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Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)

....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand)   Ed. This Case is also Reported in: V ADC (2008) 250. ......the land   being   within Mathbaria Paurashava and further held that the pre-emptee purchased the case land at the mediation of pre-emptor and as such the case was barred by the principle of waiver and estoppel. 8.  In the facts and circumstances of the case, we do......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand)   Ed. This Case is also Reported in: V ADC (2008) 250. ..

Category: Property Law | Date: | Hits: 25

Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)

.... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ......uthority for importation of the consignment in question. We have carefully considered the impugned judgment and have noted that the High Court Division has arrived at a correct decision on a sound principle of law relating to interpretation of statute that section 4 read with section 2(e) of the...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..

Category: Business or Commercial Law | Date: | Hits: 94

Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

....ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......ctor, Agriculture Extension Department, Khulna nor those were sent to the District Account Office for encash­ment and the alleged advices were also forged and fictitious and inspite thereof the amount of Tk.7,25,400/- was paid to the alleged cashier Habibur Rahman of the Agricultuer Extensio..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ...... of the Deputy Director, Agriculture Extension Department, Khulna nor were those sent to District Account Office for encashment. The alleged advices were forged and fictitious and inspite thereof the amount of Tk.7,25,400/- was paid to cashier Habibur Rahman of the Agriculture Extension Department. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... as they failed to prove their possession in the entire suit land. 7. We are of the view that the High Court Division on proper considera­tion of the materials on record and applying the principle of law as appli­cable arrived at a correct decision and there is not cogent reason to......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..

Category: Property Law | Date: | Hits: 30

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

.... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ...... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......hosh to the effect that if the borrowed money is returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementioned kabalas, that Manada Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but the dee..

Category: Property Law | Date: | Hits: 25

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......rdance with law. He next contends that there is a scope for arbitrary exercise of the power and there having no provi­sions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and order being bad in law are liable......1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field and he having engaged in the business, invested huge amount of money in the said business. From the Deputy Commissioner, the peti­tioner obtained a lice..

Category: Environmental Law | Date: | Hits: 516

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....hibits i.e. Exts.3 and c is gen­uine but as the defendants on the basis of Ext. c has gone into possession of the land in suit and as in pursuant to the Ext. C defendants have paid some of the installments and as such Ext. c carries much more weight than the Ext.3 that in case Ext. c is genu......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..

Category: Property Law | Date: | Hits: 18

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

.... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......it petitions the case of the writ petitioners is that they are bonafide lessees under Rajuk by registered lease deed and they were inducted into pos­session and made construction spending huge amount of money and, therefore, cancellation of the lease is without any lawful authority. Their fu..

Category: Property Law | Date: | Hits: 46

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ce of law does not arise." 6. Mr. Ajmalul Hossain QC has next submitted that the set off not being available under the municipal law but being applicable in the English law. On principle the main system of law able for determining the question are the laws governed by the pro......t No. 2 filed the suit as a money suit and omitted to pray for foreclosure of the said mortgage or for the sale of the mortgaged property to recov­er the money allegedly due. Such omis­sion amounted to a relinquishment of a claim by the plaintiff under Order II Rule 2 of the Code of Civil..

Category: Civil Law | Date: | Hits: 96

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......en removed by the respondent in default of the appellants in complying with the said order. Special Leave to appeal against the said judgment of the High Court Division was granted to consider the principle underlying, and the condition justifying, the making of an order of mandatory injunction i......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Alaluddin Vs. State, 1999, 28 CLC (AD)

....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162.     ...... Division pending disposal of his appeal, No.655 of Leave to appeal is 1999. 2. Leave to appeal is being sought from the said order on the ground that the learned Judge failed to follow the principle laid down by this Division in the case cited before him 43 DLR (AD) 119 = 11 BLD (AD) 96......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162.     ..

Category: Criminal Law | Date: | Hits: 50

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......vely in fulfilling the commit­ment to the people. g)  Description of assets and liabilities of the candidate and dependent of the candi­date. h) Particulars and amount of loan taken from Bank or Financial Institutions deals with public money personally, joi..

Category: Election Law | Date: | Hits: 124

Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)

.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......provision of Section 43 of the Transfer of Property Act. It may be mentioned the High Court Division on detailed discussions of the materials on record held that there was no case for applying the principle of Section 43 of the Transfer of Property Act. The High Court Division in the background ...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ..

Category: Property Law | Date: | Hits: 21

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......ndants have no pos­session in the suit land". On the aforesaid findings the High Court Division made the Rule absolute. 10. We have heard the learned Advocate-on-record. The settled principle of law is that in a suit seeking a decree for perma­nent injunction the plaintiff is ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..

Category: Property Law | Date: | Hits: 26

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... record decreed the suit that the plaintiff has failed to establish that the deed of gift was collusive and fraudulent. 7. Leave was granted to consider the sub­mission that the settled principle of law is that the concurrent findings of fact arriv­ing at by the courts below, howe......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......y dis­charged by majority judgment and order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grou......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......d money admitting that he alone defalcat­ed the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also prayed to the authority to adjust the rest defalcated amount from his leave benefit..

Category: Criminal Law | Date: | Hits: 62

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......of occurrence has made the entire prose­cution case unworthy to believe and the learned Judges of the High Court Division found to have arrived at a correct decision on the basis of established principle of law. 22. Since, there is no substance in this petition, we find no other altern...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......rbitrator allowed the Arbitration Revision Miscellaneous Case, recalled the judgment and order dated 15.08.1991 and set aside the award dated 18.03.1989 made by the Collector and enhanced the award amount from Tk.2, 12,0001.00/- to Tk.5, 99,637.63/- as compensation for acquisition. The Governmen..

Category: Alternative Dispute Resolution | Date: | Hits: 207