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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. ......ubmissions made by the learned Advocate for the leave petitioners. From the materials on record, it appears that the leave petitioners failed to prove their assertion of their payment of rent for the period of Shrabon 1386 B.S. to Agrahayan 1388 B.S. The decision of the learned District Judge in all..

Category: Tenancy Law | Date: | Hits: 145

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....intain such insurance coverage or a reputable P &1 club guarantee for the duration of the said agreement. The defendant No.5 did not obtain any liability insurance for the vessel 'MV Jaami' as stipulated under Clause 9 of the alleged slot charter party agreement and, as such, the defendant N...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ...... operate the account himself and a further amount of Tk. 5,07,520/- was also deposited in the said account from the fund of the Pourashava and that through different Cheque the appellant during the period from 04.12.1984 to 08.02.1986 with­drew a total sum of Tk. 10,99,700/- and without spend..

Category: Criminal Law | Date: | Hits: 43

Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)

....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......y knew about the 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..

Category: Civil Law | Date: | Hits: 103

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. ......n held during 12.10.1998 to 15.10.1998 by Memo dated 09.06.2002 charge was brought against the petition­ers to the effect that he evaded payment of VAT to the tune of Tk.7,71,450/00 during the period from 1997-98 to 1998-99 and then charge was brought against the petitioner for evasion o&..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)

.... for three years subject to the condition that the period of tenancy might be extended from time to time with an enhancement of rent at the rate of 7%. In clause 13 of the agreement, it is further stipulated that both parties are empowered to ter­minate the tenancy with three months, notice ......anaging Director of 'Hotel Golden Deer Limited'. As per agreement, the rent of the premises was fixed at Tk. 2,50,000/- with effect from 01.05.2002 for three years subject to the condition that the period of tenancy might be extended from time to time with an enhancement of rent at the rate of 7%..

Category: Business or Commercial Law | Date: | Hits: 169

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. ......e thousand) which is to be paid within 3(three) months. 8. The learned 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. ..

Category: Family Law | Date: | Hits: 280

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

.... 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. ...... in lieu thereof on payment of basic salary of 3 months. Writ-petitioner's service was terminated by PDBF by the office order dated September 3, 2001 offering them basic salary for 3 months' notice period and other benefits. Thereupon the writ-petitioners filed respective 'writ petition challengi..

Category: Employment/Service Law | Date: | Hits: 68

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ......dent Nos.1-3 detaining the minors in the house of the respondent Nos. 2-3. The writ petitioner has also alleged  that she was allowed to visit her son and daughter on two occasions during the period of 8 months and that writ petitioner was not allowed to talk to her son and daughter over te..

Category: Family Law | Date: | Hits: 171

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......aintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mortgage Ramhari Kasya got the possession of the land and while owning and possessing he ..

Category: Property Law | Date: | Hits: 28

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......ia, that the defendant No.3 Chief Commercial Manager (East), Bangladesh Railway, Chittagong invited tenders for supplying foods to the passen­gers of Dhaka Chittagong Inter City Trains for the period from July, 1988 to June, 1991. The plaintiff as caterer partic­ipated in the bid and his..

Category: Civil Law | Date: | Hits: 150

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 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) 485. ......aining leave continued the B. Ed Course on Teaching Practice; she under the Regulation is entitle to get leave for her B. Ed Course but since there is no provision for leave at the time of teaching period of school she had to pray for part leave only for teaching of B. Ed Course; then the defend..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)

.... at a correct decision. We therefore find no rea­son to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......xport-oriented industry and got registration to that effect on 20.3.1995. The writ-petitioner also got a bonded warehouse license under section 13 of the Customs Act, 1969 on 3.5.1999 first for the period ending on 31.12.1995 and then it was extended up to 31.12.1996. On 5.5.1996 the writ petiti..

Category: Business or Commercial Law | Date: | Hits: 163

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......sion in favour of the respondent obviously took place in 1393 B.S. and not in the year 1392 B.S. The appellant, however, executed a lease deed on 04.04.1990 with the Secretary of respondent for the period of 1396 to 1398 B.S. and the respondent as well as paid deposit of TK.4,37,000.00 towards re..

Category: Civil Law | Date: | Hits: 101

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......all upto 02.11.2000 when the High Court confirmed the sen­tence of death and thereafter upto this date and thus the petitioner suf­fered the agony of death in condemned cell for a total period of 5 years 8 months. But this Court summarily dismissed jail petition Nos. 4 and 5 of 2001 ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ...... High Court Division's judgment and order is set aside and that of the trial Court is restored. Respondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ..

Category: Criminal Law | Date: | Hits: 44

Abdus Sobhan Vs. Faruque Ahmed @ Sunan and oth­ers, 2004, 33 CLC (AD)

....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......f the appeal is contrary to the long estab­lished practice followed in the High Court Division inasmuch as bail could have been given if there are cogent grounds for granting bail for a limited period with a direction to pre­pare paper book out of Court. 3. The accused respondents..

Category: Criminal Law | Date: | Hits: 29

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... repeatedly causes of action would arise on the issuance of notice every time. Regarding the observa­tion of the High Court Davison that the notice in question has been served beyond statutory period, the learned Additional Attorney General in the facts and circum­stance of the case find..

Category: Criminal Law | Date: | Hits: 42

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... Excise appointed up to 1973. By the impugned Memo dated 10.6.90 of the National Board of Revenue respondent Nos.4-11 being Mujibnagar Employees were shown as seniors to the appellant counting the period of their service ren­dered at Mujibnagar during the war of liberation towards fixing sen..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......esings from service of the Corporation but fails to give the required notice in accordance with sub-regulation (1) or sub-regulation (2), as the case may be, shall surrender pay in lieu of notice period. (4) On receiving the notice of resigna­tion from the employees, the Competen..

Category: Employment/Service Law | Date: | Hits: 95