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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. ...... in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Export..Category: Business or Commercial Law | Date: | Hits: 89
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
.... of the High Court Division dismissed the appeal as aforesaid. 5. Leave was granted to consider the submission that the learned Subordinate Judge wrongly dismissed the suit on misconception of the provisions of sections 39 and 42 of the Specific Relief Act and also the provision of Evidence Act a......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......of the defendant, the plaintiff cannot succeed in the suit, the High Court Division totally failed to consider that aspect of the case and decreed the suit on mere presumption and thereby erred in law. 6. M Sultan Ahmed, the learned Counsel appearing for the respondents has, however, subm..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....ot come within the ambit of the Anti-Corruption Act, 1957 and the allegation lacks detail and that the allegations made in the Memo are vague, unspecified and not covered by section 3(2) or any other provisions of the Anti-Corruption Act, 1957, that the Memo, is a malafide one and that the action of......e inquiry as regard the allegation 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 s..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ....... Akram Hossain Amin, the learned counsel appearing for the petitioners, submitted that the ex parte decree not being divisible in a suit for declaration of title, the High Court Division erred in law in modifying the judgment and decree be of the trial Court duly affirmed by the appellate Court..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....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. ......h Court Division acted wrongly in affirming the judgment and order of the Labour Court, when the Labour Court, in fact, sat as a Court of appeal over the inquiry held without any violation of law and procedure." "The learned Advocate submits that the domestic inquiry was ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....vailable materials and for which she also obtained extension of period for further 7 days. 4. The respondent further asserted that the impugned notice dated 17-7-2007 is not in accordance with the provisions of law. 5. The writ-petition was contested by the writ-respondents i.e. appellants, an......Court Division in Writ Petition No. 6854 of 2007 making the Rule absolute was ordered to be heard along with CP Nos. 53,183, 17 and 94 of 2008 since facts are more or less similar and the question of law involved common. 2. The facts, in short, are that the respondent in the appeal as petitioner ..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
.... fact that Firm, defendant No.2, is a registered partnership Firm and defendant No.1 is the Managing Partner of the Firm- defendant No. 2 in our opinion the High Court Division upon misconstruing the provision of Rule 1of Order 30 of C.P.C. erred in holding that the suit is bad for defect of party. ......deration of the evidence of the parties decreed in the suit upon arriving at the findings that the notice served under section of 106 of the Transfer of Property Act, 1882 is quite in accordance with law and also sufficient and the same was duly served on the defendants; that the defendants have def..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....rding this principle of law. Accordingly we need not discuss the cases cited by the learned Additional Attorney General on this point. 13. In view of our discussions above, we hold that the provisions of Article 143(1) (c) of the constitution are not attached in the present case as the re......pectively in the High Court Division in Dhaka. By judgment and order dated 30.07.1992 the High Court Division declared the enlistment of the case properties in the' 'Ka' list as illegal and without lawful authority. It was further held that the respondent had proved before the Court of Settlement..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....n the instant case the validity of acquisition of the property in question has not been disputed. He next submitted that the undisputed position is that the property in suit was acquired under the provision of (Emergency) Requisition of Property Act, 1948 and to that respect gazette notification......nt 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 entered ap..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......rst allowed exparte on 17.07.1976 & 11.03.1978. On obtaining the ex parte orders of pre-emption in his favour, the pre-emptor No.1 transferred the entire case lands to Mesbah Uddin, his son-in-law Kazi Abul Hossain and his two grand sons Kazi Altaf Hossain and Kazi Munir Hossain on different..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......iff has been in possession of .07 decimals of land in the homestead but the suit of the plaintiff as a whole was dismissed and as the court of appeal and the High Court Division committed error of law occasioning failure of justice. It appears that this.07 decimals of land are from other Khatian..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......Therefore this Division declines to interfere at this stage. Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....industries thereon. The appellants were paid a amount of TK.1,34,177.00 for the land, TK.8,83,110.78 for the structures and TK.2,913.24 for the trees standing on a portion thereof on the basis of 'provisional estimate on rough and ready calculation as per provisions of Section 93(B) of the Town ......ough and ready calculation started delaying the process of acquisition for years together in spite of repeated written representations to complete the same and to pay the compensation according to law but in vain. Of late, the appellants were forced to file Writ Petition No.3828 of 1992 before t..Category: Property Law | Date: | Hits: 37
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ...... project Chairman, but the project implemented was another convict-Kongjachai as clearly evidenced by the ÒcÖwZÄv cÎ" and "¯^xKv‡ivw³ cÎ" given by said Kongjachai and thus committed error of law in dismissing the aforesaid two appeals for the fault of the Kongjachai. He further submits that..Category: Anti-Corruption Laws | Date: | Hits: 117
Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)
....There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 774. ......r dated 21.04.2004 a notice in From N-10 was issued upon the petitioners to take necessary steps for engaging a new advocate within six weeks, in default it would be disposed of in accordance with law.” The High Court Division further observed that from the order book it appears that the n..Category: Others | Date: | Hits: 92
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....ed up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President Order 16 of 1972 and Ordinance 54 of 1985. 3. The High Court Divis......ars the respondent No.1 filed writ petition challenging the above judgment and order stating, inter alia, that the case property being an abandoned property vested in the government by operation of law and the petitioner completely failed to establish her claim in the case property and further t..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....n 22.03.2007 with Gulshan Police Station being Gulshan P.S. Case No. 86(3) of 2007 and in the said case charge sheet was submitted against them and against their two daughters on 05.09.2007 under the provisions of the aforesaid law. 21. Subsequently the learned Metropolitan Sessions Judge and Se...... on 24.09.2007 and stay was further extended on 30.10.2007 till hearing of the writ petition No. 8254 of 2007. 4. The facts of the case of the petitioner are as under:- 5. The petitioner is a law abiding and peace loving citizen of Bangladesh, and Income Tax Payee businessman, industrialist ..Category: Civil Law | Date: | Hits: 125
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....n in section of 10(1) and 8(a) was not adhered to by the respondent No. 2. In that case the application ought to have been refused registration. But the respondent No.2 has acted against the specific provision of section 10(1) and 8(a) of the Trade Marks Act, 1940 by ordering the application No. 215......under the aforesaid sections to allow the application to proceed to advertisement under the provision of section 10(2) on the honest and concurrent user. 7. Although the respondent No. 1 engaged a lawyer to oppose registration of the impugned trade mark No. 21508 in class-30 he left the proceedin..Category: Intellectual Property Law | Date: | Hits: 231
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