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Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......ion of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitution is not the proper jurisdiction and accordingly this petition is not maintainable. If so advised the writ petitioners could take resor......r Advocate and Advocate A.M. Mahbubuddin with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioners Not represented - Respondents Civil Petition for Leave to Appeal No. 807 of 2003. (From the judgment and order dated 29th of March, 2003 passed by t......he Nari-O-Shishu Daman Ain, 2000 mentioning the names of the petitioners as alleged victims in violation of their fundamental rights, rights to liberty, freedom of movement, right to protection of law and right to be treated in accordance with law as guaranteed under Articles 27. 31, 32, 36 and ..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
.... to consider the prayer for exempting him from furnishing the certified copy of the decree of trial Court and could have very much exercise its power for the purpose of advancing the cause of justice by allowing the prayer for exempting the appellant from filing the Certified copy of the de......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. ......vision in Civil Revision No. 4256 of 1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which w......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)
....ns held that the writ petitions are not maintainable observing as follows:- "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement, of fundamental rights, guaranteed by the Constitution, or of ......vices (Re-organization and Condition) Act 1975 was enacted and section-5 thereof empowered the Government, by order notified in the official gazette, to prescribe united grade and scale pay etc and accordingly Annexures D(1) and D(2) were issued on the "Order of the President" and were ......and Others……….....Appellants Vs. Md. Shamsul Huq……………..Respondent. Judgment: August 10, 2006. Cases Referred to- Mujibur Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111; Bangladesh,......al on the following terms: "Mr. A. J. Mohammad Ali, the learned Additional Attorney General appearing on behalf of the petitioners, submits that the High Court Division erred in law in entertaining the writ petition inasmuch as the petitioner being a government servant the ..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....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. ......s Act and at the time of incorporation of the said company it had intention in its mind to diversify its business amongst others by manufacturing Olympic Ball pen with the brand name 'OLYMPIC' and accordingly the applicant created a positive atmosphere to manufacture the said products and they a......represented - the Respondents. Judgment M. M. Ruhul Amin J. - These petitions for leave to appeal are directed against the common judgment and order dated 04.08.2002 passed by a Division ...... applied for registration of the mark and that mark was registered under registration on No. 31244 on 15.08.1990 and subsequently in 1997 it has been renewed for another period for 15 years as per law. The further case of the appellant is that seeing the popularity of the mark of the appellant, ..Category: Intellectual Property Law | Date: | Hits: 172
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ...... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......, 2005. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-record - For the Petitioner. Abu Siddique, Advocate-on-record - For the Respondent. Civil Petition for leave to Appeal Nos. 1563 of 2003. (From the judgment dated July 14, 2003 passed by the High Court......The High Court Division made the Rule absolute on the finding that the learned Advocate appearing for the opposite party i.e. petitioner herein, could not satisfy the Court under what provision of law the trial Court on the prayer of the opposite party in the Arbitration Miscellaneous case conve..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....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. ......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. ......ion No. 949 of 2003)………………………..Respondents Judgment August 6, 2005. Lawyers Involved: Bodruddozza, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner (In al......6, 267, 371, 270, 370, 271, 377, 268, 374, 262, 379, 378, 261, 373, 264, 263, 372, 375, 384, 383 made earlier in favour of the Respondent in the respective civil petitions have been issued without lawful authority. 3. The writ petitions were filed stating, inter alia, that Government too..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......ellip;.Petitioner Vs. Mohammad Ali Khondoker………Respondent Judgment March 8, 2007. Lawyers Involved: Zainul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record - For the Petitioner. Sufia Kha......espect to show that the Provisions of Section 20 of the State Acquisition and Tenancy Act, 1950 were duly complied with in the matter of acquisition of khas lands in excess of the limit imposed by law. 10. Therefore, in view of the discussion above and the materials on record, we ..Category: Property Law | Date: | Hits: 32
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....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. ......ve found that only 4 categories of persons have been excluded in the definition of worker under section 2(e) of the Public Corporation (Management and Co-Ordination) Ordinance, 1986. A Pesh Imam, according to us, does not fall to any of these 4 categories. As he does not fall within any of t......ab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by the High Co......espondent No. 3 under Memo No. AJM/Pers/1/T-1/2000/200 dated 3.12.2000 directing the writ petitioner to go on retirement with effect from the afternoon of 28.2.2001 has been made/passed without any lawful authority and of no legal effect. 2. The respondent No. 1-writ-petitioner filed ..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....o establish that summonses were not served and on the date the suit was taken up for hearing they were prevented by sufficient cause from appearing before the Court, on the finding that for ends of justice the ex parte decree needs to be set aside. 5. Thereupon the plaintiff-Respondents w......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ....... Sunil Kumar and others…………………..Respondent Judgment January 5, 2005. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record - For the Petitioner Not repres......for hearing. The High Court Division while setting aside the impugned order of the court below has further observed "In the absence of any factual basis and any material on record, a Court of law cannot be expected to act on the. unsubstantiated submissions made by the learned Advocate of a..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......n intelligible differentia must have a rational relation to the object sought to be achieved by the statute in question. The classification may be founded on different bases, namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus bet......he Secretary, Ministry of Establishment and others .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some special circumstances or reasons applicable to h......lants Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some..Category: Employment/Service Law | Date: | Hits: 133
Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)
.... 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. ......es Appellate Tribunal it is clear that the Tribunal only decided the question of limitation and found that the appeal preferred before the Appellate Joint Commissioner of Taxes was time barred and accordingly held that the Appellate Joint Commissioner of Taxes rightly rejected the appeal. The Hi...... Judgment July 17, 2005. Lawyers Involved: Fakrul Islam, Advocate-on-Record - For the Petitioner. Not represented-the Respondents. Civil Petition for leave to Appeal No. 793 of 2003. (From the judgment and order dated 21.04.2003 passed by the High......e 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 formulated the following point of law which is said to arise from the impugned order dated 22.03.2000. 5. Whether on the fact..Category: Fiscal/Taxation Law | Date: | Hits: 67
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......ip;…………………Petitioner Vs. Artha Rin Adalat, Dinajpur and others …………....Respondents Judgment October 20, 2005. Case Referred to- Gazi M Towfic Vs. Agrani Bank and others, 54 DLR (A...... Adalat in a particular money suit against the writ petitioner in the reported case. 8. The High Court Division rejected the writ petition on the finding that Artha Rin Adalat is a special law and that has made special provision for seeking remedy against the decree passed by the said Ad..Category: Civil Law | Date: | Hits: 73
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ......p;...............Petitioner Vs. Md. Hafizuddin Ahmed and others…………........Respondents Judgment January 27, 2008. Cases Referred to- Mvi Md. Khurshid Alam vs. Secretary, Ministry of Law, Justice and others, 50 DLR (......ions of the Muslim Marriages and Divorces (Registration) Act, 1974 and since sub-section (1) of section 6 of the Act provides that a Nikah Registrar may register divorces effected under the Muslim law within his jurisdiction on application being made to him for such registration, no body else ex..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....defendant was not a defaulter in respect of payment of monthly rents and this being a finding of fact should not be disturbed by the revisional Court and as such, the same has caused miscarriage of justice; that under Section 18 of the Premises of Rent Control Act no decree for recovery of possess......yment of monthly rents from the month of March, 1998 and thereby became a defaulter. The plaintiff also claimed that he had bonafide requirement of the suit premises for starting business therein and accordingly served a notice under Section 106 of the Transfer of Property Act to the defendant termi......: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by ......him. The plaintiff is an agriculturist and he is in no way connected with any business and that the plaintiff and his brothers have got other shop premises and instituted the present suit to make unlawful gain and prayed for dismissal of the suit. 4. Mr. A. J. Mohammad Ali, learned Counsel, app..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....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: V ADC (2008) 786. ......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: V ADC (2008) 786. ...... Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High ......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: V ADC (2008) 786. ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......ary Ministry of Housing and Public Works, Bangladesh Sachibalaya, Ramna, Dhaka and others ............Petitioners Vs. M/S Eastern Industries (BD) Ltd. represented by its Managing Director Mr. Jumma Bhai Virji, Tejgaon Industrial Area, Dhaka….......Respondent Judgment ......1210 of 1993 before the High Court Division. In its judgment this court declared the unilateral letter of cancellation of lease and subsequent forceful eviction of the writ petitioner to be without lawful authority and was of no legal effect. Against the said judgment and order of the High Court ..Category: Property Law | Date: | Hits: 27
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
.... entire money within time specified by the High Court Division but their case is that the conduct of the respondents in sitting over the matter unduly for long time obstructed the administration of justice and by the demand of excess of the decreetal amount is also a deliberate act of interferen...... dated 21.8.2005 requesting the respondents bank to accord permission for sale of the petitioner's mortgaged properties, no replies having been received to the several representations made for according permission for release of its mortgaged property within the time as has been fixed by the...... M. A. Wadud Bhuiyan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2006. (From the judgment and order dated 17-05-2006 passed by the High...... amount of Tk. 1,33,46,000/- to the decree-holder bank in 4 (four) equal installments within one year form the date of the delivery of judgment, which was delivered on 3.10.2004, being without any lawful authority and of no legal effect and that the order No. 9 suffers from inherent defect in th..Category: Civil Law | Date: | Hits: 102
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....e lastly submits that there is no bar in the Evidence Act or in the Code of Civil Procedure that after closing of evidence of the parties no documents could be filed and proved for the ends of justice. Hence the High Court Division committed an error in holding that the document filed after ......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......e Petitioners. Saidur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-3. Not Represented-Respondent Nos. 4-7. Civil Petition for Leave to Appeal No. 696 of 2005. (From the judgment and order dated 29.3.2005 passed by the High C......xhibit-Gha, clearly proves that rent for five years since 2.9.1997 to 31.8.2002 was paid in advance and as such the finding that the defendants are habitual defaulter can not be sustained in law. He further submits that the plaintiff was to prove the bonafide requirement by adducing cogent..Category: Property Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Md. Azim Howlader, 2007, 36 CLC (AD)
....substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ......substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ......Vs. Md. Azim Howlader………………........Respondent Judgment November 10, 2007. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General, instructed by B. Hossain-Advocate-on-Record-For the Petitioners. Not Repres...... Khair, learned Deputy Attorney General, appearing for the petitioners submits that reasons for delay having being explained satisfactorily the Administrative Appellate Tribunal erred in law in rejecting the said application for condonation of delay; that the Administrative Appellate T..Category: Administrative Law | Date: | Hits: 87
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......07. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1309 of 2006. (From the Judgment and Order dated March 9, 2006 passed by the H......n in the background of the materials on record held that the summons of Title Suit No. 42 of 1986 was duly served on the plaintiffs of the instant suit and they contested the suit by engaging lawyer. 10. It may be mentioned that the trial Court dismissed the suit on the ground of mai..Category: Property Law | Date: | Hits: 25
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