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Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ...... 17. In view of the materials on record we hold that as M.R.R. Khatian appears to have been recorded in the names of the defendants they could pay rents in respect of the suit land for some period and mutated their names but the defendants failed to prove that the predecessor of the ..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......that there is no materials on record to show that during the lifetime of Mansur Ali his possession in the suit was disturbed by the landlord; that by way of continued possession over the statutory period the plaintiffs acquired right title and interest in the suit land; in Ext.2, the Local Inspe..Category: Property Law | Date: | Hits: 29
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. ......etric ton respectively showing raw materials components and wastage. The appellant has been paying VAT accordingly. 3. Respondent No.2 in normal course conducted a special audit for the period from July 1991 to December 1993 and a report was submitted recommending realization of Tk. 3..Category: Fiscal/Taxation Law | Date: | Hits: 83
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......s for disposal of this leave petition are that the plaintiff/respondent No. 1 filed the above Other Class Suit No. 17 of 2006 for declaration that he has the right to enjoy the suit property for a period of five years and also for other reliefs on the averments that the defendant Nos. 2-8 have b..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......pers and after seven months submitted the report to the writ respondent No.2-The Commissioner of Customs, Excise & VAT, Dhaka South, Dhaka and in the said report it was alleged that during the period between July 1991 and December 1994 the writ petitioner used about 47.00 kgs of P.P. films w..Category: Fiscal/Taxation Law | Date: | Hits: 69
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....ereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance ......to an agreement for sale with, stipulation to execute and register the kabala within 6 months on receipt of balance consideration money. But Muslim did not execute any kabala within the stipulated period. Thereafter his daughter Mobina Khatun informed the writ petitioner that Md. Muslim died on ..Category: Civil Law | Date: | Hits: 119
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... with the commission of the crime is no ground to find them guilty. 11. The High Court Division opined that P.Ws. 2,3 and 4 were examined by the investigating officer (P.W.14) after a period of 277 days, 377 days and 398 days respectively after the occurrence that..Category: Criminal Law | Date: | Hits: 36
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....ein, contested the suit by filing joint written statement contending that the suit is not maintainable; the respondent No.1 having failed to set up an industry in the suit plot within two years as stipulated in clause 4 of the lease deed, notices were issued upon him on 11.8.1988 and 11.9.1993 t......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
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. ...... It appears from the record that the memorandum of appeal filed on 19.03.2003 being not accompanied with proof of deposit of 50% of the decretal amount nor such deposit being made within statutory period of 30 days, the High Court Division committed error in passing order dated 29.03.2005. ..Category: Business or Commercial Law | Date: | Hits: 82
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. ...... appearing for the petitioner in Civil Petition No. 36 of 2004, submitted that an under trial prisoner is also entitled to get speedy trial without languishing in jail without trial for an indefinite period and it is a fundamental right of an under-trial prisoner to get speedy trial and thus the Hig..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. ...... there was no opposition to the advertisement of the aforesaid application and the application proceeded with registration unhindered. The trade mark so registered was renewed for a period of 15 years from 25-8-1998. After entering into the User Agreement dated 1st July, 1991, the..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ...... BADC Service Regulations, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the insta..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......onsent for prosecution contains the full facts constituting the offence it should be taken to be a valid sanction. 15. Mr. Hossain, lastly contends that our nation is now going through a period of crisis and in this situation the highest Court of the country is not expected to do anyth..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......eof, the Provincial Government may, be a notification specifying the reasons for so doing, direct that the control of such forest shall be vested in such Regional forest-officer for such period as may be specified in the notification; Provided that no such notification shall be ..Category: Property Law | Date: | Hits: 23
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......ourt, that as the trial is prolonging because of non-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 ..Category: Criminal Law | Date: | Hits: 38
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ...... Ansars in “Suchana Abashik Prokalpa” of 813, South Khulshi, Double Mooring, Chittagong and operation of the impugned Memo No. 2018/Ans dated 13-03-2003 (Annexure-U) be stayed for a period of three months from date.” 2. During the pendency of the writ petition, th..Category: Property Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... papers on record. 9. The learned Counsel submitted that admittedly prosecution case was that of sanctioning cash loan for agriculture, and for fertilizer amounting to TK. 1,60,200/-from the period 01.07.1984 to 12.09.1984 alleged to have been sanctioned and disbursed among 46 fake l..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......e relates to Azahar Mridha accordingly allowed in part. 17. Respondent No.2 Azahar Mridha, Son of Ali Mridha @ Ali Ahmed Mridha is directed to surrender to his bail bond to serve out the remaining period of sentence. 18. We have carefully examined the evidence of the prosecution witnesses...Category: Criminal Law | Date: | Hits: 26
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......endered 28 years 1 month and 9 days of services with effect from the date of his appointment as temporary work Assistant but the respondents most illegally and arbitrarily excluded his work-charged period of services from 11.10.1968 to 30.06.1978 for the purpose of not giving him pension benefit ..Category: Administrative Law | Date: | Hits: 115
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....n, Rahmat Khan, Hanif Khan and Anis Khan, that Hanif Khan and Anis Khan mortgaged the land in suit by a registered deed of mortgage dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the mortgage deed that after one year the mortgagors would be entitled to redeem the ......made in the plaint. The case of the 1st group of defendants was that the land in suit belonged to their predecessor and that the same has been possessed by their predecessor for more than statutory period of limitation and thus predecessor of the defendants and they have acquired title by advers..Category: Property Law | Date: | Hits: 48
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