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Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....iable to pay its dues with interest, etc. but they failed to pay the same and "since the money is not forthcoming either from the opposite party No.1 or 6, the petitioner Sangstha has no alternative but to file this application for the recovery of its dues for which the opposite p......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......t;we are of the view that 'Zakat' as a concept and a pillar of Islam is not applicable to a juristic person like the Bank". 9. The learned Counsel for the petitioner, in support of the prayer for review has submitted that this Division disposed of the Civil Petitions for Le..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....t the judges constituting the collegium are not conversant with the names and antecedents of the candidates and more often than not, appointments suffer from lack of adequate information. 261. Two alternatives are available to the Government of the day. One is to seek a reconsideration of the thr......the appointment of six Additional Judges, namely, Abdul Hye, Md. Faruque Ahmed, Mohammad Marzi-ul-Huq, Md. Shamsul Huda, Abdur Razzak and Hasan Foez Siddique. The learned Attorney General opposed the prayer for production of papers on the ground that they were privileged documents. The Special Bench..Category: Constitutional Law | Date: | Hits: 251
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......pose for which the acquisition was made but could not be utilized for any other purpose and as such, the petitioners are entitled in law to get the lands released in their favour and pending their prayer for release the issuance of eviction notice is malafide and liable to be declared to have be..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....n of law as contemplated under Article 106 of the Constitution but he merely sought a legal opinion and as such the questions asked deserve no answer by this court. Mr. Huq nonetheless submits in the alternative that careful examination of the relevant provisions of the Army Act, 1952 and the fact f......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......e Court by order dated 04.02.1997 directed the plaintiffs to personally appear before the Court fixing 02.06.1997. On 02.06.1997 the plaintiffs without complying with the order of the Court made a prayer for time to move the High Court Division against the order dated 04.02.1997. Thereafter the ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... 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. ...... Rule absolute, setting aside the judgment and decree dated 29.09.1994 passed in S.C.C. Suit No.195 of 1984 by the Assistant Judge, 1st Court, Dhaka, and thereby decreed the S.C. C. suit allowing the prayer. 8. The High Court Division disposed of both the Civil Revision Cases being Civil Revision..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......r default as no one appeared on 22.05.2006 and the order of stay granted earlier was vacated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was restored to its original file and number on 15...Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... 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. ......High Court Division on consideration of the materials on record and the submissions of the learned Advocates of the respective parties made the Rule absolute. The High Court Division has found the prayer challenging the order of the defendant No. 4 in respect of the settlement of the case land i..Category: Property Law | Date: | Hits: 54
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....the plaintiff did not take rent when the defendants tendered the rent for the month of July, 1995 and the defendant thereafter did not pay rent and became defaulter. The plaintiff finding no other alternative served a notice upon the defendant under Section 106 of the Transfer of Property Act te......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
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....s the legitimate expectation of the writ-petitioners that as their land would no longer be required by the requiring body they would be allowed to remain in possession of their land or in the alternative they would be provided with alternative plot or that the would get compensation in resp......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......ying for lease of the said fishery and offered a development scheme of the said unutilized closed fishery. The said application was sent to the Secretary, Ministry of Land for consideration of the prayer for lease. Later, on 12.2.1995 the writ petitioner again filed an application before the Min..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......d amount as required under Section 158 of the Ordinance were rejected on 04.05.2000 but prior to that date the Tribunal dismissed the appeals by order dated 09.04.2000, on wrong impression that no prayer for waiver has been made by the petitioner in the respective appeals, though in fact the pet..Category: Fiscal/Taxation Law | Date: | Hits: 89
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....nviction under Section 302/34 of the Penal Code is not sustainable in law and as such, the impugned judgment and order needs to be reviewed for the interest of justice. 4. Review is not and alternative to an appeal. In order to invoke the provision of review, cogent sufficient cause has t......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..Category: Criminal Law | Date: | Hits: 47
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......ndants have got their homestead on the suit land, as such it is necessary to ascertain the position of the structure by appointing an Advocate Commissioner, the Courts below erred in rejecting the prayer of the defendant in not allowing the prayer of the petitioners. The learned Counsel fur..Category: Property Law | Date: | Hits: 33
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ...... then charge was brought against the petitioner for evasion o& payment of VAT to the tune of Tk. 17,78,535/32 upto the month of August, 2000 and in response the petitioner, on 31.07.2001, made prayer to the Commissioner of Customs, Excise, VAT, Jessore for exemption from payment of the afore..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......constructed in the vacant land of the back side and unlocking the door of latrine etc. Two local inspections were held. The trial Court by the judgment and order dated 29.09.1998 allowed the prayer of mandatory injunction relying on the Advocate Commissioner's report. Being aggrieved ther..Category: Property Law | Date: | Hits: 22
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ...... which has get nothing to do with D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and prayer of the Family Suit and provisions of law applicable thereto resulting in an error in decisio..Category: Family Law | Date: | Hits: 280
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here 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: VI ADC (2009) 563. ......udication is whether the respondent No. 4 owes any money to the respondent No. 2 and to adjudicate this issue the presence of the petitioner is not necessary at all and the petitioner can make prayer to the Artha Rin Adalat concerned at proper stage for satisfaction of its decreetal amount f..Category: Civil Law | Date: | Hits: 102
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere 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: VI ADC (2009) 551. ....... 2075 of 2003 discharging the Rule which was obtained challenging the judgment an order dated 14.01.2003 of the First Court of Settlement, Dhaka, passed in case No. 168 of 2001 rejecting the prayer of the petitioner for release of House No. Ka-119, Pallabi, Mirpur, Dhaka from Ka List of th..Category: Property Law | Date: | Hits: 26
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