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Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....Note and other documents jointly securing the liability to the Bank. He also did not deny that on his request the LG was opened, goods were released on payment of duties and some machines were handed over to him against trust receipts. 9. The Artha Rin Adalat decreed the suit only ag...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....valuation has not been shown, the Court may evaluate its price on the basis of report of the local Sub-Registrar and pass; decree-deducting such an amount as claimed in the suit but in the suit in hand the provisions of sub-section (6) of section 12 of Ain 2003 are not applicable as the instant ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......proceedings unless there is contrary provision. Procedure for filing revisional application will require the petitioner to state the value of the suit from which it arises and in this case the note of Chapter II of Part I of the High Court Rules was considered in the judgment. The note..Category: Civil Law | Date: | Hits: 77
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....very of arms in question as well as the place of occurrence have not been proved in as much as had been disproved. He lastly submits that the sentence so passed against the petitioner is too harsh hand accordingly he contends that the impugned order deserves scrutiny by this Court. ......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
...."The dakhilas Ext. 1 series found to have been made old by artificial means and the close scrutiny of the same clearly indicates that the same were written in one sitting by an in-experienced hand .........The Ext.1 series in no way inspire confidence about its age as shown thereto&qu......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..Category: Property Law | Date: | Hits: 24
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....ition No.3419 of 2001 was filed by one Iqbal Anwar impugning the letter dated July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan A...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ushan Debnath. The plaintiffs' case is that he got the suit land by purchase from Haribhushan Debnath by three registered kabalas dated 06.04.1974 and 11.04.1974. The defendants' case, on the other hand, is that they got the suit land by purchase from the same Haribhusan Debnath by kabala dated ......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ...... 10.4.1995 asked his office to examine the relevant papers in connection with the said land and then put up the same and then Mr. Ashrafuddin, the then Joint Secretary of the Ministry of Works in his note dated 27.4.1995 pointed out that the above .84 acres of land of C.S. Plot No. 97 was acquired f..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....ndent No.1 for sale of the building at a total consideration of Tk. 9,750/- out of which the respondent No.1 paid to Md. Shafi a sum of Tk. 7,000/- as earnest money and on the same very day Md. Shafi handed over possession of the said building to him; Md. Shafi did not comply with his part of the co......ved in the office-file of the Deputy Commissioner of Housing and Settlement Department and the photostat copies filed by the respondent No. 1 contained the words "O/C" and "Duplicate" and further the note dated 27.09.83 at para-4 of the page-2 of the file of the above building supports this and the ..Category: Property Law | Date: | Hits: 28
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... play in the matter of transfer of the case." 4. The appellant thereafter obtained the leave to consider the submission of the learned Counsel for the appellant that: "Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing on behalf of the petitioner submits that this...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....t acquire any right title and interest therein; 1.54 acre of viti land of the above mentioned Plot No. 24 originally belonged to Ramlochan Randa, the C.S. recorded tenant, and during S. A. Operation Chandra. Sarker and his wife Mrinalini Sarker and since they left for India long before 1965 without ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
.... members of the crew are illegal and without lawful authority. 2. The respondent No.1 filed the above writ petition stating, inter alia, that M.V. HOENG LEE, a sea going vessel, carried merchandise from Singapore to Chittagong on several occasions and in its voyage from Singapore to Chitt......300' ctns whisky in Container No. FLXU 5000153 and 90 ctns garment and shees in Container No. FLUX 5000662. We have no reason to think that the High Commission for Bangladesh in Singapore sent this note to the Ministry of Foreign Affairs without asserting with extreme certainty that the four con..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
.................Petitioners Vs. Md. Nurul Huque and others………….......Respondents Judgment July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
.... disputed land is out and out illegal. 3. However ultimately the learned Magistrate, 1st Class has realized this factual aspect and dropped the proceeding on 3.5.1995 asking the receiver to hand over the property in favour of the opposite party along with the sale proceed so far collected......hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ..Category: Property Law | Date: | Hits: 21
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
.... and also permanent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the plaintiffs who was raiyat under Khirode Chandra Roy, the superior landlord; Monsur Ali while owning and possessing the suit land got his dau......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. ..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. ......n normal course conducted a special audit for the period from July 1991 to December 1993 and a report was submitted recommending realization of Tk. 39,96,916.68/- from the appellant by demand note and adjustment on the basis of calculation as shown in the report. The appellant made the paym..Category: Fiscal/Taxation Law | Date: | Hits: 83
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....against the judgment and order dated 27.04.2006 passed by the High Court Division in Writ Petition No. 8891 of 2005 making the Rule absolute releasing the house bearing Holding No. 6 and 6A, Anada Chandra Roy Road on S.A. Plot No. 2858 of mouza Dhaka, present mouza namely Lalbagh, 12177, 12178 and......), Dhaka for taking lease of the case property, consequently, writ-respondent No.3, ADC (Rev), started V.P. Case No.6 of 1983 and sent it to the Ministry of Land for its approval. It is remarkable to note that the case property was neither listed in the vested property published by the Government no..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
.... the Court of Settlement and deposed as a witness and denied the agreement for sale with the writ petitioner. 9. Thus it is clear that the writ petitioner went before the Court with unclean hands and committed gigantic fraud upon the Court. From Annexure-'B1’ to the writ petition (......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....ecame sick for various reasons such as shortage of raw materials and disturbance of supply of electricity which became main obstructacle for commercial production on the said industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest altho...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ces under the Ordinance has not been subjected to the initiation of the proceedings under sections 83, 93 and 128 of the Ordinance after reopening the closed assessment. 16. On the other hand, the contention raised by the learned Attorney-General that the writ petition filed by the re......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
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