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Arun Karmakar Vs. State, 2002, 31 CLC (AD)
.... of any minor as the determination of such a question depends on several facts and circumstances including documentary and other evidence. 4. Pobir Halder the learned Advocate submits that the power of the High Court Division under section 491 of the Code of Criminal Procedure is quite indepe...... Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangl......efore the Civil Surgeon, for ascertaining her age and excepting Uqbal Hossain, Shaikh Biddut Ali and Md. Shahudul all other accused persons have been enlarged on bail. The learned Sessions Judge also called for a certificate from the Head Master of Mozahar Memorial Madhayamik Biddalaya, Kaliganj, Sa......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
.... possession on the strength of notice dated 29.12.1976. But this notice was ultimately found to be illegal and of no legal effect by the High Court Division. In such a situation can a court remain powerless and a silent spectator and watch that in spite of the fact that a decree has been passed ...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others............ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ng aside the decree of the trial Court holding the suit as not maintainable; that impugned memo dated 06.04.1999 is ex facie, illegal and without jurisdiction and has not been issued in exercise of power under Section 9 of the Building Construction Act, and the same is violation of principle of ......1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to&nbs......shy;son in respect of anything which in good faith done or intended to be done under this Act. By this enactment, the legislature has ousted the jurisdiction of the Civil Court from interfering or calling in question of any order passed by the appellant under the aforesaid Act. Thus, the Ci......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......………..Petitioner Vs. Md. Firoj Ahmed ............Respondent Judgment September 30, 2007. Lawyers Involved: Abu Bakker Siddique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..Category: Criminal Law | Date: | Hits: 37
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ...... Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- For Respondents. Civil Petition for Leave to Appeal No. 800 of 2005. (From the judgment and order dated 21.6.2005 passed by the High ......that the High Court Division on proper consideration of materials on record and the law involved discharged the Rule and accordingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also ......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ..Category: Property Law | Date: | Hits: 21
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....e statements made in paragraph No. 4 of the writ-petition are not correct. 4. Md. Abdul Jabbar, the learned Advocate appearing for the petitioner, submits that the Government has ample power to curtail any area and create a new area and a Nikah Registrar may be appointed in the newly...... Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1188 of 2005. (From the judgment and order dated 07-12-2004 passed by the Hig......submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ..Category: Civil Law | Date: | Hits: 81
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
.... the father is alive and free from defect. Upon his death, the property in the sons arises, and with it the right to a partition' (ss. 273, 275)3. A father under Mitakshara law has no such power over joint family property. He cannot dispose of it, not even his own interest there&sh......d, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. Th......y;tion proceeding was not available before the Assistant Judge to look into the matter whether in that proceeding Ram Nath notified his brother or whether kept the matter concealed. If after calling for the record or by perusing certified copy, it could be gathered that the plaintiff was ......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... Matin J Md. Ashrafuzzaman & others…............Petitioners Vs. Bangladesh Chemical Industries Corporation & others…...Respondents Judgment October 2, 2007. Lawyers Involved: Md. Zahirul Islam, Advocate-on-Record-For the Petiti...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......ting dated 26.09.2000 to promote the process Operator Maintenance Technicians of all the said Companies to the posts of Sub-Assistant Engineer/Sub-Assistant Chemist. Subsequently in it's next meeting dated 11.01.2001 BCIC decided to keep the posts of Assistant Chemist in tact in the organog..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r 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: VI ADC (2009) 223. ...... Vs. Jibesh Ranjan Roy and others….......Respondents Judgment November 18, 2007. Case Referred To- Abdus Samad Mohammad vs. Deputy Commissioner and Custodian of Vested Property and others, 52 DLR (AD) 121. Lawyers Involved: Mrs. Sufia Kh...... Jogesh Chandra transferred the suit land to the defendant No. 1 by a registered will on the basis of which he owned and possessed the suit land and since he had been possessing the suit land physically, the preparation of the S.A. record in the name of Bipin and others was wrong; the defen......r 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: VI ADC (2009) 223. ..Category: Property Law | Date: | Hits: 22
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....of the case land together with 10% compensation money. 5. The pre-emptee petitioners entered appearance wherein opposite party No.1 also represented opposite party No.2 on the strength of a power of attorney in his favour; they filed written objection denying the allegations of preem...... This Case is also Reported in: VI ADC (2009) 203. ...... is also not disputed that he filed the pre-emption case within four months of the date of knowledge of the transfer, but the court of appeal made out a case of waiver and acquiescence from the so called attending circumstances without reference to any evidence that the pre-emptor participated i......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......Not Represented-Respondent Nos.1-14, 16-49 (In Civil Petition No.1204 of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 passed by t......ed training the first parties were posted in different garden as tappers. The first parties served continuously for more than six months and as such, they became permanent tappers automatically by operation of law. The second parties were not treating the first parties as permanent and......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... decree. Moreover, the evidence as adduced by the P.W.'s do not support that the plaintiff are in possession in the property. The decree in question was passed long before the execution of the power of attorney deed. It is clear that the plaintiffs have hopelessly failed to prove their case ......, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, 2005 passe......ecrees and mutation order by practice of fraud, the High Court Division erred in law in not considering the judgment of the two Courts below in juxtaposition with each other and in mechanically affirming the decision of the appellate Court below without applying his judicial mind. The ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....ofits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral security in favour of the plaintiff bank and also executed and registered separate power of attorney. Over and above, the defendants deposited the memorandum, title deed, affidavit,......awab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005 passed by......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....ed by the Custodian under section 19, then no further sanction under section 20 of the Pakistan (Administration of Evacuee Property) Act, 1957, was required. (iii) to invest the Custodian with the powers to withhold his consent after according permission and to render the sale nugatory which had ......nts Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction ......ry evidence on record that the Appellant has already paid Rs. 16000/- to her brother who had agreed to sell his land in her favour. This is a fit case in which the appellant can exercise her right of calling upon her brother to specifically perform the contract in accordance with the terms of the ag......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....he time of execution and registration of the disputed sale deed. But Section 96 of the State Acquisition and Tenancy Act having not provided relief for such circumstances it is not within the power of this Court to mitigate such hardship. 7. The High Court Division on considera......b Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, 2005 passe......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....06 challenging the vires of the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 promulgated by the president in exercise of his Rule making power under Article 133 of the Constitution and issued by the Ministry of Establishment amending Ba......c of Bangladesh & another .........Appellants (In Civil Appeal Nos. 114 of 2008) Vs. B. M. Muhibur Rahman & others........ Respondents (In both cases) Judgment October 30, 2008. Cases Referred To- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19; Sk. ......neral Education) Training and Departmental Examination for probationer Rules, 1992 vide SRO No. 7-Ain/92 published in the Bangladesh Gazette. Additional Issue dated 18.1.1992 (hereinafter called SRO 7 of 1992) providing for list of topics and books to be studied for departmental examin......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....he basis of the subsequent SRO dated 16.8.1988 and obtained rule nisi. 3. The appellant, collector of Customs, contested the rule contending that the Government in exercise of its delegated power of legislation under section 25(7) of the Customs Act fixed tariff value by making S.R.O...... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Collector of Customs, Customs House, Chittagong and others……Appellants Vs. M/......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....ppointment of Mutwalli. The petitioner was appointed Mutwalli on 03.06.1996 for a period of five years and its term expired on 05.06.2003. It also appears from the record that the Administrator has power to appoint Mutwalli under the law and the Administrator has the right to do so and if there i...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases R...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....thin and partly outside the limits of any particular port and for charges for services rendering to the port authority or to any official and that the port authority was empowered to detain the vessel for non-payment of tolls, dues, rights, charges or penalties payable u...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ...... Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen…………..Petitioner ...... Sections 435/439A of the Code of Criminal Procedure to challenge the order of appointment of receiver dated 15th July 2007 before the learned District and Sessions Judge, Chittagong. He prayed for calling for the record of Miscellaneous Case No. 207 of 2007. On the same date the revisional appli......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
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