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Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)

.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......h and took delivery of pos­session. Subsequently the aforesaid Ismial Miah and Abdul Ahad propose to sell the entire land to Abdul Mannan, predecessor-in-interest of defendant Nos. 1-10 for an amount of Tk. 5,000/- and on the same day executed an agree­ment for sale. Subsequently Ismail ..

Category: Property Law | Date: | Hits: 25

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

....e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......5/32 upto the month of August, 2000 and in response the petitioner, on 31.07.2001, made prayer to the Commissioner of Customs, Excise, VAT, Jessore for exemption from payment of the afore­said amount of Tk. 17,78,435.32 assert­ing that he used to pay the turnover tax in terms of the VAT ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)

....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ...... by filing written statement denying all the material allegations stating, inter alia, that there was no cause of action for the suit; that the suit was not maintainable and the suit was barred by principle of estoppels, waiver and res judicata. Plaintiff No.1 was not a wife of the defendant and......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ..

Category: Family Law | Date: | Hits: 280

H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......4 as majority sharehold­er and was also holding the post of Managing Director of the company. 12.  The management concept of the respondent No.3 Company was on the basic concept and principle of mutual reliance, mutual benefit and mutual respect between and among themselves for th......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..

Category: Business or Commercial Law | Date: | Hits: 193

City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)

....here is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ......here is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ......udicate this issue the presence of the petitioner is not neces­sary at all and the petitioner can make prayer to the Artha Rin Adalat concerned at proper stage for satisfaction of its decreetal amount first from the proceeds of the sole of the mortgaged properties in question and the Artha R..

Category: Civil Law | Date: | Hits: 102

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ...... judgment. 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting par­ties and the Government should be par­ti......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ..

Category: Property Law | Date: | Hits: 25

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......e No. 45 dated 30.09.1993 and 25 dated 19.01.1994 against them and others allegation that they prepared fic­titious bills by creating advice with forged signatures and thereby misappro­priated huge amount. The police, after investigation, submitted charge sheet. On coming to know about the aforesa..

Category: Criminal Law | Date: | Hits: 78

Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)

....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......tances on record for the purpose of commutation of the death sentence, rather all the circumstances are aggravating. 6. We accept the above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..

Category: Criminal Law | Date: | Hits: 50

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......stroy completely the right vested to certain specified importers of taxicab upto 2000CC as has been provided by SRO No.56 dated 16.3.1999. 11. As regards the maintainability it is now established principle of law that since no disputed question of fact need be gone into and that only interpretat......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......eir termination. The employees who have completed 3 years service in the Foundation their services cannot be terminated by giving three months notice or three months pay in lieu thereof. That will amount to taking away a right which they acquired by rendering more than 3 years service. In view o..

Category: Employment/Service Law | Date: | Hits: 68

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ...... petitioners in the Miscellaneous case received, on protest, Tk. 2,88,000/-towards the value of the land and thereupon filed the Arbitration Miscellaneous Case No.22 of 1993 and therein claim further amount towards value of the land, compensation for the structures in the land acquired, business los..

Category: Alternative Dispute Resolution | Date: | Hits: 249

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......ted July 19, 2003 passed in Title Suit No. 2 of 2002 by the Artha Rin Adalat-3, Dhaka. The aforesaid title suit was filed by the bank, respondent No.6 in the writ petition, for realization the loan amount with interest. The suit was decreed for Tk.40, 61,701/-. 3. The writ petitioner inste..

Category: Civil Law | Date: | Hits: 98

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ......the question of custody is otherwise adjudicated by the competent Court and that till that time writ petitioner has absolute right to have the custody of the minors and that because of the settled principle of law the custody of the minors can not be with the respondent Nos. 1-3. 9. As ag......ts without lawful authority. 10. The High Court Division in making the Rule absolute observed:-   “In deciding the question of custody of the minor children the paramount consideration before the Court is welfare of the minors. The term welfare must be read in..

Category: Family Law | Date: | Hits: 171

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......j in Artha Rin Mortgage Suit No.35 of 1999 rejecting the application seeking direction upon the plaintiff to produce certain papers.   2. The suit was filed for realization of an amount of Tk.43,07,567/- as on April 28,1999 stating, inter alia, that the defendants purchased fe..

Category: Civil Law | Date: | Hits: 91

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......cogent reason, that appellate Court ought not have set aside the finding of the trial Court since the trial Court had opportunity of seeing demeanour of the witnesses and also observed that settled principle of law is that the appellate Court before setting aside the finding of the trial Court s...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 28

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ...... plaintiff for supplying food to the passengers travelling in Ka' group bogies on 26.6.1988. As per terms of the agreement the yearly licence fee was fixed at Tk. 12,12,112/- and the security money amounting Tk. 6, 60,000/- was received by the defendants. The defen­dants received half of the ..

Category: Civil Law | Date: | Hits: 150

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......manner provided by law. A party is not entitled to seek a review of a judgment delivered by this court merely for the purpose for rehearing and a fresh decision of the case and departure from that principle is justified only when circumstances of a substantial and com­pelling character made ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..

Category: Administrative Law | Date: | Hits: 159

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

....ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......on is that the plaintiff filed the suit before a competent court of jurisdiction but pray­ing wrong relief under the wrong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be s......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ..

Category: Procedural Law | Date: | Hits: 66

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......ntial building in C.S. Plot No.361 of mouza Shola. It is also the contention of the respondent that the approved plan was cancelled without prior notice and thereby there has been violation of the principle of natural justice. 3. Rule was opposed by the appellant (respondent No.1 in the w......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......stance case and as such the judgment and order passed by the High Court Division is liable to be set aside. He further submits that the respondents issued the impugned order without mentioning the amount of money alleged to have been over-drawn by the Principal, rather vague and unspecific alleg..

Category: Employment/Service Law | Date: | Hits: 57