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Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

.... 22.11.2003 addressed to the learned Additional Attorney General. The premise i.e. land in suit has been acquired, upon which the High Court Division proceeded and finally arrived at the finding that prior to the purchase by the plaintiffs the land claimed by them vested in the Government and as suc......view of the discussions made herein-above 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:II ADC (2005) 326. ...... asked the learned Additional Attorney General to obtain report from the Government as to the status of the land in suit. The learned Additional Attorney General on 9.11.2003 requested the Secretary, Ministry of Land to furnish informa­tion in respect of the land of plot No. 685 as regard which L.A..

Category: Property Law | Date: | Hits: 45

Bangladesh and oth­ers Vs. Jahangir Alam and others, 1998, 27 CLC (AD)

....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......om 1404-1406 B.S. But the relevant authori­ty allowed his prayer only with respect to Beki beel and Feni beel situated within Kishorgonj District. He filed a review application in the concerned Ministry. But while his review peti­tion had been under the process of being con­sidered b..

Category: Property Law | Date: | Hits: 34

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......lader, learned Advocate-on-Record appearing for plaintiff-respondent Nos. 2 and 3 submits that in view of the policy of the Government notified vide Gazette Notification dated 8.3.95 published by the Ministry of Land, the plaintiffs were entitled to get settlement of unused acquired land in preferen..

Category: Tenancy Law | Date: | Hits: 124

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

.... the rate of interest to be given to the mortgagee. 17. Next, in the case of Dawoodbhia Kassamji Matiwalla Vs. Shaikhali Alibhoy, AIR 1953 (Bom) 445 it was held that the posi­tion of law prior to 1929 was that the Court could not deprive the mortgagee of the interest agreed upon till ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... memo dated 15.4.97 were sent to all concerned including Commissioner Dhaka Division who is the president of Abandoned Property Management Cell Dhaka and also to the Joint Secretary (Monitoring Cell) Ministry of Works. But on 21.4.1997 the proforma respondents No.2, at the direction of the authority..

Category: Criminal Law | Date: | Hits: 51

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....sit of half the decretal dues was a bar to a writ petition. This case distinguished itself from the case of Nagina Silk Mills Ltd. Vs. Income Tax Officer reported in 15 DLR (SC) 181 requiring deposit prior to appeal in that" Nagina Silk Mills Ltd. was a case under the Income Tax Act. In the present ......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka...................

Category: Property Law | Date: | Hits: 32

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....visions that habitual absence without leave or absence without leave for more than ten days shall be treat­ed as misconduct. 8. It is admitted that the petitioner was absent for ten days prior to 19th October, 1994. Mr. Khondker Mahbuddin Ahmed has argued that the petitioner came to hi......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..

Category: Employment/Service Law | Date: | Hits: 81

Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)

....t dismissed the I.R.O. Case holding, inter alia, that there being no industrial dispute the same was not maintain­able and that respondent No. 2 was not entitled to the salary he had not earned prior to his termination from service on 11.5.89. The Labour Court further held that although in vi......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ..

Category: Labour and Industrial Law | Date: | Hits: 105

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....Acquisition Officer issued and made over a notice of the 'final award' in Form ‘J’ under clause (aa) of section 7 of the Act to the appellant on 24 January 1993. It does not appear that prior approval of the Government was obtained for the assessment as required under the said provisi...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28

Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)

.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......in: II ADC (2005) 87. ..

Category: Civil Law | Date: | Hits: 117

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......ition No. 588 of 2001 challenging the legality of the order contained in Memo No. AP-34/67/6907/1(4) dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case..

Category: Property Law | Date: | Hits: 30

Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)

....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitione..

Category: Property Law | Date: | Hits: 29

Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)

....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangla..

Category: Property Law | Date: | Hits: 37

Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)

....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......000 making the Rule absolute. 2. The respondent No. 1, filed the above writ petition challenging the Memo No. 1372 Bichar-7/2N-146/80 dated 6.6.2000 issued by the Senior Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs, stating, inter alia, that he hails from No. 9 ..

Category: Civil Law | Date: | Hits: 133

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......l Islam J Rupali Bank Ltd. Head office, Motijheel Commercial Area, Dhaka...........Appellant (In Civil Appeal No. 97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. ..

Category: Property Law | Date: | Hits: 35

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......etter of credit opened was classified under H.S. Code No. 4813.60, that on arrival of the goods the clearing and Forwarding Agent of the respondent submitted Bill of Entry on November 13, 1993 for clearance of the goods and thereupon Customs authority directed the Agent of the respondent to decl......ed October 11,1984 the last date of opening of Letter of Credit was extended upto October 31,1984 and the last date of shipment was also extended upto November 30, 1984, that the Government in the Ministry of Finance by S.R.O. dated October 16, 1984 in exercise of powers conferred by section 19 ..

Category: Fiscal/Taxation Law | Date: | Hits: 74

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ...... the property of "Ka" schedule and the defen­dant authority had accepted the said high­est bid of the plaintiff and decide to sell the property to the plaintiff and thereafter the Ministry of Jute by a telex dated 05.09.1992 had directed the Managing Director of the plaintiff co..

Category: Property Law | Date: | Hits: 42

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......ons of a Senior Assistant Director (Administration) and he has been paid salary upto May, 2005. 4. The writ petitioner's joining report was accepted by the Director General, B.A.R.I. But the Ministry of Agricultural vide Memo No. K…gÐZ/PvKzix(wb‡qvM) 37 (evwi) 2003/253 da..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

.... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......har and others..... Respondents Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works and others, Law Guardian (AD) Vol. 4 p- 125; Bangladesh Vs. Jaheruddin, 1986 BLD (..

Category: Limitation Law | Date: | Hits: 241