Search Options
Judgment Advanced Search
Displaying 2881-2900 of 3784 results.
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....nd 420 of the Penal Code are not attracted in respect of the transaction in the course of which the amount claimed by the respondent No. 2 has fallen due since there was no entrustment of any property and there was no initial deception to deceive the respondent No. 2. It was also the co......so registered is an abuse of process of the Court. 4. As against the aforesaid contention of the accused-appellant it was contended by the respondent No.2 that although at the initial stage the amount claimed became due in the course of ordinary business transaction but that situat......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....iew of the High Court Division on proper consideration of the materials on record arrived at a correct decision 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:......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) 153. ......, which arose out of the judgment and order dated 24.9.2007of the learned Joint District Judge, First Court, Dhaka passed Miscellaneous Case No. 28 of 2005 rejecting the prayer for staying further proceedings of Title Execution Case No. 5 of 1993 pending in the same Court. 2. Maksudun Nab..Category: Property Law | Date: | Hits: 18
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......defendant No.1 mutated his name vide Misc. Case No.1338/1982-83 and since then the defendant No.1 has been possession the suit land and Girish Chandra Datta had no right, title and when certificate proceeding was started the father of plaintiff No.1 sold his 1 anna share measuring an area of .08 ..Category: Property Law | Date: | Hits: 26
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....not take step in the appeal. 3. The said appeal was fixed for hearing on 05.02.1996 when the plaintiff appellant could not appear in court. Consequently the appellants advocate did not take any step in the appeal. As result, the appeal was dismissed on 05.02.1996. 4. Thereafter the......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......rty. The said suit was dismissed on 31.07.1993 on contest against which the plaintiff as appellant, preferred Title Appeal No.136 of 1996 in the court of the learned District Judge, Gazipur. While proceeding with the appeal diligently, the appellant fell ill and had been suffering from illness f..Category: Civil Law | Date: | Hits: 85
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... Administrative Officer on June 30,1979 and he was promoted to the post of Deputy General Manager by the office order dated April 27, 95 and was transferred on April 15, 2000 to Tabani Beverage Company, an industrial unit of the Trust, and there he was holding current charge of the office of Gene......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ttee was not constituted but an inquiry officer was appointed. The appointment of an inquiry officer in the present case is breach of Rule 27(2) and is therefore illegal. Consequently, the inquiry proceeding leading to the submission of the inquiry report in this case is not sustainable in law a..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ed in the service of the then United Bank (later on Janata Bank) on February 16, 1966, that he was serving as Senior Officer of the Janata Bank at K.D. Ghosh Road Branch, Khulna and a departmental proceeding was drawn against him by framing charge and he was served with a show cause notice and i..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....tioner and same was sent to the petitioner. The petitioner filed an application to the authorized officer on 17.08.2004 praying for time for this appearance due to his sickness. But without paying,any heed to his prayer for time the special meeting was held on 19.08.2004 and resolution was sent ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......the petitioner. It was further contended that notice of the special meeting served upon the petitioner in accordance with law, the petitioner willfully did not attend in the special meeting and the proceeding of the special meeting was done in accordance with law. It is further contended that 10..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited a......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......thority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may seem fit and proper. The High Court Division was also pleased to stay further proceedings of Mortgage Suit No.33 of 1991 pending before the Artha Rin Adalat, Chittagong. ..Category: Property Law | Date: | Hits: 37
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. 9. The learned Advocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. ......itioner could not show whether in the written statement they took the plea of defect of party. The High Court Division further held that the plea of defect of party is to be raised at the earliest stage of the suit. Otherwise such plea should be deemed to have been waived. Accordingly, the High ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..Category: Property Law | Date: | Hits: 21
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....r which the teachers, guardians and the well wishers of the Madrasha brought complaints against him and the matter was inquired. The writ petitioner gave written commitment stating he would not do any conspiracy against the interest of the Madrasha and he would be respectful to the order of the ......o.5 issued a letter dated 30.09.2002 requesting No. 8 not to reinstate the writ petitioner and not to pay the arrear salary till further decision of the Bangladesh Madrasha Education Board. At that stage the writ petitioner being compelled by the said extraneous circumstances filed the writ petit......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
..... 5. The High Court Division while discharging the Rule held that the application for amendment of the plaint was filed stating that they were dispossessed sometime in the year 1987. Neither any specific date nor months has been mentioned, nor any specific description of the incident of t......ither any specific date nor months has been mentioned, nor any specific description of the incident of the alleged dispossession was given. The application for amendment was filed at the appellate stage on 04.11.1999 and as a result the same was barred by limitation. The application for amendmen......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....e accused-petitioner and others under Sections 302/149 of the Penal Code and read it over to them on dock to which they pleaded not guilty and demanded trial. 6. The prosecution examined as many as 12 Pws. all of whom were cross-examined by the defence. 7. After close of the prosecu......fadar, mother Jobeda Khatun, wife Manwara Begum from their house rushed to the place of occurrence 300 yards away, when appellant-respondent Abul Kashem ordered to finish the deceased. At this stage, the appellant-respondent Abdur Rab gave several dao blows on his (deceased) head. Consequent......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......lainant) is that he filed a petition of complaint under Section 145 of the Code of Criminal Procedure before the Magistrate, 1st Class, Tangail against the petitioners herein for drawing up a proceeding against the petitioners from entering into dispossessing the respondent-informant from 6..Category: Civil Law | Date: | Hits: 92
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....ecuted on 05.11.1994. It was also stated by him that the petitioner's wife, as per clause 6 of the prospective of defence officer’s housing project, was not entitled to apply for joint allotment of any plot as she had not completed 18 years commission service in the Army and she was also owner o......how any of his unwillingness or lack of consent at any time of the transaction. The writ respondent as well participated in the transaction by contributing sufficient fund at her disposal even at the stage of construction of the building as has been detailed in her affidavit-in-opposition. Acco......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....ry of Land much after the decision was taken by the Divisional Commissioner for acquisition of the case land. Moreover the writ petitioners could not establish the allegation about the existence of any land of the writ-respondent No.5 in or about the vicinity of the acquired land by producing an......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......t Petition Nos.5392 of 1996 and 576 of 1998 making both the rules absolute. 2. The respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of prop..Category: Property Law | Date: | Hits: 42
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
.... Md. Khalilur Rahman fraudulently mortgaged the said property by way of security against the loan obtained by him from Janata Bank, Narayangonj by forging the signature of other co-sharers without any knowledge of the said respondent Nos. 1-3 or their predecessors. The said Bank filed Artha Rin ......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......the said Ain but the same was rejected on the ground that section 47 was not applicable in the execution case. The said respondents then challenged the said auction notice as well as the execution proceeding by filing the said writ petition. A Division Bench of the High Court Division by the imp..Category: Property Law | Date: | Hits: 19
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... 3, 4,5, 6, 7 and 10 in so far as the involvement of the petitioner and they, notwithstanding their interestedness, are natural and competent witnesses and the defence has failed to bring out any material contradictions from them during their cross-examinations and they remained u...... Nuruddin, he started scolding the informant for not compromising the dispute between him and the informant over a ditch and at this Bhola and Muktadir told Nuruddin not to scold whereupon, at one stage, Nuruddin went inside his house and after a while he, along with Shabul Miah, the petitioner,...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ..Category: Criminal Law | Date: | Hits: 39
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....te consideration money on 15.12.1960 and as there existed friendly relationship between the plaintiff and Haji Abdur Raquib, no kabala was executed or registered but subsequently in order to avoid any future complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale ......shy;cation of the land. That the application filed by the petitioner under Order 41 Rule 27 of the Code of Civil Procedure for admitting additional evidence on record cannot be entertained at this stage as it was not a case of the petitioner before the trial Court or the appellate Court and...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ..Category: Property Law | Date: | Hits: 29
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....ined at import stage under Section 25 of the Customs Act plus VAT and other charges paid and Section 6 of the VAT Act provides that the VAT will be realized under the provision of the Customs Act and any rule framed thereunder as if it is a duty under the Customs Act. 5. The High Court Divisio......n. The position of becomes clear from the provision of Sections 5 and 6 of the VAT Act. Section 5 provides that the base value for charging VAT will be the value which has been determined at import stage under Section 25 of the Customs Act plus VAT and other charges paid and Section 6 of the VAT A......e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....raph No. 15(C). It appears that although the High Court Division accepted the proposition of law laid down for the purpose of amendment that the amendment of the pleadings can be made at any stage of the proceeding but upon finding that according to the facts of the instant case the s...... No. 15(C). It appears that although the High Court Division accepted the proposition of law laid down for the purpose of amendment that the amendment of the pleadings can be made at any stage of the proceeding but upon finding that according to the facts of the instant case the state......C). It appears that although the High Court Division accepted the proposition of law laid down for the purpose of amendment that the amendment of the pleadings can be made at any stage of the proceeding but upon finding that according to the facts of the instant case the statements made in ..Category: Procedural Law | Date: | Hits: 173
29682967295529502948294729462945294229382937293329322923292129182910290728972896