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Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......nt dated January 23, 1978 (Ext.1) appears to have been given "in normal hand" and that signature in the agreement dated January 23, 1978 "was not put under threat or coercion or application of force", that Ext. A claimed to be original of the first agreement appears..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....nd confiscation (sec. 156(9) (i) and section 17). (8) There is no estoppel against Statute and as such mere release of the goods by the Customs Officer would not create any estoppel for issuing a fresh show cause notice as to why penalty should not be imposed even after the clearance of the good......believed to be smuggled property. The seizure was done under section 54 Cr. P. C. or under section 411 I.P.C. while the case was pending for investigation by the Police, the Customs authority made an application to the Chief Presidency Magistrate praying for a direction on the Investigating Officer ..Category: Fiscal/Taxation Law | Date: | Hits: 129
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. ......and upholding the conviction and sentence passed by Special Tribunal. 7. In the premises, we do not find illegality in the impugned judgment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This..Category: Criminal Law | Date: | Hits: 155
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
.... him on 26.02.1998 for enquiry. It was sudden and surprising. The petitioner did not gel any time to get prepared for the enquiry. Even the petitioner could not understand that it was going to be a fresh enquiry and thus the petitioner was deprived of sufficient opportunity to defend himself. ......on to the said enquiry officer denying the charges and contending, inter alia, that the petitioner, being in-charge of Foreign Exchange Department always tried to boost upto achieve exporters application dated 17.08.1996 along with L/C and other papers for release of 3200 ..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......on No.7258 of 2007 was filed challenging the order No.12 dated 26.06.2007 passed in Artha Rin Execution Case No.08 of 2007 by the Artha Rin Adalat, Chittagong, rejecting the writ petitioner's application filed under Sections 28 and 29 of the Artha Rin Adalat Ain, 2003 for dismissing the Exe..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......e Writ Petition No.1426 of 2006 challenging the Order No.11 dated 05.02.2006 passed by the Artha Rin Adalat, 2nd Court, Dhaka, in Artha Rin Execution Case No.490 of 2005 rejecting the petitioner's application filed under Section 57 of the Artha Rin Adalat Ain, 2003 for dismissal of the Execution..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....e petitioners. 6. Mr. M. Khaled Ahmed, the learned Advocate-on-record for the petitioners submits that the High Court Division erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record a......ved 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) 862. ..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved 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) 859. ......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. 1 of R.S. Plot No.1934 at a con..Category: Property Law | Date: | Hits: 29
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ...... appeal and dismissed the suit after sorting aside the judgment and decree of the trial court. 6. Being aggrieved by the judgment and decree dated 11.10.2001 the plaintiff filed an application under Section 115(1) of the Code of Civil Procedure before the High Court Division and ..Category: Property Law | Date: | Hits: 32
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......gh Court Division inasmuch as the said judgment and decree appears to have been passed on proper discussion made and consideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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) 823. ...... dated 29.1.1948 suffers from serous error of law and it was contrary to the materials on record. Moreover, the High Court Division failed to address the very vital issue involved in the revisional application and caused serous injustice in not considering the forged and fabricated deed dated 29...Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......arte decree on 24.06.2007 and Title Suit No.44 of 2005 before the Court of 5th Additional District Judge, Dhaka and obtained ex-parte decree on 30.05.2006. The plaintiff also submitted the separate application for staying operation of the aforesaid ex-parte judgment and decrees. 3. ..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......eing Decree Jari Case No.9 of 1988 was started which is now pending in the Artha Rin Adalat, Pabna, hence the suit is liable to be dismissed. 4. The plaintiff petitioner thereafter filed an application under Order 11, Rule 14 read with Section 151 of the Code of Civil Procedure for produc..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ased on evidence or the finding was made on non-consideration or mis-reading of evidence as regard the said fact. In that state of the matter High Court Division was in error in embarking upon for fresh assessment of evidence on the point uniformly decided by the courts below. 13. Law req...... taken "at the earliest possible opportunity". From the defendant' side neither at the trial nor in the appeal any objection as to non-joinder of party was raised. Also in the revisional application no ground relating to non-joinder of the party was raised. It appears for the firs..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......laint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
.... Bhawal Raj Court of Wards Estate filed an application mentioning Rule-42A of the State Acquisition Rules for correction of the published draft record of right and on the basis of said application fresh hearing was taken and the names of the writ petitioners were substituted by the name Bhawal R......t record of right was published in respective names of the writ petitioners under Rule 33 of the said Rules, 1955 but it appears that the leave petitioner Bhawal Raj Court of Wards Estate filed an application mentioning Rule-42A of the State Acquisition Rules for correction of the published draf..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......h the execution case was disposed of, the petitioner was at liberty to deposit the decreetal amount within 12 months from the date of judgment i.e. on 15.05.2006 but the respondent filed the application for revival of the execution case on 07.02.2007 long bef..Category: Civil Law | Date: | Hits: 109
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matÂter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......sons by 2nd wife by registered deed of gift. Bazlus Sobhan instituted Title Suit No. 130 of 1980 for ejectment of the plaintiff but the defendant Nos.1-5 were not made parties in the suit. They filed application for their addition as parties in the suit but the trial Court rejected their prayer. The..Category: Tenancy Law | Date: | Hits: 155
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......of temporary injunction under order 39 Rule 1 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-petitioner Nos.1-4 filed Title Suit No. 51 of 2004 along with an application for temporary injunction against the defendant-respondent No.1 on 06.06.2004. The ..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....led an application for rectification of the writ of possession on 31.10.2001. The trial court allowed the application of the opposite party on contest vide order dated 18.2.2002 directing to issue fresh writ of possession. The petitioner moved the High Court Division in Civil Revision No. 890 of......tion for leave to appeal before the Appellate Division against the judgment and order of the High Court Division which was rejected summarily. 4. Thereafter the opposite party No.1 filed an application before the trial court for delivery of possession. Trial court by his order dated 21.10..Category: Property Law | Date: | Hits: 27
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