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Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......ng was restored. The respondent No. 1 then moved the High Court Division and after hearing the High Court Division made the Rule absolute and restored the order passed by the Board of Revenue holding that the order dated 7.7.1987 passed by the Government confiscating the vessel imposin..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......s.2,4,4(a) and 13 of the above suit; the above vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, decreed the suit on 18.4.1978 holding that the above Sale Deed No: 4979 is illegal and void; the above defendants then preferred ..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ...... the knowledge of the preemptor, the pre-emptees erected houses in the suit land and got the sale deed executed and registered on 20-11-1998 and owning and possessing the same opening separate holding for the same. The preemptees have spent Tk.2, 50,000/- for development of the suit land. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......ishoreganj. The Appeal on transfer was heard by the learned Additional District Judge, 2nd Court, Kishoreganj and in the appeal the appellate court by a suo-motu order dated 23.04.2002 directed for holding local investigation and further directed the plaintiff to pay a sum of Tk.1,000/- as commis..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....l on the ground of limitation. 12. Facts as stated hereinbefore relating to obtaining the certified copy for filing the appeal before the Administrative Appellate Tribunal had not been disputed by the learned Deputy Attorney General. 13. The facts as have been reflected in th......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......rned advocate of the petitioner who appeared with leave and perused the impugned judgment and order and other connected papers. 4. As it appears the High Court Division dismissed the appeal holding that in their written statements the petitioners did not deny the receipt of part considera..Category: Property Law | Date: | Hits: 26
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ...... error of law, in failing to consider that while taking cognizance the learned Tribunal exercised the jurisdiction given in second proviso to Section 27(1) of the Ain most arbitrarily without holding any inquiry and that the second proviso having provided no guideline or procedure to be fol..Category: Criminal Law | Date: | Hits: 41
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....Court which awaiting for disposal. So, the proceeding drawn under section 145 of the Code of Criminal Procedure and the very appointment of receiver restraining both the parties from entering into disputed land is out and out illegal. 3. However ultimately the learned Magistrate, 1st Cla......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
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
....'s representative and the respondent being satisfied with the actual production of the appellant, the demand was made. He further submitted that the contention of the appellant is a disputed question of fact and hence the High Court Division rightly refused to decide the same in w......on by the appellant as per Rule 3 of the VAT Rules,1991 and the conditions attached to the declarations in MUSAK-I submitted by the appellant. 5. The High Court Division discharged the Rule holding that no question of law is involved in the writ petition. The contention is purely a q..Category: Fiscal/Taxation Law | Date: | Hits: 83
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....aman for respondent Nos. 5 and 7 and perused the judgment of the High Court Division and other connected papers. 7. The learned Counsel for the petitioners submits that it is not disputed that Meghna PET Industries Ltd. was financed by Dutch Bangla Bank Limited and Saudi Bangla......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..Category: Banking Law | Date: | Hits: 103
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord 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: 13 MLR (AD) (2008) 359. ......hman, the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court decreed the suit holding that in a suit for permanent injunction the question of title of the parties to the suit la..Category: Property Law | Date: | Hits: 30
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. ...... bank. The said application was registered as Miscellaneous Case No. 22 of 2007. By the impugned order No. 23 dated 19.8.2007 the learned Judge of the Artha Rin Adalat rejected the said application holding that since the mortgaged property was auction sold by the bank and since the execution case..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....solute. 7. We have heard Mr. Harendra Nath Nondi, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiff embraced Islam and his mother also embraced Islam. It is in evidence th......dopted the Islamic name of Abdur Razzaque, remained in possession of the suit plot in their specific portion. The plaintiff has been paying Municipal taxes separately for his portion as a separate holding. The plaintiff's elder brother Abdur Razzaque the defendant No.5 renounced Islam in 1982 an..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....1-2 and Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the respondent No. 4 and perused the judgment of the High Court Division and Other connected papers on record. 5. It is not disputed that the property in question was originally allotted to one Md. Muslim who constructed a ......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
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....for the petitioner and Mr. Nurul Islam Bhuiyan, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor is co-sharer by inheritance and the pre-emption case is within time a......emptee contested by filing written objection denying the material allegations made in the miscellaneous application and further contended that the pre-emptee is a co-sharer by purchase in the case holding. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....as not applied his judicial mind that the Trial Court decreed partition suit in par and the lower appellate Court being the final Court also decreed the suit in part it respect of 3.60 acre of the disputed land in favour of the plaintiff-appellants but the High Court Division was pleased to go b...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....learned Lower Appellate Court as a final Court of fact having considered the exhibits No. 1 to 1(jha) and in an application for pre-emption the petitioner is required to file certified copy of the disputed kabala along with the application in the trial Court but the applicant failed, to do so an...... 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 and have become co-sharer by purchase. Further case o..Category: Property Law | Date: | Hits: 33
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....arned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that in this case marriage was not disputed. The divorce was registered on 20.01.1996 and a copy of the notice seeking divorce was sen......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
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......the petitioner herein, by filing a written statement supported the respondent Nos. 2-5. 5. The trial court, after hearing, dismissed the suit holding that the respondent No.1, having committed breach of the terms and conditions of the lease ..Category: Property Law | Date: | Hits: 27
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