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Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....rest from the date of decree on the principal sum adjudicated by the award and confirmed by the decree. In the Arbitration Act there is no provision which confers power on the Court to grant interest prior to the date of the decree by the Court itself. Hence on the basis of section 29 of the Act it ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......ocated very close to the land in question that specific purpose of the acquisition would be placed before the Central Land Allocation committee at the time of obtaining final approval and as such the Ministry of land has accorded the approval for acquisition of the land in question subject to the ap..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....g as Deputy Controller of Examination (Secondary School Certificate) since 8th January, 1994 and the constituted Enquiry Committee did not hear the petitioner on any particular allegation and also no prior notice was issued upon the said petitioner asking him to show cause. Writ­-respondent No. ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......oner was put under suspension on the allegation of corruption in the examination and also for negligence of duty. While the writ‑petitioner was serving as Deputy Controller of Examinations, the Ministry of Education, Government of Bangladesh issued circular No. 4/91/88/762 dated 10‑8R..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....ting an undertaking in writing. DW 1, however, has not denied the signature on Exhibit A but sought to explain the same saying that it is not an undertaking, the relevant letterhead of the company is prior to 1980 when the company was incorporated. The letterhead of Exhibit A(1) is of after 1980. Pr......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......gation of the alleged forgery it would have been clearly an act without jurisdiction. The learned Counsel further submitted that before filing the appeal in the Administrative Appellate Tribunal, the Ministry of Law, Justice and Parliamentary Affairs opined under Memo No. SOL/80 Opinion 17/1999̴..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ...... and section 5 of Wireless and Telegraphy Act, 1933.  Since no was obtained from Ministry of Post and Telecommunications and no apparatus was imported by the ETV Ltd. after obtaining licence and clearance from that Ministry, the licence is illegal. The petitioners further claimed that under the......to be briefly stated for a proper appreciation   of the   grounds   urged   by   the petitioners for review of the judgment.  3. In 1998, Ministry of Information invited tenders, by publishing a notice dated 6-5-1998, from local and forei..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....provement Trust, filed a written statement denying the material allegations contained in the plaint and stating, inter alia, that DIT does not recognize any agreement to transfer DIT lands without prior permission and without pay­ing the transfer fee as per mandatory provisions stipulated in t......ut of total consideration money the respondent No.1 paid Tk. 50,000/- (Taka Fifty thousand) as earnest money on 11.7.1970. It was stipulated in the agreement for sale that after obtaining necessary clearance certificate from Dhaka Improvement Trust, She would execute and register a deed of sale i...... ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......it assessed the loss under the corporation as compensation. After negotiation, the corporation addressed letters dated 14-5-2000 and 16-5-2000 to the plaintiff informing that under instruction of the Ministry it agreed to pay compensation of US$ 614,855.25 and further US$ 1000,000 for loss of goodwi..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....hile agreeing with the judg­ment of the court written by his Lordship the Chief Justice has observed "In the Arbitration Act there is no provision which confers power on the court to grant interest prior to the date of the decree by the Court itself........The Arbitrator could not grant future i......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....him in the same room. The defence argument of total denial is not credible in the face of corroborating statements by PWs 7 and 8 that she was kept in the residential hotel at night in the same room, prior to which the accused introduced himself to the hotel staff as the husband of the victim. 20......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......sdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents  Judgment..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ...... Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents   Judgment July 24, ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

....anagement & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10   The Transfer of Property Act, 1882 (IV of 1882) Section 53A   The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but t......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ...... (Civil)  Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J  Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ......p;                             Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents   Judgment July..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....ment to BTV giving undue and unlawful financial benefit granted to ETV Ltd at the cost of public exchequer and also that BTV, being a key point installation, the use of BTV premises by ETV without prior permission from Key Point Installation Defence Committee, was unlawful and detrimental to the......nd Telegraphy Act, 1933. The petitioners alleged that since no licence was obtained from Ministry of Post and Telecommunications and no apparatus was imported by ETV Ltd after obtaining licence and clearance from that Ministry, the licence is illegal. The petitioners further claimed that under t......e Nisi was issued in Writ Petition No. 5050 of 2001 by the High Court Division calling upon the respondents to show cause as to why the licensing agreement dated 9-3-1999, signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud, respondent No. 7, Annexure-F of th..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....lic for the wrong to be remedied. It is further contended that the report was published in good faith and bona fide in public interest and without any malice. It enjoys the qualified privilege. A day prior to the publication of the report in question the daily Janakantha had also published a similar......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

.... of abduction or kidnapping with intention of marrying the victim forcibly as contemplated under section 9(Kha) of the Act no case was initiated within four months though the informant and others had prior knowledge about marriage conviction and sentence are not well founded. In this respect he ment...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ......he case house leaving behind the petitioners as his only heirs. The petitioners had lived in the case house by paying rent to the Government till 24‑4‑1975 on which date a Deputy Secretary of the Ministry of Public Works forcibly evicted the petitioners although the house was not enlisted as an ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......hat the land in question could be released on return of compensation money paid to the owners. Since the land was not released even after the report the petitioners made further representation to the Ministry but the property was not released or derequisitioned. Being aggrieved the petitioners moved..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....ow as well as the impugned judgment of the High Court Division and thereafter he submitted that in view of concurrent findings of fact as to possession of the suit property by the plaintiff appellant prior to the giving of the so called lease by the government in the above mentioned VP Case No. 15(J......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181