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Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)

....round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......Sobhan, having pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal without proper application of judicial mind. His submission was that the conduct of the respondent No. 2 compelled ..

Category: Employment/Service Law | Date: | Hits: 87

Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)

....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......ischarged the Rule. 7. The learned Counsel for the petition­er could not assail the judgment of the High Court Division and the appellate Court that the same have been passed without non-application of the mind as regard the materials on record and with­out due consideration of the..

Category: Property Law | Date: | Hits: 25

Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......ndant contested the suit and ultimately the suit was decreed and the decree was put into execution in Execution Case No.31 of 1996.1n the execution proceeding the petitioner Nos.1, 2 and 3 filed an application under Order 21, Rule 58 of the Code of Civil procedure which was rejected by order date..

Category: Civil Law | Date: | Hits: 92

Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)

....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......reafter the defendant No. 1, the petitioner herein, filed written statement stating, inter alia, that the defendant No.9 Mrs. Shahana Begum died on 3.2.86 and then the petitioner also filed another application for recording abatement of the suit so far it, relates to the said defendant No.9 but t..

Category: Civil Law | Date: | Hits: 78

Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)

....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......rim J.- The writ petitioners seek leave to appeal against the judgment and order dated 29th of March, 2003 passed by the High Court Division in Writ Petition No.2299 of 2003 summarily rejecting an application under Article 102 of the Constitution of the People's Republic of Bangladesh challengin..

Category: Criminal Law | Date: | Hits: 41

Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)

....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......ve the minor to the custody of the father. Thereupon the defendant, herein the appellant, moved the High Court Division in revisional jurisdiction and obtained the Rule. It appears that revisional application was filed without furnishing decrees of the trial Court as well as of the appellate Cou..

Category: Family Law | Date: | Hits: 173

Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)

....ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......re the said products and they are already using the brand 'OLYMPIC' and in order to introduce a new Line of products namely OLYMPIC BALLPEN the applicant with its sister concern filed two separate application namely No.C-8081 and C-8082 for registration of the Mark 'OLYMPIC' in class-16 for BALL..

Category: Intellectual Property Law | Date: | Hits: 172

Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)

.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ...... dated July 14, 2003 of the High Court Division in Civil Revision No.5657 of 2002 making the Rule absolute upon setting aside the order dated July 3, 2002 (Order No.60 dated 3.7.2002) rejecting the application filed under order 23, Rule 1 of the Code of Civil Procedure seeking withdrawal of the ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)

....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ...... obtained against the order No. 48 dated November 12, 1996 of the 1st Court of Subordinate Judge (now Joint District Judge), Bagerhat, passed in Miscellaneous Case No.45 of 1995 (registered upon an application filed under Order 9, Rule 13 of the Code of Civil Procedure) setting aside the ex part..

Category: Property Law | Date: | Hits: 23

Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)

.... reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ...... Wealth Tax Appeal No.72 of 1999-2000 for the assessment year 1995-96 passed by the Taxes Appellate Tribunal Dhaka, Division Bench-1, Dhaka. 2. Short facts are that in the present reference application the petitioner Mrs. Rani Bilkis Banu Chowdhury submitted return for the Wealth Tax for ..

Category: Fiscal/Taxation Law | Date: | Hits: 67

M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)

....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ...... the petitioner moved the High Court Division in its writ jurisdiction in Writ Petition No.4853 of 2002. A Division bench of the High Court Division by the impugned judgment and order rejected the application summarily. 5. Hence is this petition. 6. In support of the petition Mr. ..

Category: Banking Law | Date: | Hits: 90

Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)

....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......rejected the writ petition on the finding that Artha Rin Adalat is a special law and that has made special provision for seeking remedy against the decree passed by the said Adalat and as such an application under Article 102(2) of the Constitution against the judgment and decree of the Artha R..

Category: Civil Law | Date: | Hits: 73

Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and oth­ers, 2008, 37 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: V ADC (2008) 793. ......No. 8 and he performed his function in the Jaforganj Union (North) No. 8 to the entire satisfaction of all concerned and after the promulgation of the Muslim Family Law Ordinance, 1961, he made an application to the Chairman of the Jaforganj Union Parishad (North) No. 8 to continue as Nikah Regi..

Category: Civil Law | Date: | Hits: 81

Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)

....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: V ADC (2008) 786. ......hout determining the lease by issuing notice under section 106 of the Transfer of Property Act, the defendant started demolishing the market building from its 5th floor. The defendant then filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint of the ab..

Category: Alternative Dispute Resolution | Date: | Hits: 192

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......uring enamel and aluminum goods within a record time of nine months. Though the property was declared abandoned in May, 1973 and placed under the Board of Management of Abandoned Industries, on the application of the Directors of the writ petitioner company and as per judgment of this court in C..

Category: Property Law | Date: | Hits: 27

M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)

....dmittedly withdrew tender sale No.10/97 dated 14.5.1997under catalogue No. 94, subsequently approval of the officer of the respondent No. 6 under sale No.10/97 once withdrawn and without floating fresh and clean tender after cancellation of the highest bid money with added income tax from the ......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..

Category: Others | Date: | Hits: 80

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ...... is that the petitioner challenged the order No. 9 dated 25.7.2005 passed in Artha Rin Execution Case No. 132 of 2005 by the Artha Rin Adalat No.1, Chittagong allow­ing the decree-holder bank's application and auction schedule fixing 30.8.2005 as the date of auction and publication of the not..

Category: Civil Law | Date: | Hits: 102

Government of Bangladesh and others Vs. Md. Azim Howlader, 2007, 36 CLC (AD)

....sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ......d with an applica­tion for condonation of delay of 6(six) months    11 (eleven) days but the Administrative Appellate Tribunal by an order passed on 25.06.2005 rejected the said application for condonation of delay and dismissed the appeal. 3. The appellants being aggrie..

Category: Administrative Law | Date: | Hits: 87

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......act the 1st party is entitled to get an award for Tk. 3, 66, 89,641.83 along With award of interest at the rate of Tk. 20% on the awarded amount till recovery. 7. The 2nd party also filed an application Lawyers under Section 30 of the Arbitration Act, 1940 for setting aside the award befo..

Category: Business or Commercial Law | Date: | Hits: 129

Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)

....o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ...... never took any ground of delay in filing applica­tion before Administrative Tribunal and never drawn any ground for delay for amendment of petition but the Appellate Tribunal findings that the application before Administrative Tribunal is barred by limitation and amendment of the peti­t..

Category: Administrative Law | Date: | Hits: 89