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MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... the former President HM Ershad and MM Rahmatullah former ChairÂman of DIT have caused a loss of Taka 5,48,70,900 to DIT (RAJUK) by corrupt or illegal means or by otherwise abusing their position as public servants had obtained for themselves or the appellants and others pecuniary advantage of the ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, repreÂsented by the Secretary, Ministry of Public Works, Dhaka and others…â......llant hopeÂlessly failed to prove his case, so there being no substance the appeal is accordÂingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..Category: Tenancy Law | Date: | Hits: 155
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
.... of bank guarantee, in lieu of deposit of decretal 'Money', can be construed as sufficient compliance of the provisions of Section 7(2) of the said Ain and the same is a question of great public importance, particularly, in view of the conflicting decisions given by two Divisions Bench......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....d the rule issued in both the writ petitions contending that the case land was acquired by the Government to enable the writ-respondent No.5 to set up their export-oriented industry, which was for public purpose, by issuing notice under section 3 of the Acquisition and Requisition of Immovable P......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
.... in the arguments touching the scope of the powers of this Court under Article 142(1) of the Constitution ...The proposition that a provision in any ordinary law irrespective of the importance of the public policy on which it is founded, operates to limit the powers of the Apex Court under Article 1......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....t evidence as found by the trial Court and that the High Court Division failed to consider that in a case of benami transaction, who makes the purchase takes all possible care to see that all public records stand in the name of the benamdar and that it becomes of very little importance when......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
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. ......Proceeding No.374 of 1963-64. Sale was confirmed on 15-8-1964. The plaintiff obtained sale certificate and delivery of possession on 5-10-1964 through court and went into possession and was in peaceful possession for more than 12(twelve) years and paid rents up to date. At the instance of d..Category: Property Law | Date: | Hits: 42
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....ion of the procedure relating to apprehenÂsion of a person by the law enforcing agency either at its level or in compliance of the process of the Court or that without exhaustion of the procedure by public notification/publication of notice in the newspaper, the person whose presence is wanted befo...... 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
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ase without the recommendation of the District Committee and in the present cases those are wanting and that the government can change rules for achieving administrative efficiency and/or for public interest and the government, having suffered loss of huge revenue due to the misma......, started extracting and lifting stones from their respective pathor mohals with satisfaction of all concerned and that towards the end of the 2nd year of their leases they while extracting stones peace-fully on investing further fund of improving the extraction facilities of stones, they filed ..Category: Others | Date: | Hits: 101
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....il to understand how the writ petitioner is aggrieved. 6. The writ petitioner, a Professor of Department of Physics of the University of Chittagong brought the writ petition in pro bono publico as a public interest litigation. 7. This Division in the case of Dr. Mohiuddin......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....he Rural Electrification Board Ordinance 1977, Ordinance 1977, has given unbridled power to the Board the Board to transfer electricity lines from municipal area to the Board which is against public interest. The respondents opposed the Rule by filing affidavit-in-opposition stating th......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....n was filed seeking a declaration that the notification of the respondent No.1, Bangladesh Bank published in various national dailies on 28.01.2005 and 29.01.2005 warning the members of the general public from dealing with the petitioner as it has been attracting deposits from the general public......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..Category: Banking Law | Date: | Hits: 292
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
....Under Sub-section (2) Court includes Revenue Court. The object of this section is to prevent improper or reckless prosecution by private persons for offence in connection with the administration of public justice inasmuch as aimed at giving protection to the parties and witnesses against vexatio...... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ..Category: Criminal Law | Date: | Hits: 45
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
.... India, AIR 1937 SC 386 (Para 16) and JB Chopra vs. Union of India AIR 1987 SC 357 (Para 2), strike down any law or rule on the ground of its constitutionality. A person in the service of the Republic who intends to invoke fundamental right for challenging the vires of a law will seek his re......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
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....No. 1527 of 2003) Olympic Industries Ltd. ………...Petitioners (In Civil Petition No. 1528 of 2003) Vs. Registrar of Trade Marks, Government of the People's Republic of Bangladesh and others ……………………Resp......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Secretary, Ministry of Housing and Public Work......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ..Category: Property Law | Date: | Hits: 27
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
.... enlisted as workers of the industry in the said SROs would draw their salaries under the Rules of Wage Board and the others not being workers would draw their salaries under National Pay Scale as public servant. 5. Mr. Sayyid Shahid Hussain, the learned Advocate appearing for the petitio......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....ed temporarily on ad-hoc basis in the Bangladesh Livestock Service (Junior) as Thana Livestock Officers under Notification No. 8/Admn-110/76-347 dated 12.6.76. Subsequently upon the recommendation of public service commission the appellant Nos.2 and 3 were regularized in their services under Notific...... 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. ......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
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....00 to the respondents by the petitioners, passed in Contempt Petition No. 188 of 2005, arising out of Writ Petition No.6156 of 2005 moved under Article 102 (2) of the Constitution of the People's Republic of Bangladesh against the order dated 25-07-2005 passed by the learned Judge, Artha Rin Ada......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102