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Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....ed in: VI ADC (2009) 668. ......gh Court Division affirmed the judgment of the trial Court on discussion and consideration of the evidence and material on record of the case. The learned Single Judge having discharged the Rule on proper finding based on evidence and materials on record we find no reason to disturb the same. He..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv......ancy right of the alleged shopkeepers is not before High Court Division for consideration and the main question before the High Court Division is to determine whether the authorities concerned made proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was ..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... Abedin J Shah Abu Nayeem Mominur Rahman J Md. Badaruddin Howlader …………………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009.......ss for compliance of the court's order and thereby there is delay in the implementation of the order of the High Court Division and that in the premises the conviction and sentence as passed is not proper and liable to be set aside. 7. We have perused the leave petition and considered the..Category: Criminal Law | Date: | Hits: 62
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1......o make the appeal regular and ready for hearing subject to the order to be passed on the application filed for waiver from payment of the prescribed amount i.e. the petitioner was entitled to get a proper opportunity to make the payment of the prescribed amount after his prayer for waiver has bee..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
..... Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: ......any but Rajshahi Krishi Unnayan Bank, which gave loan to the company for setting upon the textile mills, did not accept such illegal change. 5. We are of the view that this Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg..Category: Criminal Law | Date: | Hits: 44
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....l Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.2007 passed by the High Court Division in Criminal Appeal No. ......occurrence and the confessional statement made by the accused husband within 2 days from the date of occurrence before the learned Magistrate, 1st Class. The impugned judgment having been passed on proper consideration and finding based on the evidence and materials on record, we do not find any ..Category: Criminal Law | Date: | Hits: 96
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2......ren and the plaintiffs, Birendra and among them Dhiren died unmarried leaving there brothers and thus plaintiffs inherited 1/3rd of 1/7th equivalent to 1.07 acres of land of Mritunjoy's property and further case of the plaintiff is that Debicharan died leaving behind wife ..Category: Property Law | Date: | Hits: 27
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
.... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District Judge...... respondent No. 3 the decree holder, the certificate under section 33(5) of the Artha Rin Adalat Ain 2003 due to non availability of bidder in the auction sale held on 4.4.2005 for sale of the properties mortgaged by the judgment debtor petitioners as security for the loan. 2. The pet..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
.... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Adul Matin J Nasiruddin Biswas…………..Petitioner Vs. Chairman, National Board of Revenue and others……Respondents Judgment July 27, 2008. Lawyers Involved......d out in writ jurisdiction and so the best course open to the petitioner was to file appeal under section 42 of the VAT Act, 1991. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg..Category: Fiscal/Taxation Law | Date: | Hits: 83
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
....ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: ...... are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Govern..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....am J Md. Joynul Abedin J The City Bank Limited…………………..................Petitioner Vs. Judge, Artha Rin Adalat, Barisal and others….......Respondents Judgment January 25, 2009. Lawyers Involv......ments 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 respondent No.2, also filed Artha Rin Suit No.06 of 2006 in the same Court prayi..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynal Abedin J Md. Abdul Matin J Md. Qamrul Islam and others…………………........Petitioners Vs ......ounds natural, but factual aspect is that in any Muslim joint family also, the elder brother, in the absence of father, becomes the guardian of the family and is responsible to look after the property on behalf of the other members of family though he is not formally termed or addresse..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Go......ari, P. S. Demra, Dhaka, belonged to Rambramhan Tior and Ram Doyal Tior in equal share and their names were recorded in C.S. record; That on their death the defendant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to p..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
..... 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 22, 2008. Cases Referre......and if by the order of suspension any of the terms and conditions of service is violated his remedy lies before the Administrative Tribunal. 7. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved arrived at a correct decision a..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....n J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. Lawyers I...... house from the Ka List stating that initially she had been in possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Hamid Khan Qamar who purchased the said property from Messrs Eastern Housing Limited by a registered deed of sale dated 25.08.1966, and in ..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
.... Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and another.......Respondents. Judgme......g fraud and forgery on the Court and are therefore inoperative, null and void and have no legal force and as such not binding upon the plaintiff and for a further declaration that the schedule No.1 property was not the subject matter of the solenama decree in the Title Suit No.64 of 1972 a decree..Category: Property Law | Date: | Hits: 23
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....e Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Janata Bank, represented by its Chairman, and another....Petitioners Vs. Mr. Fazlul Hoq and another...................................emplated by Regulation No.58 of the Janata Dank Employees Service Regulation, 1995 were net followed. 6. In our view the findings of the Administrative Appellate Tribunal, Dhaka are based on proper consideration of the materials on record. We find no infirmity in the judgment of the ..Category: Administrative Law | Date: | Hits: 175
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ppellate Division (Civil)ar Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Krishi Bank, represented by the Managing Director and others……….Petitioners Vs. Md. Saidul Haque...................Respondent Judgment ......terial allegations and contending that the case is not maintainable, barred by limitation, the performance of the respondent as godown officer was not satisfactory and he did not discharge his duties properly and he did many irregularities for which Bangladesh Krishi Bank incurred huge loss and as s..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....in CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…..........................Respondents Judgment December 4, 2008. Result: ......it necessary in the public interest. Section 18 of the Customs Act speaks of a rate of duty which could be upto 100% or value on that but section 19 speaks of exemption as the Government deem fit and proper in the public interest and in that view of the matter these two sections do not control each ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....e is also Reported in: 62 DLR (AD) (2010) 255. ......being aggrieved by the judgment passed in Arbitration Miscellaneous Case No. 22 of 1993 have filed appeals. 9. The appellate Court observed " As per above provision Public Works Department is the proper authority to assessing the value of the buildings and other structures of acquired land but i..Category: Alternative Dispute Resolution | Date: | Hits: 249
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