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Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......uilding in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966 from the Go...... being No. 17 of 1987 (Kha 14,Lalmatia, Mohammadpur) seeking release of the property before the Court of Settlement as per provision of section 7 of the Ordinance No. 54 of 1985 averring the facts as stated hereinabove. 5. The appellant No. 1 contested the case before the Court of ..Category: Property Law | Date: | Hits: 32
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. ...... have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impug......ade without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impugned Notifica..Category: Business or Commercial Law | Date: | Hits: 89
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., 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. ......, 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. ...... Deputy Commissioner, Mymensingh preferred this appeal against the judgment and order dated 7-7-2003 passed by the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.1..Category: Property Law | Date: | Hits: 41
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......ection to inquiry and investigation and as such the Memo, impugned cannot be considered illegal, that there has been no violation of the Articles 27 and 31 of the Constitution in issuing the Memo, in question since the same has been issued only for the purpose of holding an inquiry about the allegat...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..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. ......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. ......other hand. Thereupon, Abdul Kader and his brother purchased 12 annas share of the entire Kayem Karsha from the said Baser Sarder in the benami of Abdul Sheikh and Munar Khan by suppression of the facts of Mirash Ijara to Khalilur Rahman and others. And the plaintiffs' predecessor Khalilur Rahma..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. ......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. ......Division misapplied the principle of law decided in the case of Bikash Ranjan Das vs. the Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280 which has no manner of application in the facts of the present case." 7. The domestic inquiry was held and the respondent No...Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......by the High 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......ment and order dated 21-11-2007 passed by the High 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, a..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......t the notice so served neither proper nor sufficient and the claim of bonafide requirement is not genuine and also baseless since the suit premises is a commercial plot within commercial area and the question of construction of a residential building is a malafide plea taken for evicting them. 4.......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......e properties. 3. Respondent No. 1 in affidavit-in-opposition contended, inter alia, that Mokter Ahmed Ansari and Peshkar Ahmed Ansari were two brothers who on 22.02.1960 purchased the lands question by two registered deeds from one Babu Kader Nath and thereafter constructed two apartment ...... appeal by leave is directed against the judgment and order dated 21.01.1997 passed by a Division Bench of the High Court in writ Petition No. 488 of 1994 making the Rule absolute. 2. Short facts are that the writ petitioner filed the writ petition stating, inter alia, that he is a citiz..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......eking release of the property was not legally well advised one as well as was not entertainable in law. He further submitted that in 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...... 1991 registered under 9 Rule 13 read with Section 151 of the Code of Civil Procedure. The Miscellaneous case was filed seeking setting aside of the ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Sub..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. ......of the case land to the stranger purchaser, the pre-emptee and there is no positive evidence from the side of the pre-emptee to establish that the pre-emptor No.1 had any knowledge of sale in question prior to the given date of knowledge and there is also no evidence that the pre-emptor No.......e common judgment and order dated 09.02.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 2218, 2219 & 2220 of 1991 making all the Rules absolute. 2. Shorts facts are that the pre-emptor instituted pre-emption Miscellaneous Case No. 5 of 1986 subsequently ..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. ......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. ......ave to appeal is directed against the judgment and order dated 04.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistan..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: ...... 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: ......8 of 2003 and Jail Appeal No.842 of 2003) holding that although the whole case was placed before him, he will confine the hearing only on the aspect of sentence and not on conviction. 2. The facts of the case need not be stated. 3. It appears that by the impugned order the 3rd Judge..Category: Criminal Law | Date: | Hits: 52
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......sation applying the Rule of two years average available under the Ordinance III of 1965 promulgated on 22.03.1965 but made retrospective with effect from 15.08.1963. This Division frame the question for consideration as follow; "What will be the law for the assessment ......uire the requisitioned property; that determination of the price of the land by the learned Arbitrator was imaginary, baseless and against the law and such assessment could not be sustained in the facts and circumstances of the case; that the Deputy Commissioner determined the price of the land ..Category: Property Law | Date: | Hits: 37
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. ......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. ......ve to appeal is directed against the judgment and order dated 04.02.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1022 of 1988 discharging the Rule. 2. Short facts are that the Rule was discharged for default on 10.01.2007 for non- compliance of Court&rsquo..Category: Others | Date: | Hits: 92
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there 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: ......e Rule absolute holding that in terms of the principle laid down in 17 BLD (AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner was either not present in Ba...... abandoned property the onus lies upon the claimant to rebut the presumption that the same was not an abandoned property and that in such a case the government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned proper..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ...... was shown that value in the statement and in the IT 10B of Income Tax. They paid Income Tax u/s 19-B on the basis of covered area of the building. So the Anti-corruption authority should not ask any question whatsoever according to the law. 12. One Shireen Parveen, Deputy Director Anti-Corrupti......gainst the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.8254 of 2007 discharging the Rule and vacating the order of stay granted on 30.10.2007. 2. The facts, in short, are that the aforesaid Writ Petition No. 8254 of 2007 was filed challenging the pro..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. ......awab Ali, the learned Advocate-on-Record for respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that the only question to be decided in this case as to whether the aid of section 43 of the Transfer of Property......sp; kabuliyat dated 04.03.1940 from Dhirandra. Provision of Section 43 of the Transfer of Property Act against the claim of the plaintiff of the suit vide exhibit 2 was not at all available in the facts and circumstances of the present case. In the facts and circumstances of the case and..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
.... for registration of the impugned trade mark consisting of a deceptively similar trade mark "NABICO" under No. 21508 in class-30 in the Trade Marks Registry, Dhaka. In spite of registration of almost identical trade mark of the respondent under Nos. 1713, 1723, 1733 and 1734, in class-30, the petiti......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......te and directing the registered Trade Mark No. 21508 dated 18.12.19-84 in Class-30 to be varied by way of deletion or omission of the words "NABICO/ ‡bwe‡Kv" both in English and Bangla. 2. The facts, in short, are that the respondent No.1 has been engaged in the business of manufacturing and ..Category: Intellectual Property Law | Date: | Hits: 231
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......uit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs have no right of redemption and accor......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..Category: Property Law | Date: | Hits: 41
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