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Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....n East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory building and workers quarters and ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh, represented by the Secretary Ministry of Housing and Public Works, Bangladesh Sachibalaya, Ramna, Dhaka and others ............Petitioners Vs......urt Division. In its judgment this court declared the unilateral letter of cancellation of lease and subsequent forceful eviction of the writ petitioner to be without lawful authority and was of no legal effect. Against the said judgment and order of the High Court Division the writ respondents ..Category: Property Law | Date: | Hits: 27
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....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. ......an Enterprise……………………………………..........Appellant Vs. Commissioner of Customs, Chittagong and others........Respondent Judgment July 11, 2005. Lawyers Involved: ......logue No. 94 in tender sale No. 10/97 which was not approved vide the regular memo of approval dated 2.6.1997 (Annexure-"E-1" to the writ petition) and as such the aforesaid approval is illegal and malafide. That it is stated that when the appellant deposited 10% of the earnest money o..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....Adalat No.1, Chittagong allowing the decree-holder bank's application and auction schedule fixing 30.8.2005 as the date of auction and publication of the notice of auction of the petitioner's properties in Chittagong in national "The Dainik Manab Jamin" and local "The Da...... Supreme Court Appellate Division (Civil) Present: Mohammed Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Kaiser A. Chowdhury and others……………………………......../- to the decree-holder bank in 4 (four) equal installments within one year form the date of the delivery of judgment, which was delivered on 3.10.2004, being without any lawful authority and of no legal effect and that the order No. 9 suffers from inherent defect in that the time allowing the pe..Category: Civil Law | Date: | Hits: 102
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....urther amount of Tk. 13,000/- upon making endorsement on the reverse page of agreement, that the defendants delayed the execution and registration of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the ab......d 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)
....mended site plan was supplied on 22.09.1994 before mobilization of the work by the contractor and before samples of materials were supplied on 10.09.1994. The contractor did not mobilize proper manpower and even after supply of the site plan and drawing for temporary shed wit...... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20......,500.00 for salary of 3 nos. Engineer. Therefore the 1st party sustained business loss for Tk.16, 38,017.33; for with holding payment of bill for additional work for 22 months. The 2nd party illegally deducted as VAT Tk.4, 15,418.80 from the bill of the 1st party and as such the amount is r..Category: Business or Commercial Law | Date: | Hits: 129
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......For the Appellant. Golaitt Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 30 of 2002. (From the judgment and order dated 07.08.2001 passes by the High Court Division in criminal Appeal No. 1834 of 1999.)......urt Division and the High Court Division upon consideration of the materials on record dismissed the appeal. 7. Leave was granted to consider the submission that there is no legal ingredients for convicting the appellant under section 302 of the Penal Code, when the High C..Category: Criminal Law | Date: | Hits: 47
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
.... absolute the Rule. The writ petition was filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Se......nt of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Bangladesh Secretariat, Ramna, Dhaka ...........Petitioner Vs. Moslema Khatun and others. ...........Respondents Judgment November 29, 2006 Lawyers Invol......led against the judgment dated March 1, 2001 of a Division Bench of the High Court Division in Writ Petition No. 1045 of 1994 making absolute the Rule. The writ petition was filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in..Category: Property Law | Date: | Hits: 24
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....খি না। আপীলকারী প্রার্থিত প্রতিকার পেতে হকদার হয়”। 9. We are of the view of that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The lear....... ...... trial court on considering the materials on record dismissed the suit and the appellate Court, after discussing all aspects of the case dismissed the appeal and the courts below did not commit any illegality. 3. We have heard the learned counsel and also perused the materials on record. 4. As..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....cting the merit of the suit and further the learned Advocate for the petitioner appearing before the High Court Division could not also point out any such legal infirmity; admittedly the suit property belonged to Lehajuddin who on 5.7.1962 executed the sale deed under challenge and the......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 2005 passed by the High Court Division in Civil Revision No. 389......n of any important document affecting the merit of the suit and further the learned Advocate for the petitioner appearing before the High Court Division could not also point out any such legal infirmity; admittedly the suit property belonged to Lehajuddin who on 5.7.1962 executed ..Category: Property Law | Date: | Hits: 25
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... in the suit jote, the submission of the learned Advocate of the petitioner regarding the maintainability of the suit has no basis. 6. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The......Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam Sayed Ahmed Majumder..........................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyer...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ..Category: Property Law | Date: | Hits: 20
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....r whereabouts; Raj Kumar Paul died in this country in the middle of 1969 leaving the respondent Nos. 1 and 2, his other two sons, who did not go to India; the suit land was never entered into enemy property list and there was also no Gazette Notification enlisting the same as enemy property; afte...... Present: Md. Ruhul Amin J M.M.Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner and others .......................Petitioners Vs. Manindra Kumar Paul and others .........,10 and 11 of 1986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of the Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not binding upon them and they also prayed for recovery of possessi..Category: Procedural Law | Date: | Hits: 68
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Hassan Ameen J Brick Linker's Limited and another …………………Petitioners Vs. T......lending rate of the Commercial Bank prevailing on the date of default will be charged" inserted by the respondent No.1 should not be declared is an act of without lawful authority and is of no legal effect. 3. The petition was filed seeking restoration of gas connection stating that a..Category: Others | Date: | Hits: 92
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....l Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On appeal, the Court of appeal below found that the disputed property is a compact block of land and the plots are contiguous to each other and also contiguous ......te Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mosa. Rabeya Khatun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment Sep......sed by the trial Court. The findings recorded by the Court of appeal below are supported by evidence on record and are based on correct principle of the appreciation of evidence. It found no illegality in the impugned judgment that calls for an interference." In view of the above..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....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. ......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul Islam J Secretary, Zilla Parishad, Faridpur.........Appellant Vs. Md. Lutfur Rahman and others ..........Respondents Judgment March 20, 2005. Lawyers Involved: ......ridpur passed in Title Suit No.84 of 1993 dismissing the same. The suit was filed seeking declaration that the 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. ..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....anullah, predecessor of the plaintiffs, from the allottee of the RAJUK, that the transfer was made by the allottee upon obtaining permission from the RAJUK as back as on January 24, 1988, that the property in suit was allotted by the defendant No. 2 (RAJUK) to certain Khaleda Rahman and the allo...... Present: Md. Ruhul Amin M.M. Ruhul Amin Md. Tafazzul Islam J Rajdhani Unnayan Kartripakkha (RAJUK)………Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: ...... by written order accorded permission to transfer the land to the predecessor of the plaintiffs, that after the transfer was made by the original allottee Khaleda Rahman to Md. Amanullah he RAJUK illegally allotted the land in suit to the defendant No.1 beyond the knowledge of Md. Amanullah and ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
.... making the Rule absolute and the last submission that under section 8B of the (Emergency) Requisition of Property Act,1948 the writ petitioners having withdrawn compensation money for the acquired property cannot get release of the same even if some portion remains unutilised. 6. We have hear......upreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Responde...... 83 of 1960-1961 in compliance with the decision of the authority contained in Memo dated 28-6-1990 (Annexure A) to the writ petition 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..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....ion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966.............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes......g the facts as stated hereinabove. 5. The appellant No. 1 contested the case before the Court of Settlement contending, amongst others, that listing of the property in the Kha list is quite legal. It was the specific case of the appellant No. 1 that after liberation of the country whereab..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. .......Petitioner Government of Bangladesh………………………………….Petitioner Vs. Acqua Foods Limited and others……………………………Re......9 of the Importers, Exporters and Indentors (Registration) Order, 1981. Accordingly, the High Court Division declared the impugned Notification to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged befo..Category: Business or Commercial Law | Date: | Hits: 89
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....fficer concerned by the Metropolitan Magistrate, Dhaka and the District Anti-Corruption Officer only issued notice to the petitioner, under the Order of the Metropolitan Magistrate in the interest of proper inquiry and furthermore, in the reported case the petition of complaint filed before the Chie......ul 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 High Court Division in Writ Petition No. 529 of 2002.) ......tion ÓweKí wU GÛ wU ˆZix K‡i jvB‡mÝ e¨wZZ A‰ea Kvh©µ‡gi gva¨‡g miKv‡ii †KvwU †KvwU UvKv AvZ¥mv‡Zi Awf‡hvMÓ to have been issued without any lawful authority and is of no legal effect. 2. The Memo impugned in the writ Petition has under section 3 (2) of the Anti-Corru..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....the same, which was treated as not satisfactory. Thereafter, an inquiry committee was formed. The respondent No. 2 appeared before the inquiry committee. His case is that his statement was not properly and correctly recorded and his signature was obtained by force. The inquiry committee was......asan J Mohammad Fazlul Haque J Chittagong Jute Manufacturing Co. Ltd……………….Appellant Vs. Chairman 1st Labour Court, Chittagong and others.........Respondents Judgment January 27, 2003. Cases Referred To- ......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. ..Category: Labour and Industrial Law | Date: | Hits: 117
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