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Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....p;Respondents Judgment December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Export act......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. ...... December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Export acted at the behest of the governm...... 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
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....ss has not been incorporated in the paper book to the serious prejudice of the respondent and the paper book is misleading, defective and incomplete which is liable to be discarded for the ends of justice. 7. On perusal of the judgment of the trial Court it appears that the learned Assist...... in the year 1351 BS in the month of Kartik; the suit land is situated within the Rajshahi City Corporation area; in the year 1354 BS the said Rama Proshad intended to sell the suit land and accordingly, received Taka 6,000 from Dill Mohammad but before registration he left for Indi......measuring 0.04 acres from Plot No. 50 in old Khatian No.723, 0.03 acres from Plot No. 49 in Khatian No. 722, 0.02 acres from Plot No.32 in Khatian No.543 and .03 acres from No. 48 in Khatian No.763 total measuring 0.12 acres originally belonged to Uttam Sardar, Uday Sarder, Khirod Baisnab and Bas......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)
.... 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. ...... 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. ......o- 51 DLR 72. Lawyers Involved: Ajmalul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court......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. ......alia, that the present suit has been filed by Abul Kashem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, it is modified to the extent that the ex parte decree is declared as fraudulent agains......vocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment ....... 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. ......n denying all the allegations made against him. It was stated that the clerks, supervisor and in charge of the Jute Department were responsible for payments and he being merely a Head Sardar worked according to the instructions of his supervisor officers and he had no clerical work at that time.......rt Division in Writ Petition No.1543 of 1990 filed against the judgment and order dated 30th May, 1990 passed by the respondent No.1 in Complaint Case No.124 of 1987 directing the appellant company to re-instate the respondent No. 2 in his service with 10% back wages and attending benefits. ......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)
.... 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. ...... 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. ...... section 26(2) The Anti Corruption Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right g......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)
....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. ......that she has become the owner of the premises in suit on the basis of gift made by her mother and the defendants are occupying the premises in suit as tenant at the rent of TK.400/- per month payable according to English Calendar by the 15th of the next month, that defendant No.1 is the managing par......as become the owner of the premises in suit on the basis of gift made by her mother and the defendants are occupying the premises in suit as tenant at the rent of TK.400/- per month payable according to English Calendar by the 15th of the next month, that defendant No.1 is the managing partner of th......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)
....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. ......ons do not create any right or interest in favour of the Government or of the tenants to file suits before the Civil Court for declaration of title over the case properties. The High Court Division accordingly made the Rule Nisi absolute. 6. Leave was granted to consider the submission th....... 1968 (S.C) 1370; Dr. Syed Motiur Rob being dead his heirs Shamsun Nahar and others Vs. Bangladesh and others, 42 D.L.R. (AD) 126. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate-On-Record-For the Appellants. T.H. Khan,......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)
....ision made the Rule absolute upon observing that the appellate court was in error in not holding that the defendants were guilty of latches in conducting their case and thereupon caused failure of justice in allowing the Miscellaneous appeal. As against the Order dated 20.04.2002 of the High Cou......espondent Nos.1-3 submitted that the Executive Engineer, P.W.D. Development Division-1, Dhaka vide memo No. 615 dated 21.01.1950 recommended for release of the all lands out of alignment and accordingly notice under Rule 10(2) of the (Emergency) Requisition of Property Rules,1948 was issue...... Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. V......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. ......wledge and there is also no evidence that the pre-emptor No.1 Shusil Kumar Ghosh witnessed any act of possession of the pre-emptee in the case land. The High Court Division accordingly held that the pre-emption application of the original pre-emptor No.1 was not barred by...... cases) Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 (In all the cases) Not represented- For Respondent Nos. 2-23 (In all the cases) Civil petition for Leave to Appeal Nos 1665-1667 of 2003. (From the judgment and order dated 09.02.2003 passed by the......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)
.... 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 which has not been include......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. ......ubar Rahman, Advocate-on-Record-For the Petitioner. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondents Nos. 3-39. Civil Petition For Leave to Appeal No. 978 of 2004. (From the judgment and order dated 04.04.2004 passed by the High ......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: ...... 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: ...... Lawyers Involved: Abdul Malek, Senior Advocate (Anisul Huq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant Md. Ali Akand, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record- For the Respondent ......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)
....not raised. The learned single judge of the High Court Division missed the appropriate law for latches of the Government; but the valuation at TK.30,000.00 per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. 15. In the i......of money on rough 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 ......eal No. 142 of 2005) Rajdhani Unnayan Kartipakkha and another. ...........Respondents (In Civil Appeal No. 143 of 2005) Judgment June 17, 2008. Cases Referred to- 23 DLR (SC) 25, 27 DLR(AD) 65, 29 DLR (SC) 110, 42 DLR(AD) 100, Bangladesh vs. Abdul Kh......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. ...... raised. The High Court Division upon correct assessment of the materials on record 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. ......uq, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the High Court Di...... 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. ......d illness of the Tadbirkar and no step was taken by the petitioners to engage a new Advocate on their behalf till discharge of the Rule for default on 10.01.2007. 4. The High Court Division accordingly declined to consider the application for restoration of the Rule. In view of th......uly 22, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.399 of 2007. (From the judgment and order dated 04.02.2007 passed by the High C......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)
....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: ......he ceased to manage or occupy the property in question at the time when the President Order No. 16 of 1972 was promulgated, that is on 16.02.72, and this presumption is a reputable presumption and accordingly it is for the claimant, who files an application for releasing the property, to show th...... Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred to- 17 BLD (AD) 118; 49 DLR(AD)161; 47 DLR(AD) 71; 15 BLD(AD)175. Lawyers Involved: ......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)
....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. ......gainst them. 11. The asset statement consists of Lotus Kamal Tower one which belongs to Mr. Kamal’s daughter. The construction of this building was started in 1998 and finished by June 2002 and accordingly Income Tax Authority valued the building by considering P.W.D. rate prevailing at that t......Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and another, 3 BLD 1...... 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
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....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. ......ty between "NABISCO" and "NABICO" and came to a definite finding that the similarity 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. ...... (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Involved: Isma......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
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. ......ffs. 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 accordingly dismissed the suit. On appeal in Title Appeal No.689 of 1999 the appellate Court dismis......b Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 90 of 2007. (From the judgment dated 15.05.2007 passed by the High Court Division in Civil Petition for Leave to Appeal No. 885 of 2005). Judgment ......t will not be attracted in this case rather the Section 95(4) and (5) of the State Acquisition and Tenancy Act shall apply. 7. This Court in the impugned judgment reiterated the principle of law enunciated in the case of Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, wherein it wa..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....nior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may, revise such decree or order and, make such order in the suit ......ake such order as it thinks fit." 9. The Full Bench of the High Court Division while arriving at the above decision held that the Joint District Judge has unlimited pecuniary jurisdiction. "But according to the provision of Sub-section (1) of Section 21 appeal from a decree or order passed by ......………Petitioner Vs. A.H.M. Khurshed Ali & Ors……………………………Respondents Judgment April 10, 2008. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represente......f the Code of Civil Procedure against the order dated 14.05.2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against the ..Category: Limitation Law | Date: | Hits: 171
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