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Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ste here by mis conducting himself in the proceedings. 6. The learned Counsel further submits that the High Court Division was wrong in upholding the award in question on account of the claims under (i) Part-A (Tendered Items)(ii) Part-B (non-tendered but scheduled items), (iii) Part-......1994 of the Arbitrator Md. Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from......years of the unpaid amount of Tk. 6,82,40,216.13 Paisa is illegal. 11. It is submitted that section 29 of the Arbitration Act provided that where and in so far as an award is for payment of money the court may in the decree order interest from the date of the decree at such rate as the co..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....s 0.30 acres from plot No. 3474. The Additional Deputy Commissioner (1.A) by an order Dated 13.9.92 recommended for release of 14.42 acres in L.A. Case 13 of 1959-60. The writ petitioners also claimed to be in possession of the land sought to be released. 3. The respondent appellants......-13. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by ......own at Mirpur and for housing and settlement purposes. Awards were prepared in the name of the predecessors of the writ petitioners for all the plots in question and they received compensation money from the appellants without any objection. Possession of the requisitioned lands includ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....tion of the country the same was made over to the Bangladesh Muktijoddah Kalyan Trust, the appellant No.1 of Civil Appeal No. 47 of 1999 by an agreement dated 28.2.1978. Writ petitioner respondents claimed that the premises in which the said factory is situated was let out to the previous owners o......27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....ld that Rule 72 of B.S.R. Part I is applicable to those who were reinstated after success in an appeal or revision in a departmental proceeding. This Rule has no application to a case involving a claim of arrears of salary in consequence of a decree by a Civil Court. The appellate Tribunal a......egal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said cas......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......ial Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonment for o......ssed into the house of the informant and assaulted him and they also went to the shop of the informant and demanded Tk. 2000/- as till and threatened the informant to kill in case he died not pay the money and upon that allegation the Pallabi P.S. Case No. 6(5)/94 was started. 3. The police after..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....t in this case there is no allegation that the appellants took possession of the property in execution of any decree which was varied or altered by the High Court Division. In fact the plaintiffs' claim possession over the suit property as a tenant and they prayed for declaration that notices da......t fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declara&sh......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......d and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent is not the owner of the land. Therefore he asked the accused respondent to refund the entire money. Accordingly, on 25.3.1997 the accu......5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent i..Category: Criminal Law | Date: | Hits: 45
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....s favour and the said cheques being submitted in the account of the informant maintained with Pubali Bank, CDA Branch, Chittagong for encashment was dishonored and thereafter the informant, on claiming the amount of cheque from the petitioner, was harassed and humiliated. On the basis o...... Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 113 of 2006. (From the judgment and order dated 23.1.2006 passed by......y order dated 26.01.2006, summarily rejected the same. 3. The learned counsel for the petitioner submitted that complainant respondent no.2, filed the aforesaid case for realization of loan money as well as compensation in respect of which the Magistrate can not give any relief and dishon..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ...... Criminal Petition No. 499 of 2006) Md. B. Hossain, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, ......prisonment for 1 (one) year more. 2. The prosecution case, in brief, is that one Amir Ali Khan, son of P.W. 1, Abdul Barek Khan on 14-07-1984 at 10.00 a.m. went to Dhaka for withdrawal of money from the bank, but on the same day he did not return and subsequently, P.W. 1 along with his ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......dique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record -For the Respondent. Criminal Petition for Leave to Appeal No. 296 of 2005. (From the judgment and order dated 24.07.2005 passed b....../- and accused Zahirul Islam in doing Hundi of Tk. 60,000/- and accordingly they seized Tk. 6,20,000/- in all from the P.O. Office and arrested the accused who allegedly admitted that by depositing money on the basis of a slip, import things from India and during interrogation the accused per&sh..Category: Criminal Law | Date: | Hits: 37
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....ral areas of Palashbari Union Parishad under urban area is violative of section 3(2) of the Pourashava Ordinance 1977. The Government opposed the Rule by filing affidavit-in-opposition denying the claim of the writ petitioner. During hearing before the High Court Division the learned Attorney Ge......ndents Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- For Respondents. Civil Petition for Leave to Appeal No. 800 of 2005. (From the judgment and order dated 21.6.2005 passed by......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ..Category: Property Law | Date: | Hits: 21
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
.....A. Plot No. 244 in place of 1696. Taking advantage of the wrong entry in the S. A. Khatian, the defendant No.1 entered into the suit land by tampering the records and the defendant No.1 made false claim in respect of northern 2 acres of Plot No. 1696 showing its area as 2.08 acres of land. The ......espondents Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-an-Record- For the Petitioners. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1150 of 2005. (From the judgment and order dated 26.06.2005 passed ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....o.9 within Phulpur Pourashava and he is not inhabitant of No.6 Payari Union and the petitioner has been appointed in a newly created Union, in view of which, the writ-petitioner had neither a claim to perform his functions of registration of marriage in a newly created Union being an inhabi......6, 2007. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1188 of 2005. (From the judgment and order dated 07-12-2004 passed ......submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ..Category: Civil Law | Date: | Hits: 81
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....y;tion-sale of the land of the suit Khatian pursuant to the said decree and Karam Sheikh purchased the land of the suit Khatian in auction and dismissed the suit on the ground that the defendants' claim of title and possession in the suit land was not proved. The High Court Division also held th...... 2. The respondent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiff......ested the suit alleging that the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.192..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....; * * (2) * * * * (3) A father under Dayabhaga law, may by gift, dispose of the whole of his property, whether ancestral or self-acquired, subject to the claims of those who are entitled to be maintained by him. The reason is that according to t......l District Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed ap......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....o on 23.6.1985, at a consideration of Tk.15,000/-, along with other lands, also sold the suit land to the plaintiff by a registered kabala; the defendant No.1 in June 1985 for the first time, claimed the suit land on the basis of a managed ex parte judgment and decree dated 27.5.1985 passed......sp; Not represented- the Respondent. Civil Petition for Leave to Appeal No. 545 of 2006. (From the judgment and order dated 24.1. 2006 passed b......r infirmity 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: VI ADC (2009) 223. ..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......Abdul Plaque, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed b......r Rouf. The deed was created in favour of defendant No.1, wife of defendant No. 2. The plaintiff neither sold the property on 30.10.1997 nor did any other date and he not receive any consideration money for the property from defendant No.1 The deed is forged, without consideration, void and not ..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......No. 2-3 (In Civil Petition No. 732 of 2007) Civil Petition for Leave to Appeal Nos. 729-732 of 2007. (From the judgment dated 24.04.2006 passed by the......ase the same for the price of Tk.10, 000/- for which the plaintiff purchased necessary stamp from the Feni Treasury through a vendor on 12.12.1977. The seller defendants received the consideration money from the plaintiff on 01.10.1978, executed the kabala and delivered possession of the land in..Category: Property Law | Date: | Hits: 23
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....concern I.C. being No. 99003/TST/S dated 1.6.1999 and KW 230052 dated 4.6.1999 together with the reply to the show cause notice dated 28.6.2001. But the customs authority rejected the respondents' claim of export and issued the impugned demand notice dated 29.8.2005. The respondent then filed th......or the Petitioners. Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.791 of 2006. (From the judgment and order dated 25.5.2006 passed by ......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....esented opposite party No.2 on the strength of a power of attorney in his favour; they filed written objection denying the allegations of preemptor petitioner and asserted that the pre-emptor claims for pre-emption is without any cause of action and barred by limitation; their specific case......h the cases). Mohammad Ali, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1055 and 1056 of 2006. (From the judgment and order dated 2......ed sale on 10.03.1980 and thereafter obtained certified copies of the kabalas and filed the pre-emption cases after making deposit of the value of the case land together with 10% compensation money. 5. The pre-emptee petitioners entered appearance wherein opposite party No.1 also rep..Category: Property Law | Date: | Hits: 25
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