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ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the C...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed………â......iament for the periods of 1986-1987, 1991-1996 and 2001-2006. 3. The writ-petitioner further asserted-that the notice as evidenced by Annexure-A to the writ petition has been issued malafide and illegally as a part of conspiracy to debar her from contesting the next general election. That the imp..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....efendant No.1's father died on October 15,1982 leaving sons and daughters as well as a wife and although they are the tenants of the suit premises but no notice under section 106 of the transfer of property Act was served upon all of them and they have also not been parties in the suit. It is also...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ......anner of use must be established by convincing evidence." 7. Leave has been granted to consider the submission whether the notice under section 106 of the Transfer of Property Act was properly and legally served on the Managing Partner of the registered partnership and the Firm and whether there ..Category: Tenancy Law | Date: | Hits: 169
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
.... publication of gazette notification dated 20.02.1950 the right, title and interest, if any, of the original owner in the acquired land including the suit plot had already extinguished and once the property was acquired and gazette notification published, the same vested in the government and ca......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed...... the plaint and for further declaration that the Memo No.560 dated 09.06.1984 issued by the defendant No. 6 (Sub Divisional Engineer, P.W.D., Sub-Division No. 1 Tejgaon Industrial Area, Dhaka) is illegal, unlawful, without jurisdiction and not binding upon the plaintiff. 3. The defendants e..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....6.25 paisa. It was submitted before the High Court Division that the Joint District Judge, and Arbitrator while assessing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land i......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart......ing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land in some places and illegally rejected appellants' claim for potential earnings therefrom for the last 35 years amountin..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....rder dated 12.3.1994 of the 1st Court of Settlement passed in Settlement Case No.920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the “Kha” list of abandoned buildings. 2. Facts, in brief, are t......vision (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred t......n favour of Jebunness on the basis of which she sold the case property and also kabala dated 09.04.1973 by which the petitioner purchased the case property and those amply proved that Government illegally included the case property in the list of abandoned buildings. Then after expiry of about e..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......n J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents ......ion 109 of the Penal Code and by helping the petitioner to do so his wife and daughters too committed the same offence. 16. On 18.02.2007 when the petitioner was in custody, the respondent No.2 illegally issued a notice under section 26(1) of the Act V of 2004 upon the petitioner to submit his s..Category: Civil Law | Date: | Hits: 125
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....ade Marks Registry, Dhaka under application No. 1713, 1723, 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, there was no opposition from any quarter and eventually the trade mar......e Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Invo......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..Category: Intellectual Property Law | Date: | Hits: 231
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......es). Not represented-Respondent Nos. 3-5 (In Civil Petition No. 993 of 2005). Civil Petition for Leave to Appeal Nos. 767 & 993 of 2005. (From the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004). ......peration of a telecommunication system as per requirements of the law, the Ministry of Information had to issue the letter with full lawful authority. It is further stated that the NOC had lost the legal basis, if any, after the stipulated time. 5. The respondent Nos. 3 and 4 Bangla..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....nder mouza Dharmapur within P.S.Kotwali DisÂtrict Comilla, measuring 67 decimals of land originally belonged to one Kamini Kumar Roy Chowdhury, who died leaving behind 5(five) sons who inherited the property in equal shares. Late Kamini Kumar Roy Chowdhury took loan from Comilla CoÂoperative Bank ......A.J. Mohammad Ali, Senior AdvoÂcate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 269 of 2003. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993). ......ion of the bainapatra and since no suit has been filed within the prescribed period, the title of the plaintiff extinguished under Section 28 of the Limitation Act, the courts below committed no illegality in the facts of the case in dismissing the suit, the High Court Division on taking an erro..Category: Tenancy Law | Date: | Hits: 141
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....te further submitted that the impugned judgment and order dated 26-6-2005 passed by Administrative Appellate Tribunal in Administrative Appellate Tribunal Appeal No. 8 of 1998 is not based on proper and reasonable construction of law as to the status of the appointing Authority in case...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the......y upon the petitioner dismissing him from service along with recovery of Taka 1, 15,000 and the appeal and revision petition against the dismissal order was duly considered and rejected. No illegality or irregularity has been committed in the proceeding. The petitioner instituted ..Category: Employment/Service Law | Date: | Hits: 91
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ner is directed against the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001 discharging the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the ga....... Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). ......ing the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the gazette notification dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261..Category: Property Law | Date: | Hits: 23
Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)
....aka 300 per month from the date of her birth and will continue to give her the amount till her marriage. 6. 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 ...... Md. Abdul Matin J Abdur Rakib (Md) (Shahin)...........Petitioner Vs. Shertaj Khatun and another...........Respondents Judgment June 16, 2008. Lawyers Involved: ......espondent No. 2 Shahina Khatun is not his daughter and respondent No.1 is a characterless lady and she had an illicit connection and relation with her neighbour Abu Saleh @ Latin and due to their illegal cohabitation respondent No. 2 was born. 3. The learned Assistant Judge, after hearing..Category: Family Law | Date: | Hits: 155
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....eing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the decree dated 17-5-1971 passed in Title Suit No. 94 of 1...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Respondents ......and another decree passed on 20-1-1972 in Title Suit No. 268 of 1971, both from the 2nd Court of the then Munsif, Barisal in respect of the land mentioned in schedule Ka and Ga to the plaint, are illegal, void, collusive and not binding, upon the plaintiff on the averments that the suit land bel..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....1994 of the 1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the...... Md. Tafazzul Islam J Md. Hassan Ameen J Md. Fazlur Rahman.................Petitioner Vs. Chairman, First Court of Settlement, Bangladesh Abandoned Buildings and another ……………………Respon......ult and thereupon, the petitioner moved the 1st Court of Settlement but there also he did not have the desired result. In the afore state of the matter, the writ petition was filed questioning the legality of the judgment dated September 29,1994 of the 1st Court of Settlement, Dhaka. 3. I..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....f the same it is very much hard to believe the defence contention that the suit lands have been duly acquired by the Government under section 20(2) of the S.A. & T. Act, as non-retainable khas properties of the admitted ex-Zamindar". The appellate Court also observed that although conte......ision (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh ……….....Appellant Vs. Ershad Ali Moral and others …………....Respondents Judgment January 11, 2005. ......ision was in error in setting aside the finding of fact arrived at by the Court of appeal below which is the final Court of fact upon shifting the onus on the defendants and that in the absence of legal infirmity in the finding of fact arrived at by the Court of appeal below in respect of settle..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982). 4. It was the primary contention of the writ-petitioner that the Government only to deprive her from proper compensation has made the correction in the Gazette Notification and that the correction so m......lso Reported in: 16 BLT (AD) (2008) 190. ......9 .51 acre is to be written in place of .45 acre of land and as such the writ-petition so filed is a misÂconceived one and that the contention of the writ-petitioner that the correction so made is illegal and malafide is not correct and the further contention was that writ petitioner's land in fact..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
.... Act, 1957 (the Act) can only be issued when the Government is satisfied, that there is reason to believe that a person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income and then the Government may require such p...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain……&he......he aforesaid Memo was issued by the writ Respondent No. 2 as per provision of section 4(1) of the Anti-Corruption Act, 1957. 2. The writ-petitioner is a businessman and pays Income Tax. The legality of the Memo, mentioned hereinbefore was challenged on the ground that law requires that su..Category: Criminal Law | Date: | Hits: 29
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....e was cast against the resolution for removal of the petitioner. Thus, the Authorized Officer accepted the resolution of no-confidence against the petitioner. All the proceedings were performed in proper and appropriate manner and it is clear from the Annexures and other papers that the Aut......r. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No. 6093 of 2004). ......ed Counsel, appearing for the petitioner submitted that impugned Memos ( Annexure-A and A I of the writ petition) are arbitrary, malafide, discriminatory and without lawful authority and are of no legal effect inasmuch as per Section 12(2) of the Local Government (Union Parishad) Ordinance, 1983..Category: Others | Date: | Hits: 91
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ...... Mohammad Fazlul Karim J. - Government of Bangladesh represented by the Secretary, Ministry of Establishment and others are the appellants in this appeal by leave against the impugned judgment and order dated......unicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition against the said impugned Memo dated..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ...... Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented- Respondent Nos. 2-8. Civil Petition For leave to Appeal No.1740 of 2006. (From the judgment and order dated 31.8.2006 passed by a Division Bench of the High Court Division in Writ Petition N......ication Board ordinance, 1977. She next submits that the High Court Division erred in law in failing to consider that since the writ petitioner was removed from his post in compliance with all the legal formalities as laid down in By-Laws of the Rural Electrification Board the order of removal w..Category: Election Law | Date: | Hits: 84
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