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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. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others&h......nding upon him on the averments that the suit land belonged to Raj Chandra who died leaving behind three sons namely Mukunda, Bipin and Manindra and after the death of Mukunda and Bipin the entire property devolved up Manindra; in the year 1972 Manindra who was ailing due to his old age brought ......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
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....el for the defendant-appellants submitted that the trial court, on consideration of the evidence on record, dismissed the suit and the High Court Division, without arriving at the finding that for complete adjudication of the dispute further evidence is necessary passed the impugned order w...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Comilla and others ..........Appellants Vs. Md. Abdur Rob and others ...........Respondents. ...... khas possession in the plaint on payment of ad veloram court fees contending that unless the above consequential relief of recovery of possession, in respect of the two portions of the suit property in respect of which the plaintiffs claimed khas possession through their monthly tena......es to the parties. 3. Leave was granted on the submissions that the suit having been dismissed upon taking evidence and the High Court Division having not found that for complete adjudication of the dispute further evidence is necessary, the High Court Division was wrong in set..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......te-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High Court Division in Civil Revision No.2716 of 2001.) ......instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first schedule of the plaint is forged, void, without consideration ......ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ..Category: Property Law | Date: | Hits: 20
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others.....Petitioners Vs M/s. Diplomat Garment (Pvt.) Ltd., represented by it's ......er of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with the authority and released from the warehouse for use for ma......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances 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) 193. ......9) 193. ...... as facts passed the impugned judgment and order which is liable to be set aside in the interest of justice; that the plaintiff herein petitioners claimed the suit land as their ancestral properties as well as vide some Registered and settlement deeds which clearly exhibited and proved ......ubstances 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) 193. ..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
.... 10. It further appears from office order No.44 dated 22.10.1997 (Annexure-I- in Writ Petition No. 2350 of 2002) that the authority decided that if the tappers appointed on contractual basis complete four years of satisfactory service, their services shall be made regular. The High Court D...... (Civil) Present: Md. Ruhul Amin C J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J The Manager, Satgaon Rubber Bagan, Srimangal, Moulavi Bazar and another................Petitioners (In Civil Petition No. 1203 of 2005) General Ma......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. ......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)
.... 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. ...... Case is also Reported in: VI ADC (2009) 186. ......vant year only 78 cases in total were filed; that the judgment and order of the appellate Court below, without adverting to the reasons upon which the trial Court decreed the suit, and without proper reversal of the findings of the trial Court, was not a proper judgment of reversal; th...... 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
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....which the appellant can exercise her right of calling upon her brother to specifically perform the contract in accordance with the terms of the agreement dated 6.5.1949. The vendor is at a liberty to complete the sale by executing a sale deed. In case of default on his part the appellant has a right......ahman CJ Sajjad Ahmad Jan J M. R. Khan J Waheeduddin Ahmad J Taj Din...........................................Appellant. vs. Mrs. Razia Begum Alvi and others.................Respondents Judgment December 15, 1970. The Paki...... 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 under section 20 of the Pa......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 othÂers, 2007, 36 CLC (AD)
....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. ...... also Reported in: VI ADC (2009) 150. ...... The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs of their father and contiguous owners of schedule No. ......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)
....al examination and foundation training required for regularization and confirmation in service and promotion to the senior scale. The writ petitioners passed their departmental examination and also completed foundation training successfully and thus became regularised and confirmed in their serv......M Amirul Islam, Senior Advocate, instructed by Mrs. Sufia Kahatun, Advocate-on-Record-or Respondent Nos. 1-6 (In both the cases) Civil Appeal Nos. 113-114 of 2008. (From the Judgment and order dated 02.10.2007 passed by the High Court Division in Writ Petition No. 10238 and 2006.) ......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. ......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
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... 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. ......nt: 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 Referred To- ...... 14 of 1999 before the Subordinate Judge. The President of the Waqf Estate and its Committee in collusion with his fellow men has been taking away money from the Waqf Estate without maintaining any proper account inspite complaint to the office of the Administrator of Waqf Estate. The executive ...... 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
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan 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) 153. ......ent: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Maksudun Nabi Joarder............Petitioner (In Civil Petition No. 1388 of 2007) Mrs. Hamuza Begum and others….Petitioners (In Civil Petition No. 454 of 2008) Vs. Md. Rafiq.......53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded tenants, on payment of proper salami and after his death the petitioner along with h is co-sharer become the owner of the......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) 153. ..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv......deration that the learned Joint District Judge, 1st Court, Rajbari as a final Court of fact rightly arrived at a correct finding in setting aside the judgment and decree of the trial Court on proper appreciation and assessment of both oral and documentary evidences on record and rightly set......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....re 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) 142. ...... Abedin J Md. Abdul Matin J. Md. Nurul Hoque Sarker………………….....Petitioner Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other....Respondents Judgment August 3, 2008. Case Referred To- Sul......t @ 20% per annum including penal interest and also praying that in case of the failure of the defendant petitioner to pay the decreetal dues, to make the decree final and direct sale of mortgaged properties and also to pass a personal decree against the defendant petitioner in respect of t......re 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) 142. ..Category: Civil Law | Date: | Hits: 106
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers...... well as lower appellate Court and also considering evidence on record held that the lower appellate Court after discussing the evidence, both oral and documentary, elaborately and after proper assessment of evidence on record came to the finding that the plaintiff had been able to pro...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Jitendra Nath Bachar being dead his heirs; 1(a) Bancharam Bachar and another...... Plaintiff-petitioners. Vs. Badhakanta Sardar being dead his he......he suit. The finding of the learned Subordinate Judge on possession having been based on no evidence the same is liable to be set aside; that the judgment of the learned Subordinate Judge is not a proper judgment of reversal and is no sustainable in law. The suit being a suit for declaratio...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..Category: Property Law | Date: | Hits: 22
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....re 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) 121. ......e Court Appellate Division (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Banglad......d on the year 2001-2002 the Government Audit Team raised objection regarding loss of Government to the extent of Tk. 1,00,00,000/-(one crore) as the two Trade Unions illegally leased out government properties and misappropriated the proceeds realized against those leases and further in the inter......re 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) 121. ..Category: Civil Law | Date: | Hits: 84
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... without jurisdiction by the High Court Division, we are of the view that the authority, if so, decides fit and proper as well as necessary then would be competent to complete inquiry against the respondent No.1 as regard to the allegations made in the show ca...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J Bangladesh Muktijoddha Kalyan Trust and another……….Petitioners Vs Md. Arshad Ali and others…&h......The authority competent to impose the penalty shall consider the report of the enquiry committee, the statement of the employee and other circumstances, if any, impose such penalty as it may deem proper in the circumstances of the case. The decision of the authority shall be communicated in ......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......late Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited and others&he...... No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may seem fit and proper. The High Court Division was also pleased to stay further proceedings of Mortgage Suit No.3......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ...... (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Quddus Matabbar....................Appellant Vs Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: ...... suppressing all processes. The said auction purchase was set aside by the decree passed on 31.12.1966 in Title Suit No.119 of 1965. The plaintiffs have no got right, title and interest in the suit property. 4. The trial court on consideration of the materials on record dismissed the suit.......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..Category: Property Law | Date: | Hits: 28