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Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....usive possession therein. 3. The defendant petitioner contested the suit by filing written statement contending, inter alia, that the plaintiff did not get the suit land on the basis of any deed of exchange and that the defendant was not aware of Title Suit No.317 of 1973, did not re......lity in appreciating the evidence on record and that the question of identification of the suit land having not been raised in the courts below merited no consideration at the revisional stage. Hence this civil petition for leave to appeal by the petitioner. 6. Mr. Md. Aftab Ho......e materials on record. 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) 684. ..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... the suit land and hence the suit. 4. The defendant No.1-3 contested the suit by filing written statement contending, amongst others, that kanaklata, vendor of the plaintiff, did not acquire any right, title and interest in the suit land and she left for India during the lifetime of her h...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......gainst the said Kanaklata filed review case No.100/ 84-85 under Section 150 of the State acquisition and Tenancy Act and that the plaintiff got himself added as a party in the said proceeding and thereafter the plaintiff filed a criminal case asserting that the aforesaid gift dee..Category: Property Law | Date: | Hits: 54
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....y;doned the scheme. It was also the case of the RAJUK that Government after re-examining the scheme and considering the housing problem in the Dhaka city directed the DIT (now RAJUK) not to release any land already requisitioned and the Deputy Commissioner was directed not to accept any return o......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......authorized occupation and to remove the structures thereon by the 24th August, 1996. 3. Facts in all the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was pai..Category: Property Law | Date: | Hits: 41
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....ions 302/109 of the Penal Code. 4. Prosecution in this case in all examined 16 witnesses. The accused persons were under section 342 of the Code of Criminal Procedure and they declined to adduce any evidence. The defence plea as it appears from the trend of cross-examination of the prosecution ......that the High Court Division did not give any finding on this point and since it is a question of fact about the sufficiency or otherwise of circulation of the newspaper this cannot be raised at this stage. 19. The learned Counsel, appearing for the respondents however, submitted that so far th......dul Halim and Mosharraf Member were coming by another rickshaw from Burichang. They got down from the rickshaw near the construction bridge over river Gungur, they crossed the diversion road and were proceeding through the pathway on the field when the accused Kashem and Pinto came there and stood i..Category: Criminal Law | Date: | Hits: 53
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....) of the Income Tax Ordinance, 1984 and the reduction by the Appellate Additional Commissioner of Taxes only on conjecture and surmise without clear finding that the assessee applicant received any amount on account of goodwill? (d) Whether the Deputy Commissioner of Taxes was justifie......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......ribed amount to the notice of the Tribunal at the time of filing of the appeals, and thus it appears that the intention of the assessee-petitioner was not bonafide and to delay the disposal of the proceeding and hence the impugned order of dismissal passed by the Tribunal cannot be said to..Category: Fiscal/Taxation Law | Date: | Hits: 89
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....sion in Criminal Miscellaneous Case No. 18133 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the informant, Abu Ahmed Siddique, Chairman, Shovan Group of Company Limited, lodged the F. I. R. on 15.05.2006 at about 8:30 P.M. of an occurrence happened in betw......ed accused persons. 4. Mr. Abdul Baset Majumder, learned Counsel, appearing for the petitioner submitted that a prima-facie case exists against the accused petitioner; that in a stage of commotion with family affairs the relationship between the accused and the informant ......goods and the car, the blue-book of which stands in her name. 7. In view of the above, it appears that under the aforesaid circumstances the High Court Division found that the instant proceeding was initiated only to harass the accused petitioners. Accordingly, we find no sub..Category: Criminal Law | Date: | Hits: 57
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....in attempt was made for selling the mortgaged properties in auction with a view to realize the decretal amount with interest and costs but that attempt failed due to non availabilities of any bidder in the auction held on 4.5.2005 and then the executing Court by order dated 14.7.2005 i......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. ......o.141 of 2002, being not a pending suit, under section 60(3) of Ain 2003 the same can not be transferred to the Artha Rin Adalat constituted under the new Ain 2003 and as such the entire proceeding of the above execution case is also illegal. 3. Agrani Bank opposed the Rule..Category: Civil Law | Date: | Hits: 103
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......after delivery of possession as per report of the bailiff by order dated 12.7.2003. The present petitioner was neither a party nor a judgment debtor in the suit and in the execution proceeding and there was no such schedule 2(chap) in the earlier suit. The High Court Division inte..Category: Property Law | Date: | Hits: 25
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....The learned Artha Rin Adalat, after hearing, by judgment and order dated 18.06.2007, rejected the above application for addition of party holding that the respondent Nos. 3 and 4 did not take any loan from the petitioner and the petitioner is also not a guarantor against the loans so taken ......oney to the respondent No. 2 and to adjudicate this issue the presence of the petitioner is not necessary at all and the petitioner can make prayer to the Artha Rin Adalat concerned at proper stage for satisfaction of its decreetal amount first from the proceeds of the sole of the mortgaged......here 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) 563. ..Category: Civil Law | Date: | Hits: 102
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....te of the existing parties to the suit in respect of suit property would be subject to the result of the Civil Revision No.1362 of 2003 and hence the applicants would not be prejudiced in any manner for not being parties in the present suit; that the impugned judgment and order of ......;cants preferred civil revision against the appellate decree and in not considering that the applicants are not entitled in law to agitate the question of title against the defendants at the trial stage of the instant suit. The learned Advocate further submitted that the rejection of the ap......udge committed an error of law in allowing the civil revision and application of the applicant No.1-11 for addition as defendant in the suit on the ground of avoiding multiplicity of suits or proceedings in the face of his own finding that already there were suits between the applicants and..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....ual) and other established practice and the inquiry officer, after enquiry, has also submitted his reports and since criminal cases are pending against the petitioners, Bangladesh Bank did not take any further action in the departmental proceeding and after the disposal of the criminal cases t......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) 554, 19 BLT (AD) (2011) 158.......re also placed under suspension by Bangladesh Bank by departmental Staff Orders which are not in accordance with Regulation No.22 of Bangladesh Bank's Staff Regulations in terms of which departmental proceedings are be concluded within 4 months from the date of showing cause for disciplinary actions..Category: Criminal Law | Date: | Hits: 78
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....f the Sonali Bank (Employees) Regulations, 1981 vide memo dated 31.01.1995, naming the inquiry officer in the said show cause notice, and thereafter the inquiry was held ex-parte without providing any opportunity to the respondent hereof to defend himself and to adduce witness and a report was ......k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......ading and misinterpretation of the relevant provisions of the Service Regulations. 5. The learned Advocate appearing for the respondent No.1 submitted that the departmental proceeding of the Bank being held in violation of the provision of the Service Regulations of the S..Category: Administrative Law | Date: | Hits: 166
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......ministrative Appellate Tribunal held that the allegations brought against him the respondent accused were true but he cannot be deprived of the benefit of the procedural defect of the departmental proceeding brought against him as the provisions of Fundamental Rule 29 which as contemplated by Re..Category: Administrative Law | Date: | Hits: 175
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....uption and misappropriation of money proposing penalty of dismissal from service and he submitted reply to the same denying the allegations made against him and stating that he is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simpl......ision and there 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: 14 MLR (AD) (2009) 298. ......al case was lodged against him and an inquiry committee was also formed to inquire into the charges made against him. 3. But due to apprehension of his arrest he did not appear in the departmental proceeding and prayed for adjournment but refusing the prayer for adjournment the Enquiry Committee ..Category: Administrative Law | Date: | Hits: 189
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....ent dated February 18, 1997 passed in civil revision cases and the same was rejected on March 25, 1998 upon observing " Learned Advocate appearing for the applicant failed to satisfy us that there is any ground in terms of order 47 Rule 1 C.P.C to review our judgment and order. It is unfortunate tha......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: 62 DLR (AD) (2010) 255. ......atter as to which the prayer for direction has been sought and if there is any law the Court would certainly be required to act in accordance to the law touching the matter as to which a party in the proceeding has sought for direction from the Court. In the instant case the Court having had not don..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
.... decree was passed against him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held "we do not find any substance in this application at this stage challenging only vires of the law as he has right o......d the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held "we do not find any substance in this application at this stage challenging only vires of the law as he has right of appeal under section 41 of the said Act&......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 98
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....pondents to the effect “the respondents shall have the liberty to see the minors twice in a week at the residence of the petitioner or at a place to be agreed upon between the parties. If any dispute (seeing the minors) arises in this regard it will be taken care of by the Family Court......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court, Dhaka, the Writ Petition, having been filed on the self same issue being not maintainable and that facts brought on record being highly contentions and disputed which cannot be decided in a proceeding which is adjudicated upon affidavits and in a summary manner the High Court Division wa..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....hereof in the bank; that defendants had no control over the godown of the plaintiff and that the plaintiff seized the goods in the godown and sold the same elsewhere and the defendants did not find any fertilizer in the godown. It was also the contention of the defendants that they had no liabili......fertilizer with the money borrowed from the bank and that they failed to take delivery of pledged goods inspite of request and consequent thereupon quality of the goods deteriorated and that at one stage bank sold the goods and deposited the proceeds in the account of the defendants; that the de......act in accordance with judicial practice. The High Court Division discharged the Rule on the finding that the writ petitioner i.e. the defendant in the suit failed to produce any order staying the proceeding of the suit passed by the High Court Division in the writ petition filed by him. In that..Category: Civil Law | Date: | Hits: 91
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
..... 3. The police investigated the case and submitted charge sheet on 15.04.1990 against 40 accused-persons including the petitioner. 4. In the meantime, prosecution examined as many as 27 (twenty seven) witness including the investigating officer who deposed as P.W.26. ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......ed a Rule and stay of further proceeding of the above Sessions Case. 7. But subsequently, the High Court Division upon hearing the parties vacated the order of stay of the further proceeding of the corresponding Session Case No.6 of 1993 with direction to conclude the trial exp..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
.... case and as such it is clear that the alleged occurrence did not happen in the alleged manner and place and as such the proceeding of the instant case is liable to be quashed; that the absence of any incriminating material against the petitioner, the proceedings against the petitioner......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......er a child and she was brought to the petitioner's house by the informant and as such the instant case is not maintainable under Section 7 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and thus the proceeding of the instant case is liable to be quashed; that the informant is the cousin of the vic..Category: Criminal Law | Date: | Hits: 52
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