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Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......tal 3,500 arrested persons 26 are BDR departmentally promoted officers (Assistant Director and Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 11. And whereas free, fair and speedy trial and disposal of the cases and awarding of effective and appropriate puni......BDR personnel by issuing notification under section 5 of the Army Act, 1952? 6. The brief fact is that on 25.2.2009 about 97 officers of different ranks of Bangladesh Army and many other officers from outside BDR Headquarters and around 2,580 BDR personnel were present in the Darbar Hall of the ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......ently engaged in running business in rearing, cultivating, catching and export oriented marketing of fish. In running such business the writ petitioner takes lease of closed fisheries particularly from the Government. In the district of Mymensingh there exists a closed fishery named "Color ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....onal rate of duty mentioned therein in the public interest. The object of the import being to filling up the vacuum created by taking off from the road 3 wheelers auto taxies which are hazards to the environment and health of the city dwellers, instead, to provide facility in the public and the said......hazards to the environment and health of the city dwellers, instead, to provide facility in the public and the said dwellers of the metropolitan city by introducing environment friendly and pollution free taxicabs of specified specification. The terms and conditions provided, inter alia, that the im......etitioners pursuant to the said SRO, upon fulfilling the conditions incorporated therein imported the vehicles as mentioned in their respective writ petitions vide their respective letters of credit from India. The writ-petitioners on different dates from 19th March, 2003 to 3rd July, 2003 got thei......which are hazards to the environment and health of the city dwellers, instead, to provide facility in the public and the said dwellers of the metropolitan city by introducing environment friendly and pollution free taxicabs of specified specification. The terms and conditions provided, inter alia, t..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......f which defendant No.1 is claiming the land appears to be doubtful, that plaintiffs failed to prove their title in the land in suit, that plaintiffs' claim of possession of the land in suit is not free from doubt since evidence led by the plaintiffs as regard their claim of possession is not suf......to file the suit. 4. The suit was contested by the defendant No.1 and the defendant No.3. It is the case of the defendant No.1 that his predecessor Badal took settlement of the land in suit from the landlords who settled the land by an Amalnama dated Magh 17, 1338 B.S. and that since sett...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
.... that in the facts and circumstances of the case impugned letter cannot be treated as invalid for not issuing any notice of show cause as the same issued considering public interest and to save the environment and Gulshan Lake. 8. It was contended that if the writ appellant is allowed......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ...... the land in question falls within the Gulshan Lake and as such the question of permission to treat the plot as residential one is in every respect detrimental to the public interest and also from the point of environment. 6. It was contended that several plots and necessary roa......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ...... The petitioner's case, in brief, is that the petitioner took active part in the liberation war in 1971 and Mr. M.A.G. Osmani, Commander-in-Chief, presented a certificate to the petitioner as a freedom fighter. Another freedom fighter certificate has also been issued by the Ministry of Liber......hority (CDA) floated a notice to sell some residential plots at the Chandgaon Residential Project (2nd phase) and the same was published on 01-09-2000 in the Daily Azadi, inviting applications from the interested persons for the allotment of residential plots. The petitioner made an applica......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......7173 of 2007 making the Rule absolute. 2. The short fact is that writ petitioner-respondents filed the aforesaid writ petition challenging the order vide Memo dated 9-3-2002 dismissing them from their services in the writ respondent petitioner, Bangladesh Bridge Authority as illegal. The ......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ..Category: Labour and Industrial Law | Date: | Hits: 90
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......g to Webster's New International Dictionary, "health" means, "state of being hale, sound, or whole in body, mind, or soul". In the same Dictionary, "hale" means "free 'from defect, disease, or infirmity, sound, healthy". Health" therefore does not mea......dated 11-3-93 passed by the High Court Division in Writ Petition No. 688 of 1987) Judgment Mustafa Kamal J. - This appeal by leave by the writ petitioner M/S. Karim Jute Mills Ltd. is from the judgment and order dated 11-3.93 passed by a Division Bench of the High Court Division di......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... the Penal Code. 4. The defence case is that they were not involved with the alleged occurrence of murder but they were falsely implicated that the victim died in their house as a result of free fight with people at the house of father-in-law of the deceased whereby informant and others ......ce of occurrence has been shifted which leads to gross benefit of doubt entitling the petitioner's acquittal; that two of the four accused namely Majibur Rahman and Abul Hossain and the petitioners from the front and other two of them from the back allegedly held the victim clasped in hand which......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......e concerned, the national courts will be obliged to respect the national laws, but shall draw the attention of the law makers to such inconsistencies. 4. In the instant case the universal norms of freedom respecting rights of leaving the country and returning have been recognized in Article 36 of......al and Research Centre in Saudi Arabia before going for treatment in London and when he was going to London by British Airways on 5.6.2000 for medical check up in London Clinic, London he was stopped from going abroad and his passport was seized by, respondent No. 4 and for seizure of the passport......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......rchaser of an entire estate in the permanently-settled districts of Bengal, (Bihar and Orissa), sold under this Act for the recovery of arrears due on account of the same shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement; and s......al merger which takes place if a co-sharer landlord acquires the raiyati interest under him and his other co-sharer landlords. As to sub-section (3), it prohibits an ijaradar or revenue farmer from acquiring any occupancy right………..(10) The Bengal Tenancy Act, 188......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... of land for extension of Hazrat Amanat Shah Dargah Sharif land is not a public purpose and the land has been requisitioned for private purpose at the behest of Mutwalli on the plea of facilitating free access of the visitors to the holy Dargah Sharif; that the requisition proceeding in the name o......ay, there is no hesitation in saying that the High Court Division had correctly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from the Appellate Division by suppression of the real fact that by that time possession had already...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ladesh permanently and plaintiffs decided to go to Calcutta for good. Plaintiffs made over their title deeds to the defendant and executed and registered the partition dead in question out of their free will. On the basis of the deed of partition defendant possessed the 'Ka' schedule lands and p...... Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question of limita......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......ppellant court and decreed the suit wrongly holding, inter alia, that although the land had been acquired by the Government as far back as in 1941 the same did not absolutely vest in the Government free from all encumbrance because the Government did not take physical possession thereof in pursu......ourt Division in Civil Revision No. 1588 of 1989) Judgment Mohammad Abdur Rouf J.- Defendant Nos. 2-5, the Government of Bangladesh and its three officials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ petition may be a good cause for entertaining the appeal beyond time and the petitioner will be free to agitate all the submission made by him before the appellate body which will not be inhibit......rder dated 30 August 1993 passed by the High Court Division in Writ Petition No. 1432 of 1993). Judgment Bimalendu Bikash Roy Choudhury J. - This is a writ petitioner's appeal by way of leave from the summary rejection of Writ Petition No. 1432 of on 30 August, 1993 by a Division Bench of th......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......hat No. 5, Khulan and Ershad Ali Sikder, Nazem Sarder, Faruque @ Jamai Faruque, Harun @ Tunda Harun, Shaheb Ali Talukder and others in a planned way killed Jaynal Khan by gun shots, calling him out from his dwelling house and Sahida, Kadbanu, Rafiqul Islam and Safiz Begum were eye witnesses ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......careful reading of section 16 indicates that where the collector has made an award under Section 11 in respect of land acquired under this Act such land shall vest absolutely in the Government free from all encumbrances. Thus, vesting title in the land acquired becomes absolute as soon as co......ivil Appeal No. 75 of 1997). Judgment Mainur Reza Chowdhury CJ.- This Civil Review Petition arises from the judgment of this Division passed in Civil Appeal No. 75 of 1997 allowing the appeal after ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......he Government which by the order of reinstatement dated 15-12-93 set aside the earlier order of removal dated 29-7-74 and thereafter prescribed two conditions on the basis of which the respondent was free to rejoin or not to rejoin Government service. The First condition was that he will not get any......nd order dated 26-11-96 passed by the Administrative Appellate Tribunal in Appeal Nos. 55 and 58 of 1995). Judgment Mustafa Kamal J. - These two appeals by leave by the respondent Government is from the Judgment and order dated 26-11-96, passed by the Administrative Appellate Tribunal in Appea......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......o. 1. None represented-For Respondent No. Civil Appeal No. 33 of 2006. (From the judgment and order dated the 3rd day of August, 2004 passed by the High Court Division in Appeal from Original Decree (F.A.) No. 2 19 of 2002). Judgment ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
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