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Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......r Class Appeal No.30 of 2002 and the learned District Judge, Bogra, after hearing, dismissed the appeal holding that no notice to show cause was issued before suspending the plaintiff and thereby principles of natural justice was violated and the charges leveled against the plaintiff were also ......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......pellate Division held that "the usual and well settled practice is that a criminal proceeding can only be quashed after cognizance has been taken a process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercise and only to prevent th......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......ocate-on-Record has further submitted that the High Court Division on misconception of fact of the instant case has failed to apply the decision in the case reported in 19 DLR 255, contrary to the principle of autrofois acquit i.e. as the appellant shall not be allowed to be tried twice for the ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......he repeal of Ordinance No. 1 of 1969 on 23.3.1974 no further vested property case can be started thereafter on the basis of the law which is already dead. This Division in the above case approved the principle of law laid down in 46 DLR 136. 25. Accordingly there is no basis at all to treat the c......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......gard the delay in filing the appeal, considering the same as sufficient and that merit of the case requires condonation of delay for doing justice to the parties. 16. It is the accepted principle of law that the justice is to be done evenly to the parties before the Court in a p......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ...........Appellant Vs. The Controller of Insurance and others. .........Respondents Judgment December 7, 2005. Result: The appeal is dismissed. There is no hard and fast principle spelt out by the Government that any specific number of companies among which, the appella......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
.... figure ‘1’ was illegally inserted before the figure '50,000' and as against that the respondent No.1 proved the bainanama together with payment of total Tk.2,66,500/-by installments which is evident from the bainanama itself and its back page and separate receipts and......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. .......3,00,000/- and he having paid Tk. 1,50,000/- a bainanama was executed whereupon the possession of the suit property was delivered to him and the petitioners subsequently received further amount from him by executing "wasil receipt" and the respondent No. 1 thus, in total, pai..Category: Property Law | Date: | Hits: 26
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ...... the same ex parte decree being Miscellaneous Case No.7 of 1971 which was dismissed on 24.03.1972. Thereafter the second case brought by the son of another defendant (since deceased) is barred by principle of res judicata and hence the same is not maintainable. 3. The trial court allowed......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ..Category: Procedural Law | Date: | Hits: 91
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......tal proceeding being No.12/1995-1996 was started against him; the matter was enquired into by a two member committee which submitted report. The authority concerned awarded a penalty to deposit an amount equivalent to 7(seven) days basic salary to the Bank; the petitioner being aggrieved preferr..Category: Administrative Law | Date: | Hits: 90
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......isturbing the possession of the plaintiffs in the suit land and so the suit having been filed against a wrong person is not maintainable. The High Court Division further held that the settled principle of law is that the plaintiff is to prove his/her own case but in support of plaint case t......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ..Category: Property Law | Date: | Hits: 29
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......- on which VAT payable was Tk. 2,00,92,389/-; and (iii) the total VAT evaded by the appellant was Tk.2,16,05.049/- by concealment of production and the appellant-company was liable to pay the amount. The appellant challenged the appellate order dated 30.11.1997 in the writ petition. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......o.1 after paying Tk. 3,00,000/- to the company, on the basis of a resolution of the company, got delivery of possession of the suit land and after getting possession of the suit land invested huge amount for the development of shrimp culture and salt raising including construction of sluice..Category: Property Law | Date: | Hits: 26
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......imited and since he failed to repay the said loan money the respondent No. 3 filed Artha Rin Suit No. 18 of 2004 in the Artha Rin Adalat No.3, Dhaka against him for recovery of the outstanding loan amount. This petitioner appeared in that Artha Rin suit and contested the same by filing written s..Category: Civil Law | Date: | Hits: 94
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......the disputed property was listed in the "Ka” or "Kha" list, it is the abandoned character of the property which is the main criteria for determining the whole matter. The same principle has been reiterated in the case of Government of Bangladesh Vs. K. M. Zaker Hossain and o......analogous hearing of Case Nos. 841, 842 and 843 of 1997 and categorically stated that he never executed any agreement for sale in favour of the writ petitioner on 28.1.1971 and did not receive any amount as earnest money. The identity of Md. Muslim, the admitted allottee was not challenged by the..Category: Civil Law | Date: | Hits: 119
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......icial mind to the Exhibits Ka(1) and Ka(2) that exhibits has no nexus to the facts and circumstances of the case and without discussion and analysis and giving any reason whatsoever relying on the principle enunciated in the case of Malik Din Vs. Mohammad Aslam reported in 21 DLR (SC) 94 (Judgme...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......espondent bank started calculating the interest on the basis of compound interest although the loan is a loan of simple interest. Moreover, the respondent bank illegally adjusted the entire repaid amount in the interest component although they should adjust the same in the principal amount as pe..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......firmity 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: 13 MLR (AD) (2008) 262. ......ot whereupon Janata Bank sanctioned a loan of Tk.13,00,000/-for the above purpose and by the same he raised sami pucca structures in the suit plot for establishing a factory therein; since the said amount was not sufficient to set up the industry as planned the respondent No.1 requested the above..Category: Property Law | Date: | Hits: 27
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......ositing requisite amount of money before filing appeal based on the amount of the decree which must mean that the order or the decree appealed against must arise out of the suit and it is a settled principle of law that an execution proceeding is not a suit; that Section 26 of the Artha Rin Adala......tested alleging that the petitioner was a defaulter and had full knowledge of the auction proceeding. Though he entered into appearance but he did not take any step for satisfaction of the decretal amount. The executing Court served the notice properly by complying the provision of Rule 66 of the..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ...... complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Taka 60,00,000 (sixty lac) to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27-8-2000 one fo..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......ichar Tribunal Ain, 2002 confer unbridled and arbitrary power upon the Government to transfer case to Druto Bichar Tribunal under the said Act without recording any reason and without adhering to the principles of natural justice and there is no guideline in the Act, as to when and under what circ...... right of the accused for getting justice and this right is a right which has been preserved and protected and safeguard under the provision of law and the Constitution. Any violation of any form amounts to negation of justice and leading to hardship and suffering of the accused and expeditious ..Category: Criminal Law | Date: | Hits: 59
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