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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. ......sted as disabled Freedom Fighter as per the decision of the 60th meeting of the Board of Trustees of the Trust. Therefore, he as listed disabled freedom Fighter has been receiving his honorarium in full since that date. 9. It is a matter of surprise, that after long lapse of 32 years the d......eprived of their established right of receiving the Honorarium/ Rastrio Sammani Bhata in a whimsical and captitious manner and that action impugned i.e. cancellation/curtailment/reduction/stoppage/non-payment of the Honorarium was a malafide action of the Writ respondents and same manifests ..Category: Civil Law | Date: | Hits: 126
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......eration. The suit land was sold in auction for arrear of rent in Certificate Case No. 25/20-21 on 11-9-1922 and auction-purchased by one Abala Sundari in the benami of Upendra Lal Chowdhury and Prafulla Bala Debt and got delivery of possession through Court. Upendra Lai Chowdhury by registe......er the same under section 54 (A) of the Transfer of Property Act. The defendant Nos. 2 to 14 have got no right, title, interest and possession over the suit land but they have fraudulently managed to have their names recorded in the BS khatian and now they are claiming title over the suit l..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......w the convict appellant sign the allegedly forged document. Nobody saw him taking the stamp. But the vital evidence is Exhibit 5 and Exhibit 6. In Exhibit 5 signature of Md Nurul Amin signed is in full. On Exhibit 6 where the forgery was committed bearing initial. It appears that from those two ......received by Jessore M & SO-2 and that from the office of Jessore M & S-1 the articles being packed in three parcel bags bearing serial Nos. 3/5, 4/5 and 5/5 were handed over to aforesaid mail agent accused Nurul Amin and the accused Nurul Amin on 24-12-1988 handed over 34 bags in place of 35..Category: Anti-Corruption Laws | Date: | Hits: 173
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... 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. ...... purview of Emergency Ordinance, 2007 and the Emergency Power Rules, 2007 and the learned Judges of the High Court Division considering the facts in issue and law involved in the case, rightly and lawfully issued Rule Nisi in the writ petition invoking original jurisdiction and stayed further proc......ging alleged cognizable offence against the writ petitioner any process from the Court has been issued either directing the writ petitioner to appear before the Court or directing the law enforcing agency to take the writ petitioner into its custody and to produce him before the Court. No material..Category: Anti-Corruption Laws | Date: | Hits: 139
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....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. ......ment was published in the daily Karnaphuly on 01.06.2004. The further case is that the Chittagong University has a Planning Committee which is generally composed of one-third of the total number of full time teachers in order of seniority, with a minimum of three members and one of the primary f......ement for appointment of teachers was made. Hence the resolutions and advertisement are without lawful authority. 3. The respondent's case is that the Planning Committee did not take up the agenda for recruitment of teachers in the vacant post of the Department of Geography in three conse..Category: Civil Law | Date: | Hits: 134
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....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. ......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. ......t No. 1-writ-petitioner filed the writ petition stating, inter alia, that he was appointed as an Imam under the petitioner Mills on 15.9.1975 and is a worker under Public Corporation (Management and Coordination) Ordinance, 1986 as amended by Act 17 of 1994 which in section 2(e) provi..Category: Labour and Industrial Law | Date: | Hits: 77
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......as caused miscarriage of justice; that under Section 18 of the Premises of Rent Control Act no decree for recovery of possession of any premises shall be passed as long as the tenant paid rent to the full allowable by the Ordinance and admittedly rent for the month of January and February, 1998 was ......at the defendant was not a defaulter in respect of payment of monthly rents and this being a finding of fact should not be disturbed by the revisional Court and as such, the same has caused miscarriage of justice; that under Section 18 of the Premises of Rent Control Act no decree for recovery of ..Category: Tenancy Law | Date: | Hits: 151
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......hs upon collecting the necessary certificates, that the defendants subsequent to the execution of the agreement received further amount of Tk. 13,000/- upon making endorsement on the reverse page of agreement, that the defendants delayed the execution and registration of the docum..Category: Civil Law | Date: | Hits: 74
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......tion Miscellaneous Case. The 2nd party also enchased performance bond for Tk.5, 39,186.00. The contract provides for deduction of the security money from running bills only, after adjustment of the full earnest money from each running bill before the earnest money was exhausted. As a result all ......e work, In the event of failure of the 1st party to commence and complete the work with in the stipulated time the 1st party would be subjected to diverse punishment viz imposition of liquidated damage, cancellation of contract forfeiture of security money and performance bond and sale of plants ..Category: Business or Commercial Law | Date: | Hits: 129
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ...... desired to be heard in person; that the charges as framed against the petitioner Was enquired into by appointing an Enquiry Officer who after enquiry in presence of the petitioner found guilty in full for charge No.1 and in part for the charge No.2; that the authority, the S.P. Feni on consider......o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ..Category: Administrative Law | Date: | Hits: 89
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....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. ...... the suit land in favour of the plaintiff’s father. On 30.10.1973 Musleem Miah executed a transfer deed in favour of the plaintiff’s father and that transfer deed was signed by Sirajul Islam, the full brother of Musleem Miah. Since the plaintiff’s father was in possession till his death, a g......nd disclosed about a bainanama from Musleem Miah in respect of the suit property and also claimed the ownership of the suit homestead. The further case of the plaintiff is that the defendant No. 1 managed to get a survey report on 31.03.1983 showing his possession in the suit homestead. Musleem Miah..Category: Tenancy Law | Date: | Hits: 139
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... or infirmity 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) 673. ...... or infirmity 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) 673. ......to show that before purchasing some land, from the defendant No.1 in 1381 B.S. the plaintiffs ever paid rent; that Tukku Mia had been living at the house of his father-in-law till his death at the age of 60-65 years and after his death his son, plaintiff No.1, also lived there; further till 1981..Category: Property Law | Date: | Hits: 20
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......cre. The further case of the plaintiff is that by an amicable partition Namiruddin got 3.34 acre of land in his own share and while in possession he died leaving behind one widow Nashiran Bewa and full brother's sons, the plaintiff Nos. 1-3. After the death of Namiruddin, the plaintiffs while in......nt No.23. The defendant No.23 got an area of 4.05 acres of land. The further case is that Namiruddin had no issue and he adopted Namiran Nessa as his daughter. Namiran Nessa was given in marriage with the defendant No.23 and was taken as domesticated son-in—law. They used to reside at..Category: Property Law | Date: | Hits: 23
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
....ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. ......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. ......ging Director of the Mills sent his application for consideration to the higher authority. The said application was not considered by the authority on the ground that he did not attain the required age of golden handshake. The plaintiff thereafter joined Natore Sugar Mills on 1.2.1997 on transfe..Category: Employment/Service Law | Date: | Hits: 61
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......endant No. 2 (RAJUK) to certain Khaleda Rahman and the allotment was completed by execution and registration of the lease deed between RAJUK and Khaleda Rahman, wife of Md. Mojibur Rahman, that the full consideration money of the leased land was paid and possession was duly delivered to the allo......es and the relevant documents with RAJUK for mutation but as he was not aware of the prescribed time limit of such submission directed by the letter dated 26.6.88, he submitted those at a belated stage. The opposite parties could not show anything before the courts below that the letter dated 26..Category: Property Law | Date: | Hits: 30
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. ...... 2 was charged with making over payments which constitutes misconduct within the meaning of section 17(3) of the Employment of Labour (Standing Orders) Act, 1965; inquiry was held and he was given full opportunity of being heard and the inquiry committee found him (respondent No. 2) guilty of th......gment and order dated 30th May, 1990 passed by the respondent No.1 in Complaint Case No.124 of 1987 directing the 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. ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ...... requiring to submit the information sought for by the impugned notice relates to the assets acquired by the writ-petitioner including the bank accounts, but such statement could not be prepared with full correctness, without ascertaining the documents already seized and lying in the various offices...... writ-petitioner in any way because the consequence is the same and that, since the submission of the "wealth and property statement" as required was designed to gather information at a preliminary stage and that the "textual differences in section 26 of the Act and Form 5 under reference" do not ma..Category: Anti-Corruption Laws | Date: | Hits: 144
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......re of Hamijuddin was inherited by his sons and daughters, defendant Nos.1-6. Sarbanu had no other name like Sawrupjan and Sarbanu was never married to Ludu Mollah. Hamijuddin in over to deprive his full sister, Somarthaban Bibi created a forged, fabricated document on 23.12.1920 and no poss......is full sister, Somarthaban Bibi created a forged, fabricated document on 23.12.1920 and no possession was delivered and no consideration money passed. When Somarthaban Bibi was given in marriage with Safar Mollah her husband Safar Molla erected homestead in a portion of the land wherein H..Category: Property Law | Date: | Hits: 25
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......upon referring to the evidences of P.Ws.1-4 has submitted that these witnesses did not say that victim was called from his house by the petitioners. He has also referred to the fact that mother and full brother of the informant were present at the time of calling the victim but mother was not ex...... courts below failed to consider evidence of the P.Ws. including P.W.1 and 9 in particular, who categorically stated that victim Saiful had illicit connection with the wife of one Sabed Ali of village-Mahatala for which several Shalish baithaks were held. They also failed to notice that during a..Category: Civil Law | Date: | Hits: 87
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. ......r the Police Station Uttara at a consideration of TK.46,5000.00 and took over possession. On that basis a regular sale deed (Ext.56 Cha) was executed and registered on 09.05.1969 on receipt of the full consideration money. Thereafter, the appellants raised its entire purchased land and developed......ance cost of TK. 50,00,000.00 on the basis of materials on record particularly Ext.56. Besides, the Joint District Judge and the Arbitrator in making final assessment erroneously considered the average value of lands of the period from 1972 to 2000 instead of the period from 1988 to 2000 from suc..Category: Property Law | Date: | Hits: 37
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