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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. ......ed Additional Sessions Judge, Pabna in Criminal Revision No.3 of 1994 affirming the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the pet..Category: Property Law | Date: | Hits: 21
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... 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. ......ccordingly the Tribunal found no ground to interfere with the order of the collector. It further appears that evasion of payment of VAT was first detected by the inspection team and then the proceeding was started against the appellant. The appellant having denied the allegation a spe..Category: Fiscal/Taxation Law | Date: | Hits: 83
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......before the Circle Officer (Revenue), Paba, Boalia Circle Rajshahi for mutation of his name in respect of the entire suit plot as Shebait but on objection raised by the plaintiff, the said mutation proceeding was dropped. Thereafter the said elder brother instigated and set up other persons to fi..Category: Property Law | Date: | Hits: 96
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ...... lis pendens as contemplated in Section 52 does not run counter to the provisions of Section 40 of the Transfer of Property Act contemplating reconveyance till final order is passed in pre-emption proceeding. 8. Mr. Nurul Islam Chowdhury learned Advocate, appearing for the respondent Nos...Category: Property Law | Date: | Hits: 33
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......rtha Rin Adalat No.1, Nilphamari constituted under the provisions of Artha Rin Adalat Ain, 2003 and renumbered as Money Execution Case No. 84 of 2003 on 27.04.2003 which is totally illegal and the proceeding is without jurisdiction as suit under trial can only be transferred to the Court of Arth..Category: Civil Law | Date: | Hits: 89
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......nbsp; 3. The Miscellaneous appeal has been contested alleging that the petitioner was a defaulter and had full knowledge of the auction proceeding. Though he entered into appearance but he did not take any step for satisfaction of the ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No.12 of 2003 dismissing the appeal and affirming the judgment and order dated 25-6-2002 of the High Court Division quashing the proceeding of Petition Case No. 515 of2001 under section 138 of the Negotiable Instru...... 1881 (Act No. XXVI of 1881), section 138 The question of service and receipt of notice under section 138 of the Negotiable Instruments Act, 1881 is a question of fact which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appel..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......udge, 2nd Court, Chittagong corresponding to GR Case No. 507 of 1993 arising out of the Bandar Police Station Case No.30 (4) 1993 under sections 147/148/149/302 of the Penal Code. The said criminal proceeding was in the process of trial in accordance with the provision of law of the land but due t..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......l Procedure before the respondent could proceed further with the said trade mark application. An application has already been filed for furnishing security for cost which may be disposed of before proceeding further with the application. The respondent is not an aggrieved person within the meani..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....07 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, 2. The respondent filed the aforesaid writ pet...... May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the i..Category: Fiscal/Taxation Law | Date: | Hits: 97
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....ner i.e. the Respondent herein and consequently no offence has been disclosed in the FIR and in the charge-sheet punishable under Section 25A of the Special Powers Act, but rejected the prayer for quashing the proceeding of the Special Tribunal Case No. 25 of 2003 since there is allegation in th......coming of the prosecution witness and consequent thereupon as the petitioner i.e. Nur Husain alias Hiron is languishing in Jail for over a period of 4 years and as such the continuation of the proceeding being abuse of the process of the Court is liable to be quashed, that mere possessi..Category: Criminal Law | Date: | Hits: 38
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ...... the said orders the officer-in-charge of Motijheel Police Station submitted a detail report dated 8.11.1999 to the Chief Metropolitan Magistrate, Dhaka where he clearly stated that the proceeding of Non FIR case was started with the holding No.58/1A, 5(five) storied building, Pu..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 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) 422. ...... The Respondent joined in the service in 1961 as Constable and was promoted as S.I. on December 1, 1971 and thereafter promoted as Inspector on May 1, 1986, that on October 30, 1996 a departmental proceeding under the provision of the Government Servants (Discipline and Appeal) Rules, 1985 was i..Category: Administrative Law | Date: | Hits: 120
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no 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) 392. ......t No.2 that the defendant No. 2 preferred Title Appeal No. 222 of 1997 before the District Judge but ultimately on 04.05.1999 dismissed the appeal for want of steps; that the plaintiff filed mutation proceeding but the defendants being cousin and influential person collectively on 2nd Baishak, 1407 ..Category: Property Law | Date: | Hits: 42
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......s proved his case and the documents produced support the plaintiff's title; in the decision reported in 45 DLR (AD) 112 the Appellate Division has held that how far a judgment passed in an ex-parte proceeding is to comply with the provisions of Order XX, rule 4(1) of the Code of Civil Procedure w..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......o, the direction of informing the order to the parties was redundant, specially when Note (1) of Rule 388(2) of the Civil Rules and Order provides that it is for the Advocates to be present at the proceeding to make themselves acquainted with the order passed and it is not the duty of the office..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Article 4 of PO 12 of 1972 is applicable as regard a case where a person could not because of the abnormal situation from 1st of March, 1971 to 1st of March, 1972 institute or initiate legal proceedings and, as such, his claim or suit become barred by limitation and that plaintiffs' suit ..Category: Property Law | Date: | Hits: 48
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......the document by which transfer has been made, that the trial Court held that the Miscellaneous case was barred by limitation upon due consideration of the evidence but the appellate Court upon proceeding on the wrong premises set aside the finding of the trial Court on the question of limit..Category: Property Law | Date: | Hits: 20
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
....tion 11(Kha)/03 of the Ain against the accused persons. Thereafter, the accused husband filed an application under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceeding of the case and obtained the Rule. 4. The High Court Division upon h......03 of the Ain against the accused persons. Thereafter, the accused husband filed an application under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceeding of the case and obtained the Rule. 4. The High Court Division upon hearing made t..Category: Criminal Law | Date: | Hits: 32
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......ct to review under order 49, rule 1 C.P.C. In this view of the matter the Rule was made absolute and the order dated 27.5.1975 was set aside and the Court directed the Munsif recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. ..Category: Property Law | Date: | Hits: 23