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Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... 3. The suit was filed stating, inter alia, that plaintiffs are the heirs and successors of late Zumman Ali who was "Master Tailor" in the employment of the Government of erstwhile East Pakistan in the Dhaka Central Jail and he died on September 11, 1969 leaving behind the plaintiffs ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..

Category: Employment/Service Law | Date: | Hits: 82

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

.... Samity Ltd. 2. The writ petitioners filed the aforesaid writ petition on the averment that they are the elected Members of the Bohumukhi Khudra Kutir Shilpa Samabaya Samity Ltd. The term of members of the Managing Committee of the Samity expired on March 6, 1998 and thereupon a new Manag......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..

Category: Civil Law | Date: | Hits: 126

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ....... 1 became the owner of the land owned by his father and continued possessing the same jointly with other defendants. 4. On account of default of payment of rent the then Government of East Pakistan sold the said land under 'C' schedule in auction to the plaintiff-respondent No. 1 on 21-1......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..

Category: Property Law | Date: | Hits: 42

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

....ives from justice, without at the same time ensuring that such persons conform to the judi­cial orders applicable to them. We fully subscribe to this view and reiter­ate that the attorneys and members of the bar will bear in mind the serious consequence of committing contempt of this Court i......d him­self to the authorities nor it was possible for the authorities to secure his arrest. In that situation, Chand Shah presented a petition for special leave to appeal before the Federal Court of Pakistan through his Attorney. But the Federal Court dismissed his petition refusing to grant him an...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..

Category: Anti-Corruption Laws | Date: | Hits: 139

Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)

.... and Assistant Judge, Mothbaria, Pirojpur impleading the petitioner  challenging the election of ward No.6 Tikikata Union Parishad under Mothbaria Upazilla held on 27.1.2003 for the post of member of the said Union Parishad. It was alleged that several candidates contested for the post of ......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..

Category: Election Law | Date: | Hits: 159

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......ng the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995,that total land acquisitioned for the Post, Telegraph and Telephone Department by the erstwhile Government of East Pakistan being admittedly 170.47 acres of land and the same being in possession of the requiring bo...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

....he post of Deputy Secretary Vide Notification dated 4.12.9.1 Annexure. "A" to Writ Petition No. 3193 of 1992 shows that in terms of sub-paras (Ka) and (Kha) of the first paragraph a five member Committee was formed with the Minister of State, Ministry of Establishment as Chairman and h......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..

Category: Employment/Service Law | Date: | Hits: 104

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

.....10.1975 but having been confirmed on 11.1.1991 with effect from 1.9.1980 when BCS Livestock as Cadre was created as such and had little chance to sit for the examination for confirmation whereas the members of the other Cadres had ample chance to sit for the examination for good many years, the pro...... 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. ...... 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

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......t petitioner company, a bonafide business concern doing business for over 50 years, was granted lease of Plot Nos. 118-121, Tejgaon Industrial Area, Dhaka for a period of 99 years by the then East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ..

Category: Property Law | Date: | Hits: 27

Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)

...., inter alia, that the suit land was allotted to one Musleem Miah, a refugee on 04.06.1963. The said Musleem Miah paid the entire money as per terms of allotment and lived in the suit land with other members of his family. The said Musleem Miah borrowed Tk. 3000/- from the father of the plaintiff an......e said Musleem Miah borrowed Tk. 3000/- from the father of the plaintiff and allowed him to stay in the land as a permissive possessor. After the war of liberation, Musleem Miah decided to migrate to Pakistan forever and handed over all the title papers in respect of the suit land in favour of the p......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..

Category: Tenancy Law | Date: | Hits: 139

Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)

....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......sh Chandra Chakravarty and Nakuleswar Chakravarty on the basis of family arrangement between them, Nakuleswar Chakravarty got the property in India and Umesh Chandra Chakravarty got the property in Pakistan. Umesh Chandra Chakravarty had a son by name, Biggya Ranjan and he became untraceable long......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ..

Category: Property Law | Date: | Hits: 20

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

....man shall dispose of the following business of the Local Council namely: (a) the appointment, transfer, punishment or removal of any servant of the Local Council, not being a member of the Local Council, Services whose pay does not exceed such limit as may be specified b......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..

Category: Civil Law | Date: | Hits: 107

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......performance of contract for sale of land said to have been entered into between the respondent and Mr. SM Hasan, the owner of the property on the basis of lease from the Government of the then East Pakistan. It is also seen from the judgment of the Court of Settlement that the said Court directed......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..

Category: Property Law | Date: | Hits: 32

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. ......have been substituted. But as a matter of fact the plaintiff did not know anything about the suit, nor he signed any vokalatnama or any petition in that suit. The plaintiff was all along serving in Pakistan Air Force and he was posted throughout in West Pakistan from 1952 to 1964 and the plaintif......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. ..

Category: Property Law | Date: | Hits: 102

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

.... absolute. 2. Short facts are that the writ petitioner filed the writ petition stating, inter alia, that he is a citizen and permanent resident of Bangladesh. After partition of India, some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari......ellip;…………………Respondent Judgment April 25,2004. Cases Referred To- Muhammad Chiragh-uddin Bhatti Vs. the Province of West Pakistan Supreme Court Monthly Review, 1971, 447; Daryao and others Vs. State of P.P and others,A.I......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. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ...... by order dated 12.01.1954  after obtaining a report from kanango of the office of the Deputy Commissioner, the Requisition Branch of the Revenue  Department of the then Government of East Pakistan was written for action to be taken on the revised plan received from the Executive Engine......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..

Category: Property Law | Date: | Hits: 25

Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)

....he quarters of Class 3 and 4 employees of Khagrachari Sadar Upazila Parishad, a project was taken up, and 3.0 metric tons of rice was allocated for implementation of the work of that project. A seven member project committee was formed of which accused petitioner, the Chairman of Golabari Union Pari......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. ......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. ..

Category: Anti-Corruption Laws | Date: | Hits: 117

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

.... with further extended period of 7 days. 9. Mr. Kamal submitted wealth statement on 25.02.2007 and they considered assets upto 25.02.2007. But A.C.C. considered income of Mr. Kamal and his family members upto 30.06.2006 from their income tax file. Their net income for those 8 months is more than......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. ......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. ..

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. ......om the rest of others, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for registratio......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. ..

Category: Intellectual Property Law | Date: | Hits: 231

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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 91