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Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....nservation of environment, irrespective of the locality where it is threatened, I am of the view that a national organisation like the appellant, which claims to have studied and made research on the disputed project, can and should be attributed threshold standing as having sufficient interest in t......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....dgment due requiring the Certificate debtor to deposit with the Certificate Officer the amount of his debt within 30 days of the service of such notice. After receipt of the notice respondent No.1 disputed the claim and asserted that the amount is not correct and the amount is not due to the Ban......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....al objection will be ignored because the spirit behind the provision has been satisfied by the decision of the Commission before filing of the report.
11. The objection in any case is based on a disputed fact which cannot be resolved without evidence. From the impugned judgment it appears that ......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
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Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....aintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made another applicatio......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....redited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never reached the appellant as its income.……………&...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....g before the aforesaid amendment. But instead he filed the writ petition which was thus liable to be dismissed. 13. The learned Additional Attorney-General submitted that it cannot be disputed that the decision of the Tribunal was given having full jurisdiction. If the impugned dec......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....of the acquired land in favour of the plaintiffs. In other words, the question is whether there was a valid and lawful agreement between the plaintiffs and the defendants to be enforced. It is not disputed that the suit land was acquired by the Government as far back in 1911 under the Land Acqui......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
.... Advocate General is that, since in respect of the locality in question a notification under sub-section (2) of section 43 has been made, and since the Revenue Authority were satisfied that the disputed lands constituted fishery the same have vested in the Provincial Government. We are unabl......eof along with the co-sharers. They had no rent-receiving interest. During the survey settlement made under the State Acquisition and Tenancy Act, 1950 the said SA plot No. 1448 was recorded in the khatian No. 1 of respondent No. 1, but its area was wrongly recorded as 0.38 acre in place of the ..Category: Property Law | Date: | Hits: 90
.... on an earlier occasion, an order of injunction was found to inappropriate but the same cannot be a routine matter to be followed under all circumstances.
13. Mr. Ahmed upon referring to certain disputed facts as to difficulty of running the company involving the two Executive Directors (which ......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....er, to say the least, appears to have the prima facie liability to pay supplementary duties as imposed in the Finance Act, 1996. Why should he be allowed not to pay supplementary duties at all? The disputed increase in supplementary duties is the issue, not the duty itself. The development surch......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....nce of forgery which was found to have been committed both by the trial Court and the High Court Division upon a misconception of fact and law. Mr. Malek submits that the defence case was that the disputed heba-bil-ewaz deeds were genuine and they were executed by Sabirul Akanda Chowdhury in sou......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....No. 3771 was Abed Pradhan who died leaving behind 5 sons and 2 daughters. The informant and his brother claimed inheritance through the two daughters of Abed Pradhan, They had no possession in the disputed land. They obtained an ex parte decree in a partition suit against which a miscellaneous c......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....agreement and PW 3 as one of the attesting witnesses of the agreement also proved his signature as well as the signatures of the defendant therein, and DW 1, the son of the defendant, in his evidence disputed the signature of his father in the said agreement stating ÒGB Pzw³c‡Î Bnv Avgvi wcZvi ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....cation to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....d. Mr. Yousuf also does not make any point out of this survey report as because his main claim is total repudiation of the claim as not covered by the two insurance policies. 14. It is not disputed that public power supply failed at 6-00 PM on 18-5-91 and the plaintiffs freezing plant w......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not a co-sharer in SA Khatian No. 185 ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
.... a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the case. 4. Kazi Shahadat Hossain, learned Advocate for the appellant, submits that the disputed kabala was obtained by the appellant’s father and his uncle, when the appellant was a min......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... of the facts and circumstances of the case and the evidence on record, held that the decree in Title Suit No. 59 of 1962 was not binding on the plaintiff as Nimai Chand had taken settlement of the disputed land from Pagal Rishi by virtue of the registered patta Exhibit-1, that the plaintiff had ......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....record and restored the name of the plaintiff bank in SA khatian No. 118 in respect of entire 0.82 acres of land. Subsequently the defendant tried to evict forcibly the plaintiff’s tenants from the disputed land. Thereafter, defendant No.1 behind the back of the plaintiff on 12-12-83 fraudulently ......e Additional Deputy Commissioner (Revenue), who upon hearing the parties by order dated 24-2-82 deleted the name of defendant No.1 from the SA record and restored the name of the plaintiff bank in SA khatian No. 118 in respect of entire 0.82 acres of land. Subsequently the defendant tried to evict f..Category: Property Law | Date: | Hits: 83
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