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....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......(1st day of October, 1999). In the agreement entered into by the Government and the Respondent No.1 in the respective appeals clause 4 reads as:-
"4. Taxation: All income and profits of the second party accrued or derived by it and under this contract shall be subject to all local taxes including..
Category: Fiscal/Taxation Law | Date: | Hits: 95
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......justice."
19. Besides, this writ petition before the High Court Division being one under Article 102(2) (b) (ii) does not require that the applicant for a writ of quo warranto must be an aggrieved party. Any person can maintain such an application without showing any violation of his legal right...
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of opposite party No. 1 of the said Miscellaneous Case. The opposite party ..Category: Property Law | Date: | Hits: 63
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
...... the Specific Relief Act and Section 7 of the Court Fees Act. After withdrawal of the suit or dismissal of a suit for non-prosecution for default no fresh suit can be filed by the same parties or any party claiming through them on the same subject of dispute without the permission of the court and a..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......e had such permission. (4) Where the person guilty of an offence under this Act is a company or other body corporate every director, manager, secretary and other officer thereof who is knowingly a party to the offence shall also be guilty of the same offence and liable to the same punishment." ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....fore-father and this aspect ought to have advanced than the defendant respondent who applied for taking lease latter on 21.10.2004 as a Government service holder and as such this is not a defect into proceeding itself but material defects in substance of impugned judgment pass......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 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: VI ADC (2009) 996. ......of the pattadar was found but the identification of the suit land and the patta number were not mentioned in it correctly. The certified copy of the patta, exhibit kha, as produced by the opposite party, shows that the land is number patta within the land of old 201/1 to 209/2 it cou..Category: Property Law | Date: | Hits: 132
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....d 58 contested the suit by filing joint written statement denying the material allegations made in the plaint contending, inter alia, that the suit for partition is not maintainable and it is bad for defect of parties and for not bringing the joint property into hotchpotch of the suit. Their case is......nd while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order can however be made to facilitate a party to fill up the lacuna in his case.............................................(13) Cases Re..Category: Procedural Law | Date: | Hits: 105
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....persons concerned representing the Company, who are party in the issuance of the dishonoured cheque in reference, having been made party in the proceeding, the proceeding cannot be said to be bad for defect of party inasmuch as the punishment, if any on proof, is to be inflicted upon the natural per...... that:- "We do not find presence of any of such ground to eliminate a criminal proceeding without allowing holding a fair trail. Rather we find existence of a prima facie case of the opposite party No. 2 complainant to proceed against the accused-petitioners under section 138 of the Negotiab..Category: Criminal Law | Date: | Hits: 163
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......pondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any man of ordinary prudence. 5. The present appellant as 3rd party being aggrieved by as the highest bidder in the tender and dissatisfied with the impugned jud..Category: Civil Law | Date: | Hits: 149
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......urt also held that – "The question as to whether the act of an executive or administrative officer or a quasi-judicial or judicial tribunal is without jurisdiction, illegal and not binding on a party, being a matter of a civil nature, is always to be decided by the civil courts except to the e..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....nd Muslam Sikder. The pre-emptee petitioner is a stranger purchaser. 3. The pre-emptee-petitioner contested the pre-emption case by filing a written objection contending that the case is bad for defect of parties and hopelessly barred by limitation. The transfer in question was within the knowl......ls on record arrived at a correct 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) 981...Category: Property Law | Date: | Hits: 61
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......s as placed before the High Court Division are that the pre-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, Munshigonj against the petitioners and the opposite party Nos. 4-19 praying for pre-emption of the case land under section 96 of the state Acquisi..Category: Property Law | Date: | Hits: 44
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......ff filed other Class Suit No.118 of 1989 which was renumbered as other Class Suit No. 53 of 1991 in the Court of the learned Assistant Judge, Additional Court, Jamalpur against the present opposite party as defendant for mandatory injunction requiring the present respondent to break his hou..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ...... a statement of defence. In the statement of defence, the petitioner objected to the maintainability of the arbitration proceedings on the ground that the same filed by a person who was not a party to the arbitration agreement. It was also stated that the claim of the respondent No.1 was ex..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......he original person in possession that is the plaintiff school, cannot say that the plaintiff has no title to the subject matter of the contention urged by the learned Advocate of the opposite party does not stand". On the aforesaid observations and findings the High Court Division made..Category: Property Law | Date: | Hits: 82
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
.... the khatian under pre-emption. 3. The pre-emptee-petitioner contested case by filing written statement denying all material allegations made in the plaint stating that the case is barred by defect of parties. After purchase on 22.11.1995 he transferred 05 acres of land to Rolla Social Wel......ived at a correct 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) 938. ..Category: Property Law | Date: | Hits: 57
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......hile the stay matter was pending before the Appellate Division, every body, statutory or others, was expected to act with care and particularly, not to change the status quo to the advantage of any party to such a case and such orders did not help and rather went against the interest of the waqf e..Category: Trust/Waqf Law | Date: | Hits: 518
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......he informant of this case. He has narrated the prosecution case in detail and proved the F.I.R. and the seizure list P. W.2 constable 2627 Md. Jafar Equal who was one of the members of the patrol party has corroborated the evidence of P.W.1. P.W.3 Md. Mobarak Hossain is also a member of t..Category: Criminal Law | Date: | Hits: 155
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....s in the case holding and thus they have no locus standi to institute the pre-emption case. Many co-sharers of the case holding were not made parties to the pre-emption case and the case is bad for defect of parties. The original owners Jabal Hossain and others sold 2 kanies of land to Imamuddin ......chase in the case holding. The pre-emptors are also contiguous owner of the case holding in northern, southern and western parts. The pre-emptee is a stranger in the case holding. The opposite party No. 2 of the pre-emption application sold 4 sataks of case land to pre-emptee respondent No. ..Category: Property Law | Date: | Hits: 29
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