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Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....dependently and not upon the weakness of the defendants. 13. We have considered the submissions made by the learned Advocate and perused materials on record. 14. The basis of the claim of the defendant petitioners is the story of surrender purported to have been made by Ali Ma......vocate-on- Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....r Ali, Padma Bibi and Dhalu Bibi as well as proforma defendant No.4, their cousin, became owners of the suit land but Padma Bibi and Dhalu Bibi, being poor, the proforma defendant No.4 did not claim any portion in the suit land and lived elsewhere, Padma Bibi and Dhalu Bibi being pardanashi......l 2, 2006. Lawyers Involved: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 p......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)
.... report of the special committee regarding examination of the process of production by using G.P. sheet and Zinc ingot in the appellant's factory. 12. Therefore, we are of the view that the claim of the respondents for payment of VAT of Tk.2,16,05,049.00/-was not based on a hypothetical c......o.281 of 1998 discharging the Rule Nisi. 2. Short facts are that the appellant-company is a manufacturer of GP sheets and CGI sheets. Zinc Ingot and BP sheets are used as raw materials for production of the same and the appellant-company imports the raw materials from abroad. The app...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....use in a portion and the rest by cultivating and planting fruit bearing trees, that at the time of S.A. survey land was correctly recorded in the name of Abbas Ali but Forest Department having had claimed the land taken settlement by Abbas Ali, he filed Title Suit No.150 of 1976 In the 1st Court......nts Judgment April 16, 2007. Lawyers Involved: S.R. Khoshnabish, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 1548 of 2003. (From the Judgment and Order dated June 24, 2003 passe......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..Category: Property Law | Date: | Hits: 19
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......yed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Abu Siddique, Advocate-on-Record-For Respondent No. 1. Not represented -Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 438 of 2007. (From the judgment and order dated 25.3.2007 passed by ......, 352 and 353 of Mouza Kampur for a period of 5 years and in terms of the above agreement plaintiff has been paying rent to the company by taking receipts and the plaintiff also invested huge money for constructing sluice gate and other structures and that being influenced by other dir..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....was no mention about imposition of penalty, that the writ petitioner submitted reply to the show cause notice denying the allegations brought against him, that the petitioner asserted that the claim of the authority is barred by limitation as the demand was made on January 7, 1996 for the du......enior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-record-For the Respondent No. 2. Md. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No. 1. Civil Petition for Leave to Appeal No. 576 of 2005 (From the Judgment and Order dated January 13, 2004 pass......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......Md. Zahangir, Advocate-on-Record-For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 3 Not represented-For Respondent Nos. 1-2 and 4. Civil Petition for Leave to Appeal No. 1542 of 2007. (From the judgment and order dated.5.9.2007 passed by...... the same. 2. The short fact leading to the filing of the leave petition is that the petitioner took loan from respondent No.3, Pubali Bank Limited and since he failed to repay the said loan money the respondent No. 3 filed Artha Rin Suit No. 18 of 2004 in the Artha Rin Adalat No.3, Dhaka ..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....intiff, the said mutation proceeding was dropped. Thereafter the said elder brother instigated and set up other persons to file a petition before the A.D. C. (Rev), Rajshahi on 18.07.1985 on false claim to appoint a Shebait of the 'A' schedule land treating the same to be public debuttar propert......d: Harendra Nath Nondy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1176 of 2005. (From the judgment and order dated 11.05.2004 passed......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ..Category: Property Law | Date: | Hits: 96
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....tion (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in the Government as such. In the instant case since the writ petitioner claimed that the property is not abandoned property and did not vest in the Government it was squa......the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance a......r a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informe..Category: Civil Law | Date: | Hits: 119
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....ssette, recorder as dowry and when the complainant expressed her inability to give those articles she was sent to her father's house. When the complainant informed her mother about the claim of dowry by the accused-petitioner her mother along with other witnesses went to the house of...... Judgment September 16, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by......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: 13 MLR (AD) (2008) 278. ..Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....oner or the company is not at all liable. 3. The Respondent Bank filed Artha Rin Suit No. 33 of 1999 in the Court of Sub-judge and Artha Rin Adalat No. 2, Nilphamari for realization of their claim amount under the provisions of Artha Rin Adalat Ain, 1990 and has been tried by the same Cour......Vs. Jahanara Akter and others, 49 DLR (AD) 80. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1614 of 2004. (From the judgment and order dated 25th October, 2004......is situation, in spite of repeated requests from the company, the respondent Agrani Bank without taking any step of aiding the commercial production of the said industry started demanding the loan-money basing upon the illegal compound interest, for which this petitioner or the company is not at..Category: Civil Law | Date: | Hits: 89
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....g pendency of the Suit; that the High Court Division committed error of law occasioning failure of justice in not considering the fact that the appellate Court below utterly failed to notice that the claim of the defendant Madrassa is that the plaintiff along with his uncle Sirajuddin executed a dee......nt Judgment May 20, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed ......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....Order 21 and Rule 90 of the Code of Civil Procedure alleging material irregularity and fraud in conducting and publishing the sale proclamation and fraud in conducting the same. The judgment-debtor claimed that no notice under Section 33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. S......tioner. Zainul Abedin, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent No. 1. None represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 478 of 2007. (From the judgment and order dated the 14th February, 2......disposal of the appeal under Section 41 of the Artha Rin Adalat Ain, 2003. Section 41 provides that an aggrieved party by an order of the Adalat may prefer an appeal depositing requisite amount of money before filing appeal based on the amount of the decree which must mean that the order or the ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......neral instructed by B Hossain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 04 of 2007. (From the judgment and order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No. 12 of 2003). Judgment Md. Abdul Matin J. - Complainant petitioner Niza......sented the cheques on 10-2-2001 but the cheques being bounced he again presented the cheques on 25-2-2001 but still the cheques were returned unpaid on 26-2-2001 and then the complainant demanded the money sending a notice dated 10-3-2001 giving the accused 15 days' time to make the payment but stil..Category: Criminal Law | Date: | Hits: 67
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ...... User Agreement with the Respondents and having full knowledge of the ownership of trademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under se......aused an embarrassing and alarming situation for the respondent as the continuation of the present position might lead to the closure of the business for which they have invested huge sums of money. The public interest thus suffers in the hands of the unscrupulous traders. The respondent no..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....itions stating, inter alia, that the notification dated 17-11-1999 was published in Bangladesh Gazette on November 22, 1999 as evidenced in Annexure-B to the writ petition. But the writ respondents claim to have amended the said notification (প্রজ্ঞাপন) by notification dated 13 O...... 2008. BADC Service Regulations, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
....ion and argue the case but he prayed for time raising the ground of the death of the sole conducting lawyer and as such the Rule was rightly dismissed. The learned counsel further submits that the claim of the petitioners that they were not aware about the death of their sole Advocate it also va......t the judgment and order dated 2-11-2000 of a Single Bench of the High Court Division passed in Civil Revision No. 10067 of 1991 rejecting the application filed by the plaintiff/appellants praying for restoration of the Civil Revision No. 10067 of 1991 to its file and number. 2. The plai...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....vernment. The Forest Department took over the possession of the suit land from 1953 and since then the government had been possessing the same. The plaintiffs or the original owners cannot legally claim any title or possession in the suit land. The plaintiffs are unauthorized occupants......y the High Court Division in Civil Revision No. 2444 of 1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single j......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
.... Rice Mill for about 10/15 days till shifting the same to his own place and in spite of the said commitment, the cunning plaintiffs procured the paid up electric bills from aforesaid Masuk Mia and claimed himself to be a monthly tenant under defendant Nos. 14 and 16 and thereupon filed Title Sui...... the High Court Division in Civil Revision No. 2136 of 1997 discharging the rule. 2. The plaintiff respondent instituted Title Suit No. 35 of 1993 renumbered as Title Suit No. 40 of 1985 before the learned Assistant Judge, Biswanath in the District of Sylhet who decreed the suit. The def......the suit property; that while defendant Nos. 1-5 were in ejmali possession by constructing a shop house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registe..Category: Property Law | Date: | Hits: 26
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......adrasa. Accused Salim and Illias received a sum of Tk.2100/- from him on the assurance of getting him passed in the Dakhil Examination. But they could not get him passed in the said examination. Therefore, Majibur Rahman demanded back the money from them. Over the same matter relation between them b......ed a sum of Tk.2100/- from him on the assurance of getting him passed in the Dakhil Examination. But they could not get him passed in the said examination. Therefore, Majibur Rahman demanded back the money from them. Over the same matter relation between them became strained and inspite of a salish ..Category: Criminal Law | Date: | Hits: 26
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