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Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....yed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilitation by an Indenture of Agreement concluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agr......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... time gifted 7 kathas of land by Heba-bil-Ewaz being deed No.37889 dated 24.11.1980 to his daughter Shamsun Nahar (defendant No.1). Imamuddin Dewan died on 02.04.1985 at the age of 93 years. In later part of 1980 he was not keeping good health and his memory was failing. So he could not use his disc......sion sitting in revision and therefore the judgment of the High Court Division is not tenable in law. 12. This being a case of heba-bil-ewaz the plaintiff was to prove that there was no actual payment of consideration and further that there was no bona fide intention on the part of the dono......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
....tition for leave to appeal is directed against the judgment and order dated 26th September. 2007 passed by the Administrative Appellate Tribunal. Dhaka in Appeal No.223 of 2003 allowing the appeal in part with modifications. 2. Short facts as placed before the Administrative Appellate Tribuna......nce, the petitioner filed the Administrative Tribunal Case No. 26 of 2002 in the Administrative Tribunal, Bogra. The tribunal allowed the petition partly and ordered for granting pension and payment of arrear gratuity after deduction of Tk. 73,791/42. Hence, was the case. 3. The case...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
....ess provision in the VAT Act, 1991 (Act No.22 of 1991) to levy VAT on the service of the PSI Agencies, that PSI Agencies are not liable to be charged with VAT because of the provision in the Second part of sub-section (1) of section 3 of the VAT Act which provides that except services mentioned ...... are to be charged with VAT, that in the contract signed between the parties i.e. Government of the People's Republic of Bangladesh and the respective PSI Agencies there is no clear stipulation as to payment of VAT on the services rendering by the PSI Agencies and that PSI Order, 1999 and the VAT ......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
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Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....9 of the CPC for audit of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order the Court on hearing both the parties allowed the prayer. 3. The petitioner moved the High Court Division and by the impugn......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ...... said Bai Muazzal and Bai Murrabaha investment facility from the Bank but because of financial loss, allegedly suffered by the plaintiff-industry, because of non sanction of further Taka 3 crore as loan facility by the Bank as assured the plaintiff sustained loss and the defendant Bank in order to..Category: Others | Date: | Hits: 94
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....es fixed at their level without notifying the same in the Gazette, (e) the National Board of Revenue, the appellant No. 2, as well as customs officials, are not legally authorised to fix value of a particular imported merchandise in advance for the purpose of assessment of customs duties, (f) th...... making the same as the basis for assessment of the customs duties in disregard of the invoice value, but the above submission cannot be accepted because in fixing the citizen with the liability of payment of tax, the concerned authority is required by strict compliance of law authorising it to fi......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ssistant Secretary (Drafting) and Assistant Secretary (Drafting). Rule-7 of the said Rules provided for absorption of Officers of Judicial Service in the Legislative Drafting Wing on their option and particularly rule-7(2) provides that any person once absorbed in this service shall not be allowed t......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
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Category: Constitutional Law | Date: | Hits: 207
....que being dead his heirs Hasina @ Ila Begum and others................Respondents (In both cases).
Judgment
June 30, 2009.
Cases Referred To-
Chitta Ranjan Sutar Vs. Secretary, Judicial Department, 17 DLR 451; Abdul Majid Bepari Vs. Kashem Ali Maloo, 27 DLR 1; Shanmughasundaram Filial Vs......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....cation being in overall control, maintenance and supervision of the Madrasa education it was competent to pass the impugned order in the interest of maintaining a reasonable standard of education imparted in the Madrasa. Consequently there has been a failure of justice. 8. Mr. Md. Nurul Am......ry, Section-16, Ministry of Education vide Memo No. SHANG-SHEEM/3HA:16/Miscellaneous2/98/516 (4) dated 7.6.1999 canceling the recognition of Noabenki Biralaksmi Kaderia Alim Madrasa and stoppage of payment of salary of its teachers and employees under Monthly Pay Order (M.P.O.) scheme on the ave......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer favourably and allowed exemption of a portion of the accrued interest amount subject to payment of the balance amount within 5 years in 20 quarterly installments effective from 20.4.......tinuation of Artha Rin Suit No.73 of 2004 now pending in the Artha Rin Adalat, Cox's Bazar. The Artha Rin Suit has been filed by the respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount th..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....spondent No.7 and his 3 other full brothers and 4 sisters. That the respondent No.7, his mother and 7 full brothers and sisters are the legal owners of land in question in C.S. Plot Nos. 65, 94 and part of 95 and have been possessing the aforesaid land in question for the last 57 years. That the......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......quiry RAJUK approved the plan on 13.12.2006 for 16 storied commercial building. Subsequently, the respondent No.7 executed a contract with a developer named Pioneer Builders Limited who has taken a loan of TK. 15 crore from the Bank. 4. Mr. Md. Nurul Amin, learned Advocate, appearing for the pe..Category: Tenancy Law | Date: | Hits: 214
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....operty. The High Court Division also erred in failing to hold that as the defendant No.1 did not leave the country before 1965 the suit property could not be legally held to be an enemy property, particularly when it was not the case of the Government that the vendor left the country before ......rnest money. It was stipulated that the sale deed would be executed and registered in favour of the plaintiff within 3(three) years after receiving income-tax clearance certificate as well as the payment of balance consideration, failing which the plaintiff would be at liberty to get a sale deed......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....f title of the plaintiff-petitioner in connection with Title Suit No. 17 of 1996 which is merely a suit for permanent injunction wherein the determination of dispute of possession of the contending parties in the suit land is the paramount consideration and the Court should not go into deep for d...... of wrong record relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same th......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
.... the name of mother of defendant No.2 Korfulennessa being a co-sharer, through whom he inherited, appears in the record of right along with the names of the plaintiffs and that through an amicable partition said defendant No.2 Abdul Bashir got the suit land exclusively in.......1 stated that the village-Sridharpur, where the defendant No.2 resides, was about six mile away from the suit land. The D.W.3 was the scribe of the sale deed. He only proved the sale deed and payment of the consideration money. D.W.1 and 2 also could not state the plot and khatian numbers ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..Category: Property Law | Date: | Hits: 158
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....surrender before the High Court Division by 31st January, 2009. The said Division Bench took up the said application for hearing and by order dated 11th January, 2009, allowed the said application in part and directed the law enforcing agencies "not to arrest and otherwise harass the petitioner befo......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....iled Title Suit No.227 of 1991 in the Artha Rin Adalat No.1, Dhaka, the respondent No.1, for realization of the outstanding loan of Tk. 17,86,393.38 from the petitioners and the suit was decreed ex parte on 28.5.1992; the respondent No.2, on 29.9.1994, filed Execution Case No.85 of 1994 and then......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: 17 BLT (AD) (2009) 306. ....... 2. Facts, in brief, are that Agrani Bank, the respondent No. 2 filed Title Suit No.227 of 1991 in the Artha Rin Adalat No.1, Dhaka, the respondent No.1, for realization of the outstanding loan of Tk. 17,86,393.38 from the petitioners and the suit was decreed ex parte on 28.5.1992; the r..Category: Civil Law | Date: | Hits: 191
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... daughters viz. Nos. 3 and 4 and the wife plaintiff No. 2; During lifetime of Badruzzaman defendant No. 5 looked after the suit property. After death of Badruzzaman plaintiff Nos. 3 and 4 asked for partition of the suit land to the defendant No. 5; on 11.01.1981 defendant No. 5 disclosed that sc...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
.... by the accused persons to the complainant petitioner. Thereafter, the complainant further supplied 30 M. tons of aluminum iron worth Tk. 35,11,000/- and accordingly submitted the bill, against which part payment of Tk. 30,00,000/- was made. Thus balance amount of Tk. 5,11,000/- remained unpaid agai......he accused persons to the complainant petitioner. Thereafter, the complainant further supplied 30 M. tons of aluminum iron worth Tk. 35,11,000/- and accordingly submitted the bill, against which part payment of Tk. 30,00,000/- was made. Thus balance amount of Tk. 5,11,000/- remained unpaid against t......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....01 and Title Appeal No. 95 of 2001 allowing the appeals reversing those of dated 09.08.2001 passed by the Senior Assistant Judge, Sadar, Jessore in Title Suit No. 179 of 1993 decreeing the suit in part. 2. Both the petitions for leave to appeal arose out of the common judgment and order d......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..Category: Property Law | Date: | Hits: 90
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ase, in short, are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in th......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
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