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Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....ccordingly the rent was sent though postal money order, which returned unpaid with endorsement that the addressee found absent. The landlord entered appearance and filed written objection denying the claim of the tenants and alleging that they have been sued for eviction and that the tenants did not......e-on-Record-For the Petitioners (In both the cases) Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by ......nd that after his death the petitioner became the tenants by way of inheritance and that the rent offered for the month of Poush 1388 B. S. was refused and accordingly the rent was sent though postal money order, which returned unpaid with endorsement that the addressee found absent. The landlord en..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......t April 12, 2009. Lawyers Involved: M. A. Sobhan, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1529 of 2008. (From the judgment and order dated 17.04.2007 passed by the ......in the auction sale. In the instant case, it is not such case rather it appears that at the instance of the decree holder bank auction was held and ultimately the decree holder bank has withdrawn the money deposited by the auction purchasers. After the auction process is completed, proceeding wi..Category: Banking Law | Date: | Hits: 373
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
.... also ignoring the merit of the case arrived at a wrong finding which require reconsideration; that the Court of Appeal's finding was that 'the opposite party' namely Malek himself as P.W.1 did not claim any exclusive possession in his deposition but stated that he built a homestead wherein ......yers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June,......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....se any land already requisitioned and the Deputy Commissioner was directed not to accept any return of money from the awardees. It was also the case of the RAJUK that possession of the land as now claimed by the writ-petitioners was taken over on payment of substantial portion of the compensatio......inst the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajd......t, 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 paid but later on Government decided to de-requisition their land along with the land of ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....t in Admiralty Suit No.278 of 2005 had addressed some issues, it is the view of the High Court Division that issues in the facts and circumstances of the matter at hand substantiate the defendants' claim as to the error evident in the order of arrest dated 10-7-2007. It further appears that unde......r. M Zahir, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of Augu...... 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
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....i Bank, the L/C confirming Bank, did not get money from the L/C opening Bank as they refused to pay the money for the exported goods to the plaintiff and deprived the plaintiff from his legitimate claim and the plaintiff was deprived of US$ 5, 24,441. For non-payment of the said money the plaint......ate-on-Record—For the Respondent Nos. 2 and 3. (In Civil Petition No. 623 of 2008). Not represented—Respondent Nos. 4-7 (In Civil Petition No. 623 of 2008). Civil Petition for Leave to Appeal Nos. 640 and 623 of 2008. (From the judgment and decree dated the 5th d...... being Nos. 900289, 900290, 900291, 900302 and 900304, the defendant delivered the cargo without endorsement on original L/C. So, defendant No. 7, Agrani Bank, the L/C confirming Bank, did not get money from the L/C opening Bank as they refused to pay the money for the exported goods to the plai..Category: Business or Commercial Law | Date: | Hits: 178
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......ord-For the Petitioner. T. H. Khan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 473 of 2007. (From the judgment and order dated the 28th day of May,......F. I. R. that accused No.1 also took away other articles in 4/5 suitcase from her room and also taken Toyota Land Cruiser Grand Prand Prado Zeep purchased in the name of accused No.1 with the money of Shovan Grovan Group of Company, worth of TK. 41,00,000.00. It has been alleged that accuse..Category: Criminal Law | Date: | Hits: 57
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. ......6 dismissing the appeal. 2. The prosecution case, in short, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of t......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 spending the money for the development of the Pourashava he misappropriated the amount. On the aforesa..Category: Criminal Law | Date: | Hits: 43
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
.... the High Court Division erred in not considering that the pre-emption case is bad for defect of parties. He further submits that from the evidence on record the learned trial court found that the claim of the pre-emptor is barred by waiver and acquiescence but the High court Division com&s...... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Md. Abu Siddique, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 631 of 2007. (From the judgment and order dated 04.04.2005 passed by......rrived 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) 597. ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......etitioner. Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by......greement for sale. Subsequently Ismail Miah and Abdul Ahad having failed to execute and got registered the required sale deed inspite of repeated request on receipt of the entire consideration money, that the aforesaid Abdul Mannan having learnt that the predecessor of the present petit..Category: Property Law | Date: | Hits: 25
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....ourt Division discharged the Rule holding that the whole grievance of the petitioner as to the first part of the Rule is that it having already paid turn over tax as fixed by the VAT authority, the claim if unpaid Government dues on the ground of evasion of the payment of VAT is absolute......ed: Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....o. 1 for a visit and plaintiff No.1 demanded maintenance for her daughter at a rate of TK. 1,000.00 per month and TK.2, 000.00 per month for herself from the defendant. The plaintiff No.1 also claimed unpaid dower of TK.30, 000.00 from the defendant. Defendant refused to pay the dower and ma......ents Judgment January 19, 2009. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1629 of 2007. (From the judgment and order dated the 5th day of Feb......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. ..Category: Family Law | Date: | Hits: 280
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... the opposite parties in the revisional application have no possession in the ground floor as the opposite parties to the revisional application failed to show a single scrap of paper regarding their claim. The High Court Division further held that under order XXIII Rule 1(2) of the Code of Civil Pr...... December 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 pas...... that the High 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) 569...Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....when and the main issue in the above suit is whether the petitioner will get Tk.1,11, 2626/- from the respondent No. 4 and further the respondent No. 2 will get decree only to the extent of claim as they may prove and accordingly in the above suit there is no scope to decide the claim of ......wyers Involved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No.1414 of 2007. (From the judgment and order dated 27.08.2007 passed b...... party in the subsequent suit filed by the respondent No. 2, is not tenable in the eye of law as in the subsequent suit the only issue for adjudication is whether the respondent No. 4 owes any money to the respondent No. 2 and to adjudicate this issue the presence of the petitioner is not n..Category: Civil Law | Date: | Hits: 102
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....ssary party whose presence before the Court is not necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the question in the suit and the petitioner is claiming specific performance for 0.18 acres of land whereas the applicants are claiming 22&fr......podents Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of Augus......market price of TK. 4,00,000.00 and that accordingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sale on 03.07.1998 on receipt of TK.2,00,000.00 as earnests money and that possession of land was handed over to the plaintiff-petitioners on the same day wher..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....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.......ads and Highways, 8 BLT (AD) 120. Lawyers Involved: Abdul Jabber Advocate instructed by Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for leave to Appeal No.1087-90 of 2007. From The judgment and order dated 26.04.2007 passed by th......arge sheets under sections 409/ 467/ 468/ 471/472 /190 of the Penal Code read with section 5(2) of Act II of 1947 and since criminal cases were pending against the petitioners for misappropriation of money through the forged bills, they were placed under suspension by various staff orders in accorda..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ithout serving any notice upon the petitioner, the above house was illegally enlisted in Ka List. The Government did not file any written objection before the Court of Settlement controverting the claim of the petitioner. 3. The Court of Settlement, after hearing, dismissing the case......ed: A. K. M. Mesbahuddin, Senior Advocate with Mohsen Rashid, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by......Khan Qamar who purchased the said property from Messrs Eastern Housing Limited by a registered deed of sale dated 25.08.1966, and in term of the above agreement she paid the full consideration money of TK.5,000.00 which the vendor received but the consideration money was subsequently re-fixe..Category: Property Law | Date: | Hits: 26
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....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. ......ted by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Md. Ferozur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1796 of 2008. (From the judgment and order dated of 17.06.2008 passe...... satisfactory service rendered and he was also awarded monitory benefit while he was serving in Dighinala Branch at Khagrachori and that he was charge sheeted for misappropriation of money on the basis of preliminary inquiry and accordingly he was asked to show cause under Regulati..Category: Administrative Law | Date: | Hits: 166
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......3 accepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result the relationship between them became strained and on the night following......cepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result the relationship between them became strained and on the night following 1.12..Category: Criminal Law | Date: | Hits: 50
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....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. ......bdur Rahman Molla and others 27 DLR 428. Lawyers Involved: Md. Taherul Islam, Advoate-on-Record-For the Petitioners. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1658 of 2007. (From the judgment and order dated 13.9.2007 passed by the A...... against him under section 37(Ka), (Kha), (Ghha), (Ya) and (Cha) of Bangladesh Krishi Bank Karmachari Chakuri Probidhanamala, 1988 for gross negligence, misconduct, corruption and misappropriation of money proposing penalty of dismissal from service and he submitted reply to the same denying the all..Category: Administrative Law | Date: | Hits: 189
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