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Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)

....ion No. 4334 of 1998 discharging the Rule. 2. The short fact leading to the filing of the leave petition is that the suit land is origi­nally recorded as Government khas land during the time of CS operation. The suit land was sold in auction for arrear of rent in Certificate Case No. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..

Category: Property Law | Date: | Hits: 20

State Vs. Nurul Amin, 2006, 35 CLC (AD)

.... that there was discrepancy in the list of parcels. 9. In support of the appeal Faisal H Khan, the learned Deputy Attorney-General reiterated the submissions made on behalf of the appellant at the time of issuing the leave order. 10. He then placed the evidence of witnes­ses and submits, inte......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..

Category: Anti-Corruption Laws | Date: | Hits: 173

Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)

....is an abandoned property which means that the original owner was either not present in Bangladesh or his whereabouts were not known or he ceased to manage or occupy the property in question at the time when the Present's Order No. 16 of 1972 was promulgated, that is on16-2-1972, and this presump......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ..

Category: Property Law | Date: | Hits: 29

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

....e of the process of justice in order to claim right of audience against the process of the Court issued against him. 14. This view is the age-old judicial norm and convention in our Court from the time immemorial and this view finds support in the decision in the case of Cand Shah vs. Crown repor...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..

Category: Anti-Corruption Laws | Date: | Hits: 139

Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)

....d Advocate appearing for the present petitioner submitted that the respondent No.1 raised no written objection to the Returning Officer or the Presiding Officer for recounting the ballot paper at the time of counting votes. It is now settled principle of law that in order to make out a case for reco......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..

Category: Election Law | Date: | Hits: 159

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

.... by the prosecu­tion. 7. The defence case as could be gathered from the trend of cross-examination is total denial contending, inter alia, that no occur­rence took place on the date, time, place and in the manner as alleged but they have been falsely implicated in the case out of e......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ..

Category: Criminal Law | Date: | Hits: 22

Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)

.....03.1988 and as such the rent deposit case was not legally and validly started. The trial court further found that the peti­tioner deposited the rent for the month of January and February, 1981 at a time and then the rent for June-July, 1988 on 23.08.1988, rent for September and October, 1988 was d......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ..

Category: Tenancy Law | Date: | Hits: 148

Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

....int properties of the defendant No.5 and the plaintiff in the year 1968 the suit land feel in the share of he defendant No.5; on receiving the summons of the suit the defendant No.5, for the first time, came to know about the alleged kabalas in favour of the plaintiff alone. The trial court, aft......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ..

Category: Property Law | Date: | Hits: 23

Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....ontested the Rules on making oral submissions for the effect that the leases granted to the peti­tioners were initially for a period of one year and in some cases those were extend­ed from time to time for one year at a time but the period of all the leases have already expired in the ye......llegality or infir­mity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..

Category: Others | Date: | Hits: 101

Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)

....as published in the daily Karnaphuly on 01.06.2004. The further case is that the Chittagong University has a Planning Committee which is generally composed of one-third of the total number of full time teachers in order of seniority, with a minimum of three members and one of the primary functio......to the cost award­ed by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861.   ..

Category: Civil Law | Date: | Hits: 134

Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)

.... 3 violated the award of the 'salish', that pre-emptor and others had the knowledge about the deed from very beginning and as such contention of the pre-emptor knowing about the deed for the first time on September 1, 1989 is not correct and as such the Miscellaneous case is liable to be dis­...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..

Category: Property Law | Date: | Hits: 19

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

....t page 126 finally acquiring 31.46 acres of land (by correc­tion of the notification No.901 wherein total quantity of land was mentioned 29.77 acres) could not be gathered and discovered at the time of hearing of the writ petition and as such could not be placed before the Court and that the ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..

Category: Property Law | Date: | Hits: 56

Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)

.... 1976 seeking declara­tion of title and the defendants of the said suit filed written statement and thereupon the plaintiffs of the said suit withdrew the suit on January 30, 1981, that at the time of R.S. survey defendant Nos.1 and 2 in collusion with the survey officials got attested Khati......not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ..

Category: Property Law | Date: | Hits: 25

Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)

....he application has been filed beyond the period fixed by the Court for filing the decrees of the courts below and that decree of the court below, i.e. trial Court, having not been filed within the time fixed by the Court the Rule stood discharged since the order of the Court was of the kind whic......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..

Category: Family Law | Date: | Hits: 173

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

...., Ministry of Law, Justice and Parliamentary Affairs requesting him to grant them the status and scale of pay granted to the P.A.-Cum Stenographers working in the Secretariat which scale in the meantime was enhanced to Tk. 3400-6625/- and the Ministry of Law then referred the matter to the Minist......of Bangladesh; that 01.07.1991 under the New National Pay Scale the respondent and other employees of his cadre and grade in the Supreme Court of Bangladesh and those in the Ministry were given pay scale of Tk. 1475-3150/- with effect from 01.06.1991 and the scale of pay was enhanced both for th..

Category: Employment/Service Law | Date: | Hits: 104

Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)

..... 1. 3. In rectification case No. 249 of 1998 the case of the applicant respondent No. 2 Tripty Industries Limited is that it was a company incorporation under the (Companies Act and at the time of incorporation of the said company it had intention in its mind to diversify its business am......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ..

Category: Intellectual Property Law | Date: | Hits: 172

Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)

....ns and finally made allotment on August 13, 1998 for 99 years. The land so allotted is 7.24 square yards. The Government fixed the price and there was option either to pay the price so fixed at one time or by five installments, that the allottees i.e. Respondent in the respective leave petitions ......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ..

Category: Property Law | Date: | Hits: 27

Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)

.... in pursuance of the said power under section 3 of Act No. 10 of 1974 Ministry of Jute vide notification No. S.R.O. 432-L/85 dated 3.10.1985 and notification No. S.R.O. 246-Ain/93 dated 20.12.1993 time to time fixed the wages and other benefit of the workers and also provided a list of such work......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..

Category: Labour and Industrial Law | Date: | Hits: 77

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

....e clearest;  (e) In order to sustain the presumption of constitutionality the Court may take into  consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation......nutes selecting and recommending some 46 (Forty Six) officers who are junior to the appellants for promotion to the posts equivalent to the District level officers of the Livestock Directorate in the scale of Taka 4800-7250/- vide Annexure 'P' should not be declared to have been made without lawful ..

Category: Employment/Service Law | Date: | Hits: 133

Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)

.... before the Wealth Tax Appellate Tribunal and the Appellate Tribunal by an order dated 22.03.2000 dismissed the appeal on the ground that the appeal made before the Joint Commissioner of Taxes was time barred. 4. In the circumstances, the applicant before the High Court Division formulate...... reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ..

Category: Fiscal/Taxation Law | Date: | Hits: 67