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Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)

....handra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 Not represented-Respondent Nos. 3-82. Civil Petition for Leave to Appeal No. 164 of 2006. (From the judgment and order dated the 6th day of December, 2005 passed by the High Court Division in Civil Revision No. 2638 o......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......mmad Nawab Ali, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 Not represented-Respondent Nos. 3-82. Civil Petition for Leave to Appeal No. 164 of 2006. (From the judgment and order dated the 6th day of Decem..

Category: Property Law | Date: | Hits: 21

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

....Appellant. A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Appeal No.108 of 1999. (From the Judgment and Order dated February 1, 1999 passed by the High Court  Division in Civil Revision No. 1182 of 1997)......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... 1 Memo. No.13/Sa dated 11.7.1993 issued by the defendant No.1 (herein appellant) is illegal, nul and void, in operative, without jurisdiction and not binding upon the plaintiff. 2. By the aforesaid Memo, the defendant No.1 cancelled the Memo bearing No. 126/6 dated 18.9.1990. The author..

Category: Civil Law | Date: | Hits: 107

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)

.... Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passed by the High Court Division in Civil Revision No. 1910 of 2003). ......hat plaintiffs' predecessor was the owner of the land and to that effect intimation was made to the RAJUK. It was also contended that cancellation of allotment was made illegally without having any notice to either Khaleda Rahman or Md. Amanullah. It was further contend­ed that after purchase......ondents Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passe..

Category: Property Law | Date: | Hits: 30

Bangladesh Bank and another Vs. Administrative Appell­ate Tribunal, 1991, 20 CLC (AD)

....209; Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th June, 1989 passed by the Administrative Appellate Tribunal in Appeal No. 38 of 1988 setti......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......he Respondent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th..

Category: Administrative Law | Date: | Hits: 180

Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)

.... the Appellants. Syed Mahbubur Rahman, Advocate-on-Record— For Respondent Nos. 1-5. Not represented—For Respondent Nos. 6-57. Civil Appeal No. 2 of 2002. (From the Judgment and Order dated December 2, 1997 passed by the High Court Division in Civil Revision No. 3504 of 1991). Jud......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for permanent injunction. The suit was filed making averments that land measuring 5.04 acres belonge..

Category: Limitation Law | Date: | Hits: 171

Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)

....d, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For Respondent No. 2. Not represented—Respondent No. 1. Civil Appeal No. 16 of 2003. (From the judgment and order dated 31-8-1997 passed by the High Court Division in Writ Petition No. 1804 of 1994). Judgment ......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......tition stating, inter alia, that the writ petitioner-respondents are the legal owners of the acquired land situated in Mouza South Kattali, PS Pahartali, District-Chittagong and the same was acquired for housing estate and for construction of link road. After the said acquisition only about 46 decim..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....e Appellants. Golam Mohiuddin, Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2000. (From the Judgment and Order dated July 19, 1992 passed by the High Court Division in Writ Petition No. 336 of 1987). Ju......t he was not able to furnish the deed of agreement which was the basis of the ex parte decree and the kabala, and that the Court of Settlement did not refer to any other aspect of the case, that no notice was issued upon the petitioner before enlisting the property in the Kha list as required by ......hy;tan. It is the case of the respondent that while said Mr. SM Hasan was owning and possessing the property in question he, on August 1,1973, entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,000 executed a deed of agreement..

Category: Property Law | Date: | Hits: 32

Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)

.... the Petitions). Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ......aints to the Export Promotion Bureau, briefly the EPB, without raising any objection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter brought the matter to the notice of the Government in the Ministry of Commerce who gave direction to the Controller of Import......Mvi Md Wahidullah, Advocate-on-Record— For Respondent Nos. 1 & 2 (In both the Petitions). Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 Februar..

Category: Business or Commercial Law | Date: | Hits: 89

Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)

....r the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 228 of 2004. (From the Judgment and order date 7-7-2003 passed by the High Court Division in First Appeal No. 456 of 2000). Judgment Am......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ...... the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appell..

Category: Property Law | Date: | Hits: 41

Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)

...., QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court Division in Writ Petition No. 529 of 2002.) Judgment......e Bureau of Anti-Corruption, Dhaka containing allegation of mis-appropriation of crores of government funds resorting to illegal activities by way of setting up an alternative T&T and by the said notice petitioner was asked to appear with the papers mentioned in the Memo before the Bureau of Ant......Referred To- 51 DLR 72. Lawyers Involved: Ajmalul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....                  Mohammad Fazlul Karim J. - The plaintiff seeks leave to appeal against the impugned judgment decree dated 9-5-2001 passed by the High Court Division in Second Appeal No. 548 of 1978 disposing of the ......nt stating, inter alia, that the suit is bared by limitation and barred by the principles of res judicata. Their further case is that all the statements made in the plaint are false; that summons/notice/process of the Title Suit No. 18 of 1956. Title Suit No. 49 of 1958. Miscellaneous case No. ......n Amin, Advocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment        &n..

Category: Property Law | Date: | Hits: 102

Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)

.... Appellant. ASM Khalequzzaman, Advocate-on-Record—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 48 of 1998 (From Judgment and Order dated 12-11-1997 passed by the High Court Division in Writ Petition No.1543 of 1990). Judgme......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......e appellant company to re-instate the respondent No. 2 in his service with 10% back wages and attending benefits. 2. The respondent No.2 as complainant filed complaint Case No. 124 of 1987 before the 1st Labour Court Chittagong, stating, inter alia, that he was a permanent worker of the a..

Category: Labour and Industrial Law | Date: | Hits: 117

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

....llah, Advocate-on-Record—For the Respondent (In Civil Petition No. 94 of 2008). Civil Appeal No. 1 of 2008 With Civil Petition Nos. 53, 183, 17, 94 of 2008. (Form the judgment and order dated 21st November, 2007 passed by the High Court Division in Writ Petition Nos. 6854 of 2007, 1034......008. The Constitution of the People’s Republic of Bangladesh, Article 35(4) The Anti Corruption Commission Act, 2004, section 26(2) The Anti Corruption Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 as...... the two major political parties of the country. She was the Prime Minister of the Government of Bangladesh during the period between 1996-2001 and also the leader of the opposition in the Parliament for the periods of 1986-1987, 1991-1996 and 2001-2006. 3. The writ-petitioner further asserted-th..

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

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....on-Record- For the Appellant A.K.M. Abdul Hakim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 165 of 2000. (From the judgment and order dated December 2, 1997 passed by the High Court Division in Civil Revision No. 1056 of 1995). Jud......ding for her own use and occupation since she or her husband has no house in Chittagong or Dhaka or any where else except the paternal joint family house of her husband in Chittagong; that she served notice under section 106 of the Transfer of Property Act terminating the tenancy and requesting the......uit No.3 of 1989. Plaintiff filed the said suit seeking eviction of the monthly tenant on the ground of default in the payment of rent as well as on the ground of bonafide requirement of the premises for her own use and occupation upon construction of a modern residential house. 2. Plaintiffs cas..

Category: Tenancy Law | Date: | Hits: 169

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

....ab Hossain, Advocate-On–Record- For the Respondent Nos. 1-3. Not represented- Respondent Nos. 4-8.   Civil Appeal No. 209 of 2003. (From the judgment and order dated 20.04.2002 passed by the High Court Division in Civil Revision No. 1578 of 1993). Judg......os.1-3 submitted that the Executive  Engineer, P.W.D. Development Division-1, Dhaka vide memo No. 615 dated 21.01.1950 recommended for release of the all lands out of alignment and accordingly notice under Rule 10(2) of the (Emergency) Requisition of Property Rules,1948 was issued. The learn......ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declar..

Category: Property Law | Date: | Hits: 25

Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....ent No. 1 (In all the cases) Not represented- For Respondent Nos. 2-23 (In all the cases) Civil petition for Leave to Appeal Nos 1665-1667 of 2003. (From the judgment and order dated 09.02.2003 passed by the High Court Division in Civil Revision Nos. 2218, 2219 & 2220 of......ee, Md. Nurul Haque Howlader, being a stranger in the case holdings, purchased the same from other co-sharers by three registered kabalas dated 13.05.1974,12.08.1975 and 20.10.1975 without serving notices under section 89 of the E.B.S.A. and Tenancy Act upon the pre-emptor and other co-sharers. ......In all the cases) Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 (In all the cases) Not represented- For Respondent Nos. 2-23 (In all the cases) Civil petition for Leave to Appeal Nos 1665-1667 of 2003. (From the judgment and order dated 09.02.2003 pas..

Category: Property Law | Date: | Hits: 25

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

....; Abu Bakkar Siddique, Deputy Attorney General instructed by Sajjadul Huq, Advocate-on-record- For the Respondent.   Criminal Appeal No. 52 of 2003 (From the order dated 14.11.2000 passed by the High Court Division in Criminal Appeal No. 1068 of 1997.) Ju...... particular, who categorically stated that victim Saiful had illicit connection with the wife of one Sabed Ali of village-Mahatala for which several Shalish baithaks were held. They also failed to notice that during autopsy the Medical Officer did not find the penis with the scrotum of the victi......No.142 of 1993 by the learned Additional Sessions Judge, First Court, Mymensing convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk.5,000/- each in default to suffer rigorous imprisonment for 6(six)..

Category: Civil Law | Date: | Hits: 87

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....pondent No.1 (In Civil Appeal No. 142 of 2005) Not represented- Respondent No.2 (In Civil Appeal No. 143 of 2005) Civil Appeal Nos. 142-43 of 2005. (From the judgment and order dated the 3rd day of April, 2004 passed by the High Court Division in First Miscellaneous Appeal N...... appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case stating, inter-alia, that the appella......rbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of noti..

Category: Property Law | Date: | Hits: 37

Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)

....iswas, Advocate-on-Record- For the Petitioner.   Not represented- the Respondents. Civil Petition for Leave to Appeal No.399 of 2007. (From the judgment and order dated 04.02.2007 passed by the High Court Division in Civil Revision No. 1022 of 1988.) Judg......on 10.01.2007 for non- compliance of Court’s order for taking steps for engaging new Advocate as the Advocate earlier engaged died. It is on record that after the death of engaged Advocate, a notice in From N-10 was served upon the petitioner but the Tadbirkar Mr. Joydev Chandra Saha could ......t July 22, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner.   Not represented- the Respondents. Civil Petition for Leave to Appeal No.399 of 2007. (From the judgment and order dated 04.02.2007 passed by ..

Category: Others | Date: | Hits: 92

Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)

.... Ibrahim Khalil, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Civil Petition For Leave To Appeal No. 1527 Of 2006. (From the judgment and order dated 15.5.2006 passed by the High Court Division in Writ Petition No. 848 (B) of 2002). Ju......r has been possessing the case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr. Abdus Salam or hi...... Petition No. 848 (B) of 2002). Judgment                   Md. Tafazzul Islam, J.-  This petition for leave to appeal is directed against the judgment and order dated 15.5.2006 of the High Court Di..

Category: Property Law | Date: | Hits: 26