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Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....here were several communications but neither the Commission nor the Committee did accord the licence or allocate frequency. The JTV then sent a notice to the Commission and the Committee demanding justice but received no favourable response. Thereafter, the JTV filed Writ Petition No.7999 of 200......y. The JTV then sent a notice to the Commission and the Committee demanding justice but received no favourable response. Thereafter, the JTV filed Writ Petition No.7999 of 2002 for a direction for according necessary licence and allocation of frequency. The Rule was made absolute in the writ pet......y, Government of Bangladesh & Others…………………. Petitioners (In Civil Petition No. 767 of 2005) The Bangladesh Telecommunication Regulatory Commission Represented by its Chairman………………….......atellite station (Earth) and Tk.1,300/- as licence fees for 13 stations (one satellite and twelve terrestrial). By a letter, the JTV also requested the Commission to amend the demand note by fixing lawful charges for four channels which were granted. Thereafter, the JTV received impugned letter ..Category: Information Technology Law | Date: | Hits: 321
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. .................Petitioner Vs. Government of the People's Republic of Bangladesh................Respondents Judgment November 8, 2007. Case Referred to- Mozharul Hoque vs. State, 11 DLR 170. Lawyers Involved: Nurul Islam Bhuiy......d judgment and order dated 26-6-2005 passed by Administrative Appellate Tribunal in Administrative Appellate Tribunal Appeal No. 8 of 1998 is not based on proper and reasonable construction of law as to the status of the appointing Authority in case of the petitioner for training and t..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....inclusion of his property in the list of enemy property and keeping the same as vested property is illegal but the High Court Division failed to consider this aspect which has caused miscarriage of justice; that the petitioner was never an "enemy" as defined in Rule 161 or "e......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ...... Das...........................................Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Land ...............Respondents Judgment October 29, 2007. Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Peti......ce and, as such, the enlisting of the property belonging to the petitioner as enemy property and treating the same as vested property at present is illegal but the High Court Division erred in law in not considering this vital aspect and, as such, the impugned judgment and order of the High ..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......s duty, sales tax and other charges against facility like Murabaha. Respondent No. 1 also undertook to release the said goods within 90 days from the petitioner's custody. The petitioner accordingly released the goods by paying all dues and also 90% of the LC money to the supplier......former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)................Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering......case and also in view of the principles as enunciated in 6 BLC (AD) 221, 22 DLR (SC) 443, 49 DLR (AD) 26 and having further found that the learned Subordinate Judge/ Artha Rin Adalat acted against law in not decreeing the Suit against respondent No. 1 (the guarantor) who admittedly signed the Le..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
..../1983, found that the case property was an abandoned property and its subsequent inclusion in the 'Ka' list was not illegal and accordingly, discharged the Rule causing serious miscarriage of justice and prejudice to the petitioner; that the Other Class Suit No. 119/1983 the petitioner by e......and without considering the judgment of Other Class Suit No. 119/1983, found that the case property was an abandoned property and its subsequent inclusion in the 'Ka' list was not illegal and accordingly, discharged the Rule causing serious miscarriage of justice and prejudice to the petiti......ziana Khatun......................Petitioner Vs. Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High ......n dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is tha..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....separate applications prayed for adjournment to file written objection and the plaintiff renewed his prayer for temporary injunction. The trial Court allowed the prayer for adjournment for ends of justice and in consideration of the facts and circumstances of the case passed an order of status q......tion of the order for status quo passed by the trial Court and have been in occupation of the market upon realising rents from the tenants on threat and duress on and from 1-10-2003. The plaintiff accordingly, prayed for an order on the defendants to restore possession of the suit property inclu....................Petitioners Vs. Farooque Ahmed…………………........Respondent Judgment January 25th, 2007. Cases Referred to- Babul Kanti Das vs. Abul Hashem 47 DLR (AD) 6; Abdul Barek Mia vs. ABM Serajul Islam 20 ...... plaintiffs from the suit property including the suit market. The trial Court also took notice of few decisions reported in 47 DLR (AD) 6, 20 DLR 501, 35DLR (AD) 42 and followed the proposition of law laid down in those decisions holding "The state of things existed just at the date of inst..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed by the Hi......rom a private agency In our view, the Court of Settlement was quite correct in not taking the said burial certificate into consideration since the same was not issued by a person authorised by law to issue said kind of certificate. In that state of the matter the contention of the petitioner..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......d. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007. Cases Referred to- Gazi M Towfic vs. Agrani Bank 54 DLR (AD) 6; Zahi......, this Division held that availability of alternative remedy by way of appeal or revision will not stand in the way of invoking writ jurisdiction raising purely question of law or interpretation of statute but the case in hand arose out of an Artha Rin Case and moreover,..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....sistant 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 su......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 b......ner Vs. AHM Khurshed Ali and others...............................Respondents Judgment April 10, 2008. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney-General instructed by Zainul Abedin, Advocate-on-Record— For the Petitioner. No......Code of Civil Procedure against the order dated 14-5-2005 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: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... at present Suit No. 217/03, Suit No. 21/93 at present Suit No. 216/03 and Suit No. 35/93 at present Suit No. 215/03 stating that the suit property is a debotter which is not alienable transferable according to Hindu Law and came to a wrong conclusion and committed illegally in the decision; tha......bur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by the High ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ellant Vs. Ershad Ali Moral and others …………....Respondents Judgment January 11, 2005. Lawyers Involved: Shamsul Huq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Md. Nawab ...... 12. On our perusal of the judgment of the trial Court, as has already been observed hereinbefore, that the said Court as the initial Court of fact in fact did not discuss the evidence as the law enjoins. 13. The appellate Court while reversing the judgment of the trial Court has rej..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......……………Appellants Vs. Most. Nurjahan Begum………....Respondent Judgment July 10, 2005. Result: The appeal is dismissed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Appellants. Md. A......ntion of the writ-petitioner that the correction so made is illegal and malafide is not correct and the further contention was that writ petitioner's land in fact was acquired as per provision of the law which has ceased to exist because of the enactment of Acquisition and Requisition of Immovable P..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... complicity against them and the order of discharge become a right vested in them which they are legally entitled to defend and the right to defence in such circumstance is more in consonance With justice and fair-play than shutting it out. 8. It appears from the record that the case was...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... Moazzam Hussain, Advocate, instructed by Syed Mahbubur Rahaman, Advocate-on-Record- For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.168 of 2004 Judgment &nbs......t petition. That would amount to quashing an inquiry proceeding relating a complaint petition, which discloses an offence, exclusively triable by a Court of Sessions. This is not permissible in law. This not being a judicial proceeding pending after cognizance by a competent Magistrate this ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ...... started against him under Section 19A and 19(f) of the Arms Act being Mirpur P.S. Case No. 6 dated 26.11.1996. The case being investigated charge sheet was submitted against the accused petitioner accordingly. During trial the accused petitioner was released on bail, but he absconded. Be that as......wyers Involved: M. A. Aziz Khan, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1408 of 2003. (From the judgment and order dated 16.06.2003 in Writ Petition N......nbsp; . . . . . . . . . . . . . . . . . . . . . . . On perusal of the aforesaid provision of law it appears that in case of trial of an absconding accused no doubt it is necessary to publish a..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 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: 16 BLT (AD) (2008) 183. ......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......'s Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain…………………Respondent Judgment October 20, 2005. Lawyers Involved: Bodruddoza, Deputy Attorney General, instructed by......section 4(1) of the Anti-Corruption Act, 1957. 2. The writ-petitioner is a businessman and pays Income Tax. The legality of the Memo, mentioned hereinbefore was challenged on the ground that law requires that such kind of notice as per provision of section 4(1) of the Anti-Corruption Act, ..Category: Criminal Law | Date: | Hits: 29
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......ip;……………………Petitioners Vs. Most. Rahimannessa and Ors……………Respondents Judgment October 27, 2005. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the P......laneous Case was barred by limitation. From the materials on record the learned Advocate-on-record could not point out that the finding so arrived at by the last Court of fact is not sustainable in law or in other words based on mis-reading or non-consideration of the evidence or that finding as..Category: Property Law | Date: | Hits: 21
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ...... Joint District Judge and Artha Rin Adalat & another………………………………..Respondents Judgment October 01, 2007. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbu......n in revisional jurisdiction and the High Court Division summarily rejected the same. 4. The learned counsel for the defendant No.2/petitioner submitted that the High Court Division erred in law in not considering that in Ext.Ga the value of the mortgaged property was shown at Tk. 33, 50,..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....nion on the basis of an inquiry to the effect that he is guilty for which he will be removed from his office; that the impugned letter is arbitrary, malafide, violative of the principles of natural justice inasmuch as no show cause notice was issued under Section 12(2) of the Local Government (Un......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ...... Md. Jahangir, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High C......Resignation, Removal and suspension) Regulation, 1984. It has been asserted that the post of the Chairman of No. 10 Jalalpur Union Parishad was declared vacant with a malafide intention and without lawful authority. It has been further asserted that as per Section 12(2) of the Local Government U..Category: Others | Date: | Hits: 91
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....by the petitioners to file a supplementary affidavit to furnish necessary particulars and thus material points having not been considered by the High Court Division there has occasioned failure of justice; that the defendant-respondents in the written statement filed in Title Suit No.7 of 1998 a......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......titioners. Mahbubey Alam, Senior Advocate, instructed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by a Single ......ng threatened the plaintiffs with forcible dispossession; the order for local investigation at the instance of the defendants may create some scope for them in these days of unrest and uncontrolled law and order situation to fish in the troubled water and even blood shed is not unlikely; that the..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... the case of Mujibur Rahman Vs. Bangladesh reported in 44 DLR (AD) 111 by this Court as under: 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 an......c remedy provided under Article 117 of the Constitution for resorting to the Administrative Tribunal assigning exclusive jurisdiction for the relief or relieves sought for in the writ petition and accordingly we have no hesitation to hold that the instant writ petition is not maintainable and ac...... Rahman 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2). Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Saifur Rez......retirement from service as communicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition again..Category: Employment/Service Law | Date: | Hits: 62
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