Date: | Hits: 253
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....from using the words "BISCIC Tongi" or বিসিক টঙ্গী on the body of the fan or the packages/cartoons of the said fans. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......ul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Abdul Aziz J Md. Nazrul Islam ............................Petitioner Vs National Fans Limited and another…………........Respondents Judgment June 21, 2009. Lawyers Inv......or the packages/cartoons of the said fans. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petitio..Category: Intellectual Property Law | Date: | Hits: 211
....ission of the PSI Agency is not sustainable in law since no Rule has been framed in that regard or no SRO has been issued relating to the matter of charging VAT on the service of PSI Agency, that a proper construction of the Second Schedule would show that PSI Agency should be treated as being par......t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd.......eclaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as Pre-shipment Inspection Agencies to have been passed without lawful authority and of no legal effect.
2. In Writ Petition No.3475 of 2002 the writ-petitioner impugned the Memo, being ..
Category: Fiscal/Taxation Law | Date: | Hits: 95
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......n (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State........................Petitioners Vs. Haque alias Abdul Hoque and others.......Respondent Order February 24, 2010. Lawyers Involved: ......ll be slow in granting consequential relief under section 498 on an application for anticipatory bail. The reasons of these respondents-petitioners for anticipatory bail are misconceived and has no legal footing. In that view of the case, this leave petition is disposed of and Criminal Misc..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
....he disposal of the rule. The writ petitioner is directed to surrender before the Special Judge, Court No.9, Dhaka within 6(six) weeks from date failing which, the learned Special Judge shall take proper steps for the apprehension of the writ petitioner. This petition is disposed of with the a......vision (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J MM Hossain J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, ......due process of the Court and unless he surrenders to the jurisdiction of the Court, the Court will not pass any order in his aid. In view of the above, the learned Judges of the High Court Division illegally entertained the writ petition and stayed further proceedings of the case. The order of s..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......II ADC (2011) 288, 16 MLR (AD) (2011) 129.......Jalal Uddin Chowdhury and others………………Respondents Judgment March 17, 2009. The Dhaka University Order, 1973 (President's Order 11 of 1973), Article 52 An appointment made by a legally constituted committee under Dhaka University Order, 1973, can be reviewed and set aside only..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... 217. ...... arbitrary (c) there was no objective basis of fixation of the value of CDSO and CPO, imported by the respondents for the purpose of assessment of customs duties (d) the customs officials acted illegally in giving direction to the respondents to declare value at a value which the authorities fix..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ession and notaries.
26. Legal aid to the poor, defence of paupers and undefended accused.
27. Marriage and divorce, infants and minors, adoption, joint family and partition.
28. Transfer of property.
29. Registration.
30. Appointment and terms and conditions of service of Administrat......Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe......o more a judicial officer and is not entitled to return back to his former service, but for that matter is not clear at all as to why and how his appointment as Secretary-in-charge shall have to be Illegal. The post of the Secretary of the Ministry of Law, Justice and Parliamentary Affairs is not a ..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ted by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High Court Division in Civil Revision No. 3872 of 2004.) ......f the State Acquisition and Tenancy Act, is a special provision and accordingly held that the deposit not being made within time allowed, there is no scope to extend such time and deposit made is not legal and that the high court division arrived at an erroneous decision since failed to appreciate t..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
.... 25.08.1924 and delivery of possession through court on 22.08.1924. Matang Moyee gave raiyati settlement of the same to one Abdul Gafur Munshi, the predecessor-in-interest of the plaintiff in lieu of proper salami on 12.06.1954 and 15.11.1955 respectively and delivered possession of the suit land to......ported in: 15 MLR (AD) (2010) 17. ......nd was never sold in auction. The suit land originally belonged to Proshanna Kumar Dey, the husband of Matang Moyee and this Prosanna Kumar Dey died leaving behind only son Sachindra Kumar Dey as his legal heir and his widow Matang Moyee was not entitled to get any property except life interest. Sac..Category: Property Law | Date: | Hits: 34
35773575357235713570356935683567356635643563356235613557355535543553355235513550