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Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....urt, Mymensingh, who on consideration of the materials and evidence on record allowed the appeal setting aside the judgment and order passed by the trial Court and thereby rejected the pre-emption holding that the Miscellaneous Case was bad for defect of parties and the pre-emptor failed to prov......03. 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: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....s of attorney are benami transactions and between the two, the attornies are the real beneficiary and the owner of the plots. 5. The High Court Division, after hearing, discharged the Rules holding that the cases of the petitioners are based on letters of allotment and subsequent document...............Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secreta..Category: Property Law | Date: | Hits: 34
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....rt in Miscellaneous Appeal No. 82 of 1995 before the District Judge, Dhaka, which on transfer was heard and disposed of by the learned Additional District Judge, 4th Court, Dhaka, allowing the appeal holding, amongst others, that: "It is stated in Section 18(1) (5) that so long a tenant paid ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....ssed. 5. The learned Assistant Judge on due consideration of the materials and evidence on record and the submissions of' the learned Advocates of the contesting parties dismissed the suit holding that the plaintiff failed to prove his case and that the defendant No. 3 proved her case as...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..Category: Property Law | Date: | Hits: 54
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....defendant-petitioners to vacate the suit premises within 30 days finding the defendant-petitioner as defaulters on due consideration of facts and evidence of the case both oral and documentary and holding that the plaintiff has been able to prove his case. The learned Single Judge of the High Co......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....learned Subordinate Judge did not consider the same and without any basis held that Exts. A and B as fraudulent pieces of documents. 6. As it appears the High Court Division made the Rule absolute holding that admittedly suit land belonged to Rustam Ali and Sarifunnessa in equal shares and D.W.2,...... is locally as Rumpura Bazar which has been established a full fledged Bazar as defined under section 2(12) and section 20(a) of the State Acquisition and Tenancy Act, 1050 and after forfeiture, the government took possession of the above Bazar and handed over the management of the said Bazar to Dha..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....quot;. 11. Leave was granted to consider the submission of the learned Counsel appearing for the appellants in all the appeals that "the High Court Division erred in law in holding/directing that the writ petitioners be given compensation according to the present market v......l the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was paid but later on Government decided to de-requisition their land along with the land of others and thereupon they wer..Category: Property Law | Date: | Hits: 41
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....ol and supervision of the Board of Directors of the company and the above aspect of the case have not been considered by this Division. 4. As it appears this Division dismissed the petition holding that the High Court Division found that at the instance of the petitioner, in the second li...... Article of Association of the proposed company were printed containing the above terms along with other terms and the sponsors, as above, after putting their signatures on 8 copies thereof handed over those to the petitioner for submission of four copies to the Office of the Registrar, Joint St..Category: Criminal Law | Date: | Hits: 44
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....cution Case No.141 of 2002 in the above Artha Rin Adalat No.1, Dhaka constituted under Ain 2003 is in accordance with law. 4. The High Court Division, after hearing, discharged the Rule holding that the words "বিচারাধীন স......he judgment and decree passed therein against them and also the starting of the above Execution Case no. 141 of 2002 against them but in spite of that they remained silent for a long period and moreover the impugned order was passed on 14.7.2005 and the writ petition was filed on 27.2.2007, ..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....ave heard the learned counsel and perused the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that the whole grievance of the petitioner as to the first part of the Rule is that it havi...... established a printing section of Nasir Biri Industry Ltd and on the same date the said press section was enlisted in Form VAT-8 and the petitioner used to pay Tk.10,000/-annually as turnover tax as determined in accordance with the Value added Tax Act, 1991 (VAT Act, 1991) and th..Category: Fiscal/Taxation Law | Date: | Hits: 83
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....ndent No.4. 11. It was stated that following the signing of the said shareholders' agreement affairs of the company was run by respondent No.4 as majority shareholder and was also holding the post of Managing Director of the company. 12. The management concept of the......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..Category: Business or Commercial Law | Date: | Hits: 193
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....nd also by depositing original title deeds. 3. The learned Artha Rin Adalat, after hearing, by judgment and order dated 18.06.2007, rejected the above application for addition of party holding that the respondent Nos. 3 and 4 did not take any loan from the petitioner and the petitio......on summarily. 2. The petitioner filed the above writ petition on the averments that they filed Artha Rin Suit No. 03 of 2006 in the Court of Judge, Artha Rin Adalat, Barisal praying for recovery of Tk. 33, 22,100/01 from the respondent Nos. 3 and 4 by sale of mortgaged properties and the..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... the plaintiff to vacate the suit land and the plaintiffs having proved title on the suit land, is entitled to the decree sought. 5. As it appears the High Court Division discharged the Rule holding that evidence on record shows that the plaintiff did not adduce any independent witnes......dence on record shows that the plaintiff did not adduce any independent witness to prove the fact that the suit land was acquired by the fund of the joint family and in the suit the main controversy was how the fund was provided for purchasing the suit land and since the kabala dated 2..Category: Property Law | Date: | Hits: 22
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....resented by the Secretary, Ministry of Home Affairs and others, reported in 52 DLR (AD) 120, Shamsul Islam Khan vs. Secretary, Ministry of Communication, Roads and Highways, reported in 8 BLT(AD) 120 holding that the Appellate Division in a series of cases has taken a consistent view that a person i......ion No.1088 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 2..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....nsel for the petitioner, and perused the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that the records show that the property was declared as an abandoned property and wa......gly both the parties filed an application in the Court on 04.08.1983 for compromise but as ill luck would have it, the vendor Abdul Hamid Khan Qamar died on 26.08.1983 and he was buried at Government Mirpur Graveyard and thereafter Jobeda Khatun and Abdul Jabbar Khan, respectively th..Category: Property Law | Date: | Hits: 26
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
.... though P.W.1 saw finger marks on the throat of the victim but it was given out that the victim had committed suicide by taking poison and so P.W.2 lodged Unnatural Death Case No.13 of 1997; after holding the inquest on the dead body of the victim, the same was sent to the hospital for autopsy w......inst the petitioner under section 302 of the Penal Code. At the commencement of the trial of the case, the petitioner was charged under section 302 of the Penal Code but the same could not be read over and explained to him because of his abscondence and for the absondence of the petitioner ultim..Category: Criminal Law | Date: | Hits: 50
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ncurred huge loss and as such a departmental proceeding was initiated against him wherein five charges were framed against him but the respondent did not appear before the Inquiry Committee and after holding inquiry as per rule 41 of the Bangladesh Krishi Bank Karmachari Chakuri Probidhanmala, 1988,......t 22 delivery orders and that in the case of Bangladesh Vs. Abdur Rahman Molla and others 27 DLR 428 it has been held that when additional or new charges have been levelled against an accused officer over what contained in the enquiry report, opportunity should be given to the accused to meet those ..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
.... writ-respondents are accordingly directed to do the needful in this regard within one month from the date of receipt of the order. 6. The High Court Division arrived at the aforesaid finding for holding that the writ petitioners were entitled to get their taxicabs released on the basis of exemp......of taxi-cab. The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the city areas..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
....nts being authority of Palli Daridra Bimochan Foundation challenged the said judgment in Writ Petition No.2807 of 2002 and the said writ petition was disposed by a judgment dated 1st March, 2003 upholding the decision of the Labour Court; that the appellants then filed a Civil Petition for Leave...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..Category: Employment/Service Law | Date: | Hits: 68
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....orney General placing reliance on the aforesaid finding and observation of the learned Arbitrator relating to awarding of costs of constructions submitted that the High Court Division was in error in holding that the learned Arbitrator did not solely relied upon the report of the Private Engineering...... Sayeda Mazada Khatun Vs. Bangladesh Shilpa Rin Sangstha 55 DLR (AD) 82 (85); Aminul Islam and others Vs. M/s. James Finly and Co. Ltd. 26 DLR (SC) 33; Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others Vs. M/s. M F Limited 44 DLR (AD) 166. Lawyers Involved:..Category: Alternative Dispute Resolution | Date: | Hits: 249