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People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....th the provisions of Rule 4 of the chapter VII of the High Court Rules for final decision. Accordingly a Full Bench was constituted. The questions as formulated by the Court referring the case at the time of hearing of the Rule are (1) whether the pecuniary jurisdiction of the District Judge under s......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..

Category: Limitation Law | Date: | Hits: 171

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

.... Certificate' in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the meantime, the Bangladesh Telecommunication Act, 2001 (shortly the Act) came into force on 31.01.2001 an...... 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. ..

Category: Information Technology Law | Date: | Hits: 321

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....ncurrent findings of fact arrived at by the courts below. Leave was granted on the following grounds: - (1)"For that from the facts disclosed in pleadings of the parties it is apparent that time began to run against the plaintiff from the date of execution of the bainapatra and since no ......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..

Category: Tenancy Law | Date: | Hits: 141

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

....ance in the submissions of the learned Advo­cate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......e (Administration), Dhaka (the revisional Authority) were all null and void and that the petitioner is still in service. 2.  The facts of the case, in short, are that the petitioner got appointment on 1-1-1998 as a police sergeant through direct recruitment and joined the Khulna Metr..

Category: Employment/Service Law | Date: | Hits: 91

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....ransport and retired from service in 1989. The petitioner was granted citizenship of United Kingdom in December, 1965 and he got British Passport in 1966 as a citizen of United Kingdom. At the same time he is also a citizen of Bangladesh holding dual citizenship. The petitioner came to Bangla­......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..

Category: Property Law | Date: | Hits: 54

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....edly signed the Letter of Guarantee, DP Note, charge documents, etc. 12. The learned Counsel lastly submits that the facts stated in the writ petition that the Bank could not file appeal in time due to wrong information of the conducting lawyer vide Annexure-"K" and the statemen...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..

Category: Business or Commercial Law | Date: | Hits: 122

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....in the he 'Ka' list of abandoned buildings till October, 1996 and, as such, she could not make any application for release of the same before the Court of Settle­ment concerned within the given time frame. The Government did not take over possession of the case property prior to its inclusion......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..

Category: Property Law | Date: | Hits: 23

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....g them to show cause within 10 days as to why the prayer for temporary injunction should not be allowed. 5. The defendant Nos. 2-7, 9 and 11 appeared in the suit on 13-6-2001 and prayed for time to file written objection, which was allowed and 26-6-2001 was fixed for filing written objec......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

....e judgment dated September 29,1994 of the 1st Court of Settlement, Dhaka. 3. It was the contention of the petitioner that allottee Asgar Ali was very much in Ban­gladesh at all material times and that he died in Bangladesh and that his name was listed in the voter list prepared at dif...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..

Category: Property Law | Date: | Hits: 21

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....institution advances loan to the debtor by taking mortgage of immovable property or by way of hypothecation of movable property and if power of attorney is given to the financial institution at the time of mortgaging or hypothecating the property then, instead of selling the property and adjustin......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

....ovisions of Rule 4 of the Chapter VII of the High Court Rules for final decision. Accordingly, a Full Bench was constituted. The questions as for­mulated by the Court referring the case at the time of hearing of the Rule are (1) whether the pecuniary jurisdiction of the District Judge under ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condo­nation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..

Category: Civil Law | Date: | Hits: 77

Kamrul Islam Vs. State, 2008, 37 CLC (AD)

.... Kamrul Islam Juwel and two gold ear rings and Tk.130.00 from Gulam Dastagir Alias Romel. On query the accused persons could not .produce any valid papers against those arms and ammunition. At that time in presence of security officer of Bangladesh Agricultural University and other persons the a......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ..

Category: Criminal Law | Date: | Hits: 37

Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)

....ot been proved beyond reasonable doubt". 6. The P.W.1, one of the plaintiffs, while deposing in support of plaintiffs' claim of taking settlement of the land in suit stated that at the time of taking pattan Mongal Gazi, Syad Ali, Shahadat, Obaidullah and Hossain Sardar were present b......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

....ification of 6th November, 1986. 2. The writ petition was filed stating, amongst others, that C.S. Plot No.1009 comprises 60 decimals of land and out of that 9 decimals of land were acquired some time in 1920 and the rest was owned and possessed by the recorded tenants namely, Sobhan Matbar and ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..

Category: Property Law | Date: | Hits: 31

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

....he inquiry report that as a sequel to social rivalry between the parties, the complainant-respondent No. 1 lodged the case as a measure of vengeance on them after lapse of a considerable period of time. 4. Being aggrieved by such report, the complainant-respondent No.1 lodged a Narajee pe...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ..

Category: Criminal Law | Date: | Hits: 35

Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)

....sion of pecuniary resources or property disproportionate to his known sources of income and then the Government may require such person to furnish in the prescribed manner and within the specified time a statement of his property and his liabilities and any other information relating thereto, bu......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ..

Category: Criminal Law | Date: | Hits: 29

Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)

....r of dismissal and to restore the petition for leave to appeal to its original file and number. 2. Since the petition filed seeking restoration of the petition for leave to appeal was out of time by 1387 days the petitioner along with the application for restoration filed an application s......delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ..

Category: Procedural Law | Date: | Hits: 71

Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)

....the finding that the pre-emptors are co-sharers and that the Miscellaneous case is not barred by limitation and the pre-emptors have established that they had knowledge about the sale for the first time as asserted by them. As against the judgment and order of the trial Court the pre-emptees wen......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..

Category: Property Law | Date: | Hits: 21

Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)

.... petitioner also examined one witness as D.W.1 and then next date of the case was fixed on 10.7.2004 for delivery of judgment and subsequently the said date was shifted to 25.7.2004 and in the meantime, on 21.7.2004, the petitioner filed an application under Order 26 rule 11 CPC for appointment ...... on 10.7.2004 for delivery of judgment and subsequently the said date was shifted to 25.7.2004 and in the meantime, on 21.7.2004, the petitioner filed an application under Order 26 rule 11 CPC for appointment of an Advocate Commissioner to examine the Accounts of the petitioner maintained with t..

Category: Civil Law | Date: | Hits: 91

Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)

....oral turpitude. He added that the Authority with a malafide intention and without following the laws has taken its decision against the petitioner and the Authority did not apply their mind at the time of issuance of the order. 7. It appears from the record that the petitioner was asked t......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..

Category: Others | Date: | Hits: 91