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Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......on him or the prop­erty except for their maintenance. He can dispose it off as he pleases, and they can­not require a partition. The sons have no ownership while the father is alive and free from defect. Upon his death, the prop­erty in the sons arises, and with it the right to a...... the certified copy of the deed of gift and filed the instant suit and the further case of the plaintiff is that the plaintiff and the defen­dant have been living in plot No.15 of Mazidia Mouza from life time of their father. The suit land is also being possessed by the plaintiff as he is the......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..

Category: Property Law | Date: | Hits: 24

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......rit of certiorari or mandamus or any other writ, order or direction may kindly be issued to the respondents commanding them to treat the agricultural land and its appurtenances as an evacuee property free from any encumbrances". It was prayed- "that the agreement of sale dated the 6th ...... M. Anwar, Senior Advocate, instructed by M. A. Rehman, Advocate-on-Record—For Respondent No. 1. Ex Parte- Respondent Nos. 2 and 3. Civil Appeal No. 8 of 1967. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th September, 19......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..

Category: Property Law | Date: | Hits: 28

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....n of lay out plan. The learned Counsel further submits that the High Court Division erred in not appreciating that if Gulshan and other lakes and open space are allowed to be encroached upon then the environment of Dhaka will suffer. Even a "land hungry" country deserve to be spared being a ghetto. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 36

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....re 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: VI ADC (2009) 121. ......in Shilpa Bhaban and the Boiler Department of the Ministry of Industries, the leases were rightly cancelled and that in the year 2001-2002, the Audit Team of the Government raised objection on the free use of the said premises by the two trade unions of the Ministry of Industries and demanded re......ated at 91 Motijheel Commercial Area, Dhaka, was under the management and control of different bodies at different times and 19.10.1991, following a deci­sion of the Cabinet, it was handed over from the control of Biniyog Board to the Public Works Department and even then thereafter, the Min......re 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: VI ADC (2009) 121. ..

Category: Civil Law | Date: | Hits: 84

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....pulous and unruly persons having no civic sense or respect for law and very often including in quarrel and violence and thereby they are causing damage to the peaceful and congenial atmosphere and environment of the locality; the writ petitioner was delaying to get the lease deed registered with......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... addressed to the Secretary of the respondent No.1 whereby RAJUK cancelled the allotment of the said land made earlier in favour of the respondent No.1 and further asked to remove the construction from the land; the respondent No.1 got the allotment in 1964, paid the  price of the  del......its by way of collection of rents from the dwellers of the slums; the writ petitioner was requested to remove the Bastighars and unauthorized constructions made thereon so as to save the place from pollution of environmental hazards but the writ petitioner paid no heed to it; the place, namely, G..

Category: Property Law | Date: | Hits: 28

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......of the property has mutated her name in the record of rights and paying the taxes and other dues to different authorities and this fact is sufficient to show that the property in question "is free from encumbrances". 8. Leave was granted to consider the contentions that the enli...... been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the list of abandoned properties. 2. The writ petition was filed challenging legality o...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..

Category: Property Law | Date: | Hits: 29

Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)

....to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......ing himself in passing the impugned judgment in violation of Rule 78 of K.D.A. 8. Admittedly the land in question was acquired as per L.A. Case No. 2A/1965-66 and it vested in the Government free from all encumbrances. 9. It appears that the petitioner himself applied for allotment......d to get back the schedule land @ Tk.712/- per katha at the maximum and for manda­tory injunction for return of the schedule land to the plaintiffs and also for restrain­ing the defendants from transferring the suit land in any way to any one other than these plaintiffs and other ancilla......to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..

Category: Property Law | Date: | Hits: 26

Shabul Miah Vs. State, 2008, 37 CLC (AD)

.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 986. ......g the petitioner pleaded not guilty and the defence plea, as it appeared from the trend of cross-examination of the pros­ecution witnesses, was that on 12.11.2000 at about 6.00 A.M. there was a free fight between the men of the informant and the men of the petitioner on the road in front of t......;                Md. Tafazzul Islam J.- The petitioner, the condemned-prisoner, seeks    leave to appeal from jail by filing this petition challenging the judgment and order dated 20.5.2007 passed by the&...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 986. ..

Category: Criminal Law | Date: | Hits: 39

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ......rarium/Rastrio Sammani Bhata and other benefits or curtailing of the Honorarium to the writ petitioners in the respective writ petitions who participated in the liberation war and, as such, are the freedom fighters. 5. It may be mentioned Honorarium was fixed for the freedom fighters in re......o­ber, 2002 to up to date and onwards, fixed at the time of award". "The respondents are also directed to pay all arrears outstanding to the petitioner within two months from the date of receipt of the copy of this judgment and order" (in Writ Petition No. 955 of......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ..

Category: Civil Law | Date: | Hits: 126

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

.... from any illegality or infirmity for our interference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ...... appreciates the need of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds;  (d) The legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is ......70 by the Directorate of Livestock Services and joined the said post on 12.8.1970 and that he was temporarily appointed on regular basis in the Bangladesh Livestock Service (Junior) Cadre with effect from 21.10.1975 under Notification No.67Admn/LS-29/78/213 dated 18.3.1978. The appellant No. 2 was a...... from any illegality or infirmity for our interference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..

Category: Employment/Service Law | Date: | Hits: 133

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. ......fication in the official gazette that the Government has decided to acquire the requisitioned property and with such publication, the requisitioned property shall vest absolutely in the Government free from all encumbrances; that the period of such requisition of such property shall and is the s......ge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case stating, inte......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. ..

Category: Property Law | Date: | Hits: 37

Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)

.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... Ashim Kumar Ukil, son of Late Sukumer Ukil of House No.40B, Road No. 11, Dhanmondi, Dhaka brought before this Court from Dhaka Central Jail today, the 16th day of September, 2002 be and is set free at once from the Court premises today." 4. The learned Deputy Attorney General......st the State and planning of sabotage activities. Police Officer of the Detective Branch (DB) further disclosed that the detenu is involved in M-16 Rifle case and having obtained anticipatory bail from the High Court Division, could not be arrested in connection with the said case and hence had ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..

Category: Criminal Law | Date: | Hits: 109

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......e the Tribunal.  27. On perusal of the said provision of impugned Ain in juxtaposition with the normal law of the land we do not find that any right of the accused has been curtailed to get a free, fair and impartial trial before a Tribunal.  28. Druto Bichar Tribunal Ain, 2002 provi......rder dated 9-11-2003 passed by the High Court Division in Writ Petition No. 5951 of 2003 directing the writ-respondents-petitioners in the leave petition, to pass necessary order within 2 (two) weeks from the date of receipt of the order for trial of the Companigonj Police Station Case No. 11 dated ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......ch the vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the plaintiffs and the plaintiffs are entitled to rever­sion of the same free from control and manage­ment of the Forest Department on the following allegations. ......e vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the plaintiffs and the plaintiffs are entitled to rever­sion of the same free from control and manage­ment of the Forest Department on the following allegations. 4. T......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..

Category: Property Law | Date: | Hits: 23

Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)

....lightest tension and anxiety may cause serious nervous breakdown and he has been advised not to take any degree on mental stress, pressure and anxiety and advised to lead life in a peaceful family environment but no med­ical certificate has been annexed to above effect. 4. Admittedly ......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......o.1 alleged that he has suffered head injury in an incident while saving the life of a worker being hurt with a shaft of a container resulting in blood clog in his brain and accordingly, suffering from 'Sub Dufal riaemmorrhage' causing brain disorder and resulting in impairment of his thought pr......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ..

Category: Others | Date: | Hits: 84

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Limitation Act, that plaintiffs made the demand for return of possession in the 1st part of Magh, 1395 BS since by that time the mortgage being an usufructuary mortgage, the land in question became free from mortgage, that in case of usufructuary mortgage period of limitation as per provision of ...... 1989 in respect of 8 decimals of land of Plot No. 4346 and the defendant Nos. 5 and 7 in collusion with defendant Nos. 13 and 14 created a deed of sale dated August 31, 1989 for 3 decimals of land from the eastern part of plot No. 4344, that defendant Nos. 2 and 3 in collusion with the defendant......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..

Category: Property Law | Date: | Hits: 48

Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)

.... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ...... above authority. Their further case is that restriction on import of petroleum was withdrawn in the Import Policy Orders 1991-1993 and 1993-1995 and the petro­leum products were placed in the free list after it was withdrawn from the control list. So there was no restriction for import of t......ion or by the Bangladesh Petroleum Corporation. Their case, in short, is that in pursuance of the import policy announced by the Government they imported 16,315,565 metric tons of High Speed Diesel from Singapore. The said consign­ment arrived at the Chittagong port on 28.12.1993 and duties w...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..

Category: Business or Commercial Law | Date: | Hits: 94

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......e High Court Division erred in law in reversing the concurrent find­ings of the learned trial Court as well as the appellate Court, based on due consideration of the evi­dence on record and free from any error of law occasioning a failure of justice." 5. Mr. Shaikh Razzaque Al......herein as the plaintiff instituted above title suit for permanent injunction against the respondent in the 3rd Court of Munsif, Jessore, in respect of the suit land restraining the respon­dent from disturbing the appellant there­fore or interfering in any way with the peaceful possession......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ...... licence is always subject to any change and the amendment applied to each and every one when it comes into effect. The law itself has been introduced for the purpose of keeping the environ­ment free from all population and in that view the matter such amendments have been introduced. It is......­er should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the Upazila Chairman, Katchua, Chandpur, in the year 1990 and set up a Brick Field on 2.00 acre......h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..

Category: Environmental Law | Date: | Hits: 517

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....n food on a sustainable basis by assisting the poor and small farmers to increase their production by ensuring measures against crop losses from diseases and pest infestation without affecting the environment. The project was approved by the Executive Committee of the National Economic Council (......sis up to the comple­tion of the Phase-I or the writ-respondents i.e. the Government was under any legal obligation to absorb them in the Phase-II of the- Project,(b)whether the Government was free to amend the Project Pro-forma enabling it to implement Phase-II of the Project by taking step......on the aforesaid SPPS Project to attain self-sufficiency in food on a sustainable basis by assisting the poor and small farmers to increase their production by ensuring measures against crop losses from diseases and pest infestation without affecting the environment. The project was approved by t......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146