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M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ulation and after adjustment of payment made by the petitioner to the respondent during pendency of the said matter the petitioner shall pay rest of the amount (if any) within one year in different installments enjoying waver of interest during the pendency of the Mortgage Suit No.33 of 1991. ......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. ......ondent filed Mortgage Suit No.33 of 1991 in the Court of learned1st Artha Rin Adalat, Chittagong against the petitioner and others for realization of Tk.73,63,612.50 which was subsequently made an amount of Tk.67,90,120.06 as per banks subsequent account statement submitted and a preliminary dec..Category: Property Law | Date: | Hits: 37
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......48,70,900 to DIT (RAJUK) by corrupt or illegal means or by otherwise abusing their position as public servants had obtained for themselves or the appellants and others pecuniary advantage of the same amount and the appellants have committed the offence of abetment as they have obtained pecuniary adv..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... or 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: 14 MLR (AD) (2009) 111. ......the defendants have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital in respect of granting status quo; t...... defendant petitioners submits that the defendants have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital ..Category: Property Law | Date: | Hits: 27
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......ily grossly inflated and does not reflected the fair value of the goods in the international market, the writ petition is not maintainable and is liable to be rejected in limini relying on the principle as has been settled in the case of Mostafa Kamal and another vs. Commissioner of Customs ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......nally this provision was not in the Act. By amendment dated 17.07.1992 this provision namely, Section 6(2) had been incorporated in the Ain. It is submitted by the appellant that the principle as provided in Section 6(2) and Section 7(2) are not applicable in a similar circumstanc.......77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated 26.04.1999 for the claimed amount with interest @ 15% thereon and cost. Being aggrieved by the same respondents preferre..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ted suit for adjudicaÂtion; that the writ petitioner admittedly surrendered the plot relinquishing his right, title and interest thereon and requested for a joint allotment and as such barred by the principles of waiver, acquiÂescence and estoppel from questioning the legality of allotment in join......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......sh on evidence that the deceased Peara Begum was killed in the house of the condemned prisoner and the condemned prisoner at the material time was present in the house. 40. It is a settled principle of law that in case of such custodial death of the wife the husband is considered to be re......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....a Rin Adalat with a direction to dispose of the execution case applying section 47 of the said Ain, 2003 allowing the respondent Nos.1-3 to pay the decreetal amount in two installments without demanding more than 200% interest on the principal amount and till such ......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......ure of other co-sharers without any knowledge of the said respondent Nos. 1-3 or their predecessors. The said Bank filed Artha Rin Mortgage Suit No. 67 of 1995 claiming Tk. 8,50,000.00 as principal amount and Tk. 67,58,557.25 as interest in violation of section 47 of the Artha Rin Adalat Ain, 200..Category: Property Law | Date: | Hits: 19
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......nts Benevolent Fund Ordinance, 1968 (E.P. Ordinance No. III of 1968) and the Government Servant Group Insurance Ordinance, 1969 (E.P. Ordinance No. XI of 1969) and that plaintiffs would get minimum amount between Taka 500/- and Taka 800/- for 15 years from the benevolent fund and group insurance..Category: Employment/Service Law | Date: | Hits: 82
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......ss-29. 5. The respondent filed the appeal on grounds of opposition, inter-alia, that the appellant has been using the trade mark "Potato Crackers" since 1986 and by expending huge amount of money for advertising the mark it has become the most popular brand in the country and th..Category: Intellectual Property Law | Date: | Hits: 306
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ....... 6. The learned trial Judge while trying the suit framed as many as seven issues as to whether the suit is maintainable in its present form, whether the suit is barred by limitation and by principle of waiver, estoppels and acquiescence and by principle of adverse possession, whether the......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......f the proposed residential building on the premises of first party Mr. Taqui. Out of the consideration money a sum of Taka 10,000 was paid by the plaintiff as earnest money to M Taqui. Out of this amount of Taka 10,000 paid as earnest money a sum of Taka 4,000 was paid in cash and the remaining ..Category: Procedural Law | Date: | Hits: 173
....gularly and the respondent No.1, without any notice, disconnected the gas line and then the petitioner, having paid 30% of the arrear bills and undertaking to pay the balance amount of the bill by 10 installments, the respondent No.1 reÂconnected the gas line and thereafter on 18.1.2006 the petitio......illegality or 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: 14 MLR (AD) (2009) 40.
......hour and 10 PSIg pressure and thereafter the petitioner regularly paid various fees and charges against supply of gas and as per their demand, the respondent No.1 also gave a bank guarantee for a sum amounting Tk.11,27,800/- in their favour, the validity of which is up to 7.3.2008; due to the unrest..
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......t the said memo dated 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee without giving it any opportunity to be heard was illegal being violative of the principle of natural justice and as such the judgment and order passed by the High Court Division i......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......red upon establishment of the fact of their being freedom fighters and they were paid for the 32 years, of receiving Honorarium/Rastrio Sammani Bhata in total disregard of the universally accepted principle of natural justice or, in other words, without hearing them or affording an opportun......the judgment and order" (in Writ Petition No. 86 of 2004). "The respondents are directed to cause payment of 'Rastrio Sammani Bhata' to the respective petitioners as per the amount received by them as shown in Annexure-C to the writ petition, with effect from June, 2003.&..Category: Civil Law | Date: | Hits: 126
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......rence that it was in his exclusive possession or in his possession adversely to other co-sharers as sole possession is not exclusive or adverse possession. It is in conformity with the well settled principle of law that possession of one co-sharer is in point of law the possession of all co-shar...... Similar view is also taken in the case of Rajendra Nath Shaha vs. Sonaullah 42 DLR 393 that an amicable arrangement for separate possession of joint lands amongst the co-sharers by itself does not amount to partition by metes and bounds so as to convert the joint title and possession of the co-..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 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: 14 BLC (AD) (2009) 27. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......ri and delivered possession to her. RS Khatian finally stands recorded in the name of Abala Sundari. The suit land was hillock and full of jungle. Abala Sundari converted the same by expending huge amount of money. Abala Sundari while in possession made an agreement for sale with the predecessor..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 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: 14 BLC (AD) (2009) 19. ...... 4. We have heard the learned Counsel, the impugned judgment and order and the connected papers. 5. As it appears the High Court Division made the Rule absolute holding that in terms of the principle laid down in 1997 BLD(AD) 118, once a building is included in either list of abandoned b......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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......€¡e| So, under section 3(3Ka)of the said Ordinance, the said Rules can be made applicable for any offence which had occurred during the subsistence (Kvh©KiZvKv‡j ) f the Emergency. 13. Cardinal principle of the criminal jurispruÂdence is that the person concerned should submit to the process ......tion for awarding contract for carrying on construction works of 648 metres long Pre Stressed Concrete Girder Bridge over Dharla river including River Training and Approach Road works and caused said amount to be deposited in the account of Aegis Textile Mills Limited. Since the respondent No.1 as a..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......ioner submitted that the respondent No.1 raised no written objection to the Returning Officer or the Presiding Officer for recounting the ballot paper at the time of counting votes. It is now settled principle of law that in order to make out a case for recounting the person who challenges the count......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
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