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Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......the said cheques being submitted in the account of the informant maintained with Pubali Bank, CDA Branch, Chittagong for encashment was dishonored and thereafter the informant, on claiming the amount of cheque from the petitioner, was harassed and humiliated. On the basis of the above ..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......der came to P.W.1 and reported him that his son was in his custody and for which he demanded Tk. 55000/-. Thereafter, P.W.1 Abdul Barek Khan gave Tk. 55000/- to one Abul Hossain, who paid the said amount to Abdur Rahim Shikder in presence of P.W.5, Lal Banu, but till then they could not find out..Category: Criminal Law | Date: | Hits: 36
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. ...... 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. ...... that the financial benefit given to them by way of basic pay in respect of the promoted post does not commensurate with their promoted position and also not beneficial to them inasmuch as the amount given to them as basic pay for the promoted posts is not higher than the last pay received b..Category: Employment/Service Law | Date: | Hits: 76
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 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: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......illegally in decreeing the suit by setting aside the judgment and decree of the appellate court below without adverting to any material evidence on the point. He lastly submits that it is a settled principle of law that a co-sharer has right, title and interest in every inch of land. When the plai......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ..Category: Property Law | Date: | Hits: 26
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. ......ffs left no stone unturned in acquiring the suit property. It is the case of plaintiffs that they possess the suit land but the recent record of rights has been wrongly prepared. It is settled principle of law plaintiff is to prove his own case and it is also not denied that number of witne......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
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....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. ......rged documents along with hire purchase agreement. The defendant deposited Tk. 10,00,000.00 (ten lac) only T.D.R. to the plaintiff bank, but the defendants did not repay the Murabha investment amount which stood at Tk.28,19,149.00 on 28.04.1988 and on the prayer of the defendants the said a..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....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. ......f Evacuee Property) Act, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of natural justice. Lastly, he contended that the sale of agricultural land was prohibited...... of which, after taking into account the sum or sums paid to the vendor before the said date and the income tax or other Government dues or dues of public bodies or if the property was mortgaged, the amount due under such mortgage outstanding against the vendor being duly paid, on his behalf, by the..Category: Property Law | Date: | Hits: 28
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....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. ......ry for clearance of the same and the customs authority assessed customs duty and other charges on the basis of the said SRO dated 16.8.1988 and thus imposed and realised from the writ petitioner an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment..Category: Fiscal/Taxation Law | Date: | Hits: 75
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......ent No. 3 and how the petitioner's right to enjoy light and air can be effected. Further both the petitioner and the respondent No. 3 are the lessee of the Government land under RAJUK and to claim an amount of light or air it must be enjoyed without interruption for sixty years. Creation of resident..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......n recognized and acted upon has matured into Constitutional Convention and is now a constitutional imperative. 2. Such consultation is inherent in our Constitutional scheme and is ingrained in the principle of independence of judiciary being essentially the basic structure of our constitution emb......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....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. ......igh Court Division in Admiralty Suit No.13 of 2001 rejecting and application for direction upon the respondent No.9 Mongla Port Authority to release the bank guarantee No. 02/2003 dated 24-03-2003 amounting to Tk. 2,54,86,000/- issued by Janata Bank, Lal Dighi East Corporate Branch, Chittagong i..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. ......ch as he allowed the Criminal Revision without giving any show cause notice to the petitioner herein. It was further submitted on behalf of the petitioner that the impugned order violated the principle of natural justice inasmuch as the petitioner herein was not given any chance to defend t......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
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
.... situation ceased to exist while on April 17, 1998 the accused-appellant gave an undertaking to pay Tk. 31,00,000/- between April 30, 1998 and May 10, 1998 and the balance amount in 6 equal monthly installments but did not keep his commitment and thus committed the offence of cheating and th...... or civil liability depends primarily on his intention, which is to be gathered from all the attending circumstances including the transaction itself. It can not be laid down at this stage as principle of law that simple acknowledgement of liability to pay converts what is otherwise an...... M/S. H. M. Enterprise in course of business transaction purchased cement on credit on different dates in all worth Tk. 2,51,82,845/- and paid Tk. 1,90,77,076/- and there remained outstanding amount of Tk. 61,05,769/-. Since inspite of repeated demands the accused-appellant did not pay the ..Category: Criminal Law | Date: | Hits: 32
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. ......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. ......lso obtained an order in Civil Revision No.142 of 2005 directing the parties to maintain status quo with respect to the suit land and if the execution case is allowed to proceed the same will amount to violation of the order of status quo and that Rule was issued in Civil Revision No.4120 o..Category: Property Law | Date: | Hits: 18
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. ......o scope in the said Artha Rin Adalat Ain for filing additional written statement and in the case of Sultana Jute Mills Ltd and others vs. Agrani Bank and others reported in 46 DLR (AD) 174 similar principle has been laid down. 5. We are of the view that the High Court Division on proper c......ner 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 the shortfall amount after sale of mortgaged properties. The petitioner contested the suit by filing written stat..Category: Civil Law | Date: | Hits: 106
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......l. 9. The learned Advocate for the pre-emptee-petitioner submits that the court below committed error of law in not considering that the doctrine of propinquity of blood is the guiding principle for the law of inheritance under personal law. In the present case Nanibala is the daught......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
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. ......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. ......ions and also their misappropriation of the rents and then the Government, after negotiation, granted lease of the above premises to the petitioners for a terms of 5 years on releasing substantial amount as salami; the petitioners thus instead of remaining as the tenants of the two Trade Unions ..Category: Civil Law | Date: | Hits: 84
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......a view to comply with the direction given in the said letter the Executive Engineer, Project Division of the office of the respondent No.1 sent a cheque being No.CANO.T32612 dated 18.11.1964 for an amount of Tk. 28,844.00 to the RAJUK with a forwarding letter, vide Memo No.2226 dated 19.11.1964 a..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......t jurisdiction or made any finding upon no evidence or not considering any material evidence/ facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the Hig...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....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. ......uthority in imposing punishment on an employee of the Trust would not be required to serve the second show cause notice accompanying the inquiry report. We are of the view in the background of the principle of natural justice or in other words in the background of the universal principle that on......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
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