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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. ......tive Tribunal Case No. 9 of 2003, Government filed appeal before the Administrative Appellate Tribunal, being Appeal No.214 of 2005. 6. The appeal so filed was barred by time and as such an application for condonation of delay was filed. 7. The delay in filing the appeal was 3 mont..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....the Cabinet Committee, a Committee constituted by the Ministry of Commerce recommended the applications of 23 applicants including that of the appellant. In July 1994 the Ministry of Commerce invited fresh appliĀcation to do business of general insurance increasing the approved capital from Tk. 6 c......on Bench of the High Court Division in Writ Petition No. 2677 of 1995 discharging the rule. 2. The facts, in short, are that following an advertisement by the Government in the newspapers inviting applications from interested persons to do business of generĀal and life insurance in the private s..Category: Business or Commercial Law | Date: | Hits: 81
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. ...... and the summonses were shown served in collusion with the process server. The petitioners resisted the said application by filing written objection denying the material averments of the application and stating, inter alia, that the summons of the original suit was duly served and the ..Category: Procedural Law | Date: | Hits: 91
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......29, 2004 of a Single Bench of the High Court Division in Civil Rule No.80(S) of 1998 (arising out of Second Appeal No.45 of 1979) discharging the Rule. The aforesaid Rule was obtained upon an application filed under Order 41, Rule 21 of the Code of Civil Procedure seeking re-hearing of the ..Category: Property Law | Date: | Hits: 25
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....e Rule. 7. The petitioner in the civil revision case having had the notice that order of injunction obtained by him for limited period had expired, she then filed an application seeking fresh order of injunction restraining the defendant No. 2. The High Court Division upon heari......; Md. Ruhul Amin J. - This petition for leave to appeal is directed against the order dated August 16, 2005 of a Single Bench of the High Court Division in Civil Revision No.326 of 2004 allowing an application for injunction restraining the opposite party No.2 from making construction of any..Category: Property Law | Date: | Hits: 20
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. ......vocate about his illness and the learned Advocate filed an application before the Administrative Tribunal on the ground of illness of the petitioner but the Tribunal was pleased to reject the application and then dismissed the Miscellaneous case. 8. Being aggrieved by the dismissal ..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......hy;ers. The summons was duly served upon the plaintiff and others but none appeared to contest the suit and the suit was ultimately decreed ex parte on 05.06.1980. The defendants then filed an application for correction of the S.A. record before the Circle Officer (Revenue) on the basis of ..Category: Property Law | Date: | Hits: 48
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......(2) of the Code of Criminal Procedure and fixed 09.05.2002 for examination of witnesses. Thereafter the accused persons appeared and were enlarged on bail. The accused persons subsequently filed an application seeking their discharge under section 241A of the Code of Criminal Procedure but the l..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......al report in respect of the accused and took cognizance against some of the accused including the petitioner under Sections 11(kha) and 30 of Ain and discharged other accused. It also rejected the application of the appellant and others filed under Section 265C of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 41
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......d in question to the petitioner and also paying the sale proceeds since the year 1977 till passing the order to the petitioner. 2. The opposite-party, Fazlul Haque, being 1st party, filed an application under Section 144 of the Code of Criminal Procedure with a prayer to draw a Criminal Mi..Category: Property Law | Date: | Hits: 21
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... judgment and order dated 23.11.1985. 5. The defendants preferred Title Appeal No.12 of 1986 and the learned Additional District Judge, 1st Court, Satkhira remanded the suit for trial afresh by the learned Assistant Judge and directed the plaintiff to implead the Government of Bangla......earned Assistant Judge and directed the plaintiff to implead the Government of Bangladesh as the defendant in the suit. During pendency of the suit one Md. Nur Islam and seven others filed an application dated 02.08.1993 in the Court of the learned Assistant Judge, Satkhira under Order 1 Ru..Category: Property Law | Date: | Hits: 24
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... CGI sheeets at Tk.37,700/- and Tk.38,000/- respectively. The appellant has been paying VAT accordingly as per the said assessment. On being asked by respondent No.4 the appellant submitted a fresh declaration of the assessable value of GP and CGI sheets at Tk.37,200/- and Tk. 37,500/- per ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......iced that inadvertent mistake of the Court filed an application and the trial Court on March 23, 2000 passed necessary order (order No.45) to put the exhibit number on the documents. The application filed by the plaintiffs to put the Exhibit mark on the documents produced by the P.W.1 ..Category: Property Law | Date: | Hits: 19
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......k or financial institution as defaulting borrowers in view of section 27 KaKa (3) of the Bank Companies Act. Hence the applicants filed these two writ petitions. 4. The respondents filed an application for dismissing the leave petitions on the grounds, inter alia, that an agreement was si..Category: Banking Law | Date: | Hits: 103
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. ......fazzul Islam J.- This petition for leave to appeal arises out of the judgment and order dated 25.3.2007 of the High Court Division passed in Civil Order No. 1097 of 2007 disposing of the revisional application by staying operation of the order dated 26.11.2006 of the learned Senior Assistant Judg..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ...... respondent No.2 an appeal was filed before the writ respondent No.1 as per provisions of Section 42 of the VAT Act, that the appeal-was filed on December 8. 1996, that the appeal was filed with an application seeking waiver of the deposit required to be made as per provision of Section 42 (2) of..Category: Fiscal/Taxation Law | Date: | Hits: 69
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. ......ion as per provision of Artha Rin Adalat Ain, 2003 but it could not be sold in auction for the reason that the price offered by the bidders was too low. Thereafter, the decree-holder bank filed an application under section 33(5) of the Artha Rin Adalat Ain, 2003 praying for issuing certificate i..Category: Civil Law | Date: | Hits: 94
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ion from the law officer who gave report with a comment that there was no scope to enlist any property a vested property in the year of 1997 by the ADC (Rev), Dhaka. The writ-petitioner again made an application to the Secretary, Ministry of Land to release the property from the list of vested prope..Category: Property Law | Date: | Hits: 33
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ...... the pre-emptor is a co-sharer by inheritance and the case is within time. 3. The pre-emptee contested by filing written objection denying the material allegations made in the miscellaneous application and further contended that the pre-emptee is a co-sharer by purchase in the case holdin..Category: Property Law | Date: | Hits: 26
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. ......on No. 2467 of 2002). Judgment Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directe..Category: Property Law | Date: | Hits: 41