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Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....re passed during the pendency of the appeal, yet certified copies of the judgments were not placed before the lower appellate Court and the certified copies of the judgments are placed today at the time of hearing of this appeal. Be that as it may, findings of criminal Court cannot be considered......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....ath of her husband who transferred the land sought to be preempted to her. It appears that after the death of Babor Ali the pre-emptee Fatema Khatun was married to certain Habibur Rahman and at the time of moving the revisional application said Fatema Khatun having died her husband Habibur Rahma...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... Telecommunication Regulatory Commission (BTRC), contested the Rule stating, inter alia, that the writ petitioner did not submit any application as alleged by him in its office on 29-5-2003 or at any time thereafter praying for allocating frequencies to broadcast its programme through satellite and ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
.... Ordinances, 1983. 3. The petitioner being aggrieved by the said order of rejection of the Returning Officer preferred an appeal before the respondent No. 2, Thana Nirbahi Officer, within time and the Thana Nirbahi Officer as an appellate authority by his order dated 5-1-2003 affirmed t......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....appellant No. 1 and that the appellant being added as defendant No. 4 on 24-11-1996 the suit itself was decreed on 22-1-1997 without allowing the added defendant, that is the appellant, two month's time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by t......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....ent including release of gold in an application for bail under section 498 of the Code of Criminal Procedure as the same does not authorise any court, at the stage of the case at the material time, to pass an order for release of seized articles. 5. We have heard Mr. Faisal H Khan,......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
.... for installation of 3,00,000 digital telephone lines for Dhaka City on built, own and operate basis (BOO) was invited on 22-11-1998. Accordingly, three companies submitted bids within the stipulated time. The three companies are 1) World Tel Holding Ltd. Bermuda, (2) China Telecom Consortium (Joint......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....he BADC Service Regulations of 1990 but long before making of these Regulations, he was already eligible for promotion. It is lastly, argued that the Service Regulation of 1990 for the first time introduced such a new criteria for promotion to the post of Superintendent Engineer but the pe......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....e sea the said vessel was seized by the customs authority and moreover, none of the witness in the said case during their depositions could state the exact location of the vessel in the sea at the time of its seizure. The learned Counsel lastly, submitted that the Collector of Customs, Chittagon...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
.... customs duty etc @ 45% on tariff value @ US$ 280 per MT without physical verification of the imported goods and so the petitioner cannot agitate the above point before this Division for the first time. Mr. SM Khalequzzaman, the learned Advocate for the petitioner, submits that from the contents......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... condemned prisoner but still then the condemned prisoner was not happy and about one month prior to the date of incident the condemned prisoner kicked in the abdomen of the victim who was at that time pregnant and thereupon there was profused bleeding, that one week prior to the incident the vi......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....d 16-8-1968 to sell 02 decimals of land to the plaintiff and also delivered possession to the plaintiff. The plaintiff claimed that after erecting tin huts in that land he has been living from that time. The plaintiff also claimed that though the suit land was under his possession since 16-8-196......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....2-71 and was never dispossessed therefrom. The Government was never in possession of the property and the same was not leased out to anybody treating the same as an abandoned property at any point of time since 28-2-72. The appellant was surprised to know that the property was included in the "Ka" l......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....report holding the respondent guilty of the charge, then second show cause notice was issued without supplying the copy of the inquiry report and the respondent on the ground of Illness prayed for time to file his reply to the second show cause notice but no time was allowed and thereafter the p......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ment. Section 8 gives power to the appropriate Government to make rules for the purpose of carrying into effect the provisions of the Act. Such rules were first framed in 1921 and were amended from time to time but there is nothing either in the Act or in the rules in force at the relevant time ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....t the above order of her discharge from service but the writ petition was rejected on 5-1-1995 with observation that she should seek redress before the competent Administrative Tribunal. In the meantime she preferred an appeal on 7-1-1995 to the Secretary, Ministry of Women and Children Affairs ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... received the Reports from those Experts. But before the trial began in the Court of the Assistant Sessions Judge the case was transferred to the Additional District Magistrate for trial as by that time the Additional District Magistrates were empowered, by an amendment in the Criminal Procedure......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....nuously to the shires, hundreds, boroughs, cities or townships of the two centuries prior to the Norman Conquest. Since then the system underwent changes and re‑organisation on many occasions, each time with enhanced authority and augmentation of revenues. The last re-organisation of the structure......f we trace back the historical background of the local Government institutions in the Sub‑continent during the British regime, then we find that such political activity units were set up on smaller scale called in villages and towns. The Bengal Local called Government Act of 1885 (Bengal Act III o..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s not considered necessary to deal with the said section or the finding made by the High Court Division in that connection. A counsel is free to give up any point which may have been raised at the time of granting leave and in that case the court may not also decide a point even though of law on......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
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