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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. ...... 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.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appell......, 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. ......d prayed for dismissal of the suit. 4. Upon recording evidence and hearing the parties the learned Subordinate Judge dismissed the suit, against which the petitioner took an appeal and the learned Judges of the High Court Division dismissed the appeal as aforesaid. 5. Leave was granted to cons..Category: Property Law | Date: | Hits: 41
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. ......e appellant company to re-instate the respondent No. 2 in his service with 10% back wages and attending benefits. 2. The respondent No.2 as complainant filed complaint Case No. 124 of 1987 before the 1st Labour Court Chittagong, stating, inter alia, that he was a permanent worker of the a......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. ......on 17(3) of the Act and inquiry committee having found respondent No.2 guilty after a fair and proper hearing affording all opportunities to respondent No. 2 to defend his case, the learned Judges of the High Court Division acted wrongly in affirming the judgment and order of the L..Category: Labour and Industrial Law | Date: | Hits: 117
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. ......rbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, 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 noti......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. ......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
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. ......sented by 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 anothe......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. ...... Gha (5) of the Emergency Power Rules, 2007 now pending in the Court of Metropolitan Sessions Judge and Senior Special Tribunal, Dhaka. 3. The aforesaid writ petition was moved before the learned Judges of the High Court Division and the learned Judges after hearing the learned Advocate for the ..Category: Civil Law | Date: | Hits: 125
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....rsuant to said order of the Appellate Division, the petitioner addressed number of letters to the respondents for disposing of their application dated 13.02.2002. Then on 14.01.2004 the JTV filed a contempt petition in the Appellate Division. The Commission moved a petition before the Appellate ......n (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ministry of Information, Represented by its Secretary, Government of Bangladesh & Others……&hel...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
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. ......ision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)............ 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. ......o admittedly secured the liability by executing letter of guarantee Annexure-'D' (Exhibit 3) DP Note Annexure-D(1)(Exhibit 4)(Gha) and all other charge documents as found by the majority Judges. 11. The learned Counsel further submits that the discharge of Rule by the High Court..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance 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) 140. ...... Marziana 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......no substance 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) 140. ......he petitioner and her vendor being present in Bangladesh having possession and occupation of her property in question, the property could never be declared as an abandoned property and the learned Judges of the High Court Division erred in law in not declaring that the inclusion of the peti..Category: Property Law | Date: | Hits: 23
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....parties to the original suit (decree), such as, the judgment debtor only. 5. It appears from the record that the High Court Division directing the petitioners to show cause by 25.07.2006 why contempt proceedings should not be drawn up against them for concealing tile judgment of Civil ......Syed Mahbubur 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...... 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. ...... 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
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellant. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 475 of 2006. (From the judgment and order dated 20-07-2006 passed by......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......e period as well as to pay a fine with default clause as mentioned above. As against this, the petitioner preferred the aforesaid Criminal Appeal before the High Court Division wherein the learned Judges of the High Court Division upon hearing the parties dismissed the appeal with a finding that..Category: Criminal Law | Date: | Hits: 37
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... Memo No.7 Bichar-7/2N-50/87(Part)(11)/132 dated 14.2.2005 issued under the signature of respondent No.2 giving approval to the appointment of respondent No.4 as Nikah Registrar on temporary basis for 7 Puti Bila Union Parishad under Lohagara Upazilla, District-Chittagong purported to have been ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......n) Act, 1974 and the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975. 2. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner submitted that the Judges of the High Court Division failed to take notice that appointment of respondent No.4 curtai..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......ges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged a First Information Report with the Nabinagar Police Station on 26-02-2002 against ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... Druta Bichar Case No.22 of 2004. 4. The petitioner being thus aggrieved by the said order dated 21 -11-2004 moved Writ Petition No. 6362 of 2004 before the High Court Division. The learned Judges of the High Court Division, after hearing the parties, disposed of the application directing..Category: Criminal Law | Date: | Hits: 31
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. .......1991 passed by the learned Sessions Judge, Sirajgonj in Session Case No.14 of 1990 convicting the respondent under section 304, Part-1, of the Penal Code and sentencing him to suffer imprisonment for 10(ten) years and to pay a fine of Tk.75,000/- in default to suffer rigorous imprisonment for t......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ...... issued therein was discharged. Leave was granted to consider the submissions that in the present case the circumstantial evidences are very strong to prove the guilt of respondent and the learned Judges of the High Court Division acted wrongly in giving the respondent benefit of doubt without c..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....of the Court's order regarding handing over possession of the property to the claimant. In the background of the undertaking given by the petitioner through his learned Advocate the hearing of the contempt petition was adjourned to August 2, 2001. From the materials on record it is seen that in......cate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 25 of 2004. (From the judgment dated December 14, 2003 passed in Civil Petition for Leave to Appeal No. 2071 of 2001). Judgment &n...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......……………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceed......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......ed the High Court Division and as stated earlier obtained Rules and after hearing the High Court Division discharged the Rules. 4. The learned counsel for the petitioners submits that the learned Judges of the High Court Division failed to take into consideration that the petitioners played no r..Category: Anti-Corruption Laws | Date: | Hits: 152
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... Joynul Abedin J. - This appeal by leave arises out of the judgment and order dated 19.4.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.732 of 2000 filed for quashing the proceedings in S.T. Case No. 381 of 1999 now pending before the learned Additional ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... Criminal Procedure by himself is an illegality in the fact and circumstances of the case. In other words, in the fact and circumstances of the present case, whether the impugned order of the learned Judges of the High Court Division in sending the case back to the Chief Metropolitan Magistrate for ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 could be evicted on 5.8.1999 at 11 A. M. and in the above Memo the Deputy Commissioner to Police (West) Dhaka was also informed that Mr. Badra Munir Ferdous Assistant Commissioner and magistrate, Dhaka Collect rate, was t......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......er, we find is not so simple" and that in entering into the question of conflicting claim of title as in fact the persons named in V. P. Case No. 210 of 1980 were the original owners that the learned Judges of the High Court Division misdirected themselves and question of title and that raising "dis..Category: Property Law | Date: | Hits: 40
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ...... passed by a Division Bench of the High Court Division in Criminal Appeal No. 3145 of 2000 dismissing the appeal. 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to accused Abu Hanif. After marriage her husband went to Saudi Arabia......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......ection 27(1) of the Ain exercised the jurisdiction vested to the tribunal to take cognizance of the offence. 14. We have perused the impugned judgment of the High Court Division. The learned Judges have elaborately discussed the provision of law including Section 27(1) of the Ain and also ..Category: Criminal Law | Date: | Hits: 41
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ...... March 20, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 136 of 2006. (From the judgment and order dated 07-12-2005 passed by......hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ...... and order dated 09-04-1996 passed by the learned Additional Sessions Judge, Pabna, the petitioner moved the High Court Division by filing Criminal Miscellaneous Case No.885 of 1997 and the learned Judges of the High Court Division upon hearing the parties reversing the judgment and order dated 0..Category: Property Law | Date: | Hits: 21
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 Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular ac......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. ......rovision made in the Ain in sections 5 and 6 thereof provides for trial of specified cases by Druto Bichar Tribunal upon transfer of pending cases of the nature from the Court of the learned Sessions Judges set up for speedy trial in six Divisions of the Country. It is true to be submitted that pr..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. ......y the High Court Division in Civil Revision No. 2444 of 1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single j......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. ......ication and once such notification was published the suitland should be taken to have been validly taken over by and vested in the Government in the Ministry of Forest. But the learned Judges of the High Court Division have erred in decreeing the suit in both the cases by failing to ..Category: Property Law | Date: | Hits: 23
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