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Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....r herein were present and both the bidders were requested bidders were to give new proposal in writing, but the writ petitioner in a written application intimated that it was not possible on their part to increase their rate more, whereas the other bidder M/s Banna Enterprise submitted an applic......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....h Court Division in First Appeal No.71 of 1979). Order Mohammad Fazlul Karim, J.- Defendant in a suit for declaration of title, partition and declaration that Wasiatnama dated 1.11.1962 and settlement nama dated 6.11.1968 exec......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....earned Chief Justice, whereupon the matter was placed before the learned Chief Justice for an appropriate order and the learned Chief Justice was pleased to pass an order on 17.04.2007 directing this particular bench to hearing and dispose of the matter. 5. Upon receipt of the said order dated 1......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....e when the accused Zakir Hossain caused sarki blow to the chest of her husband through the window. She and her husband caught the sarki. The said Zakir Hossain and Chand Ali were pulling the bamboo part of the sarki from out side. 3. On their hue and cry, the witnesses came there and saw ......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..Category: Criminal Law | Date: | Hits: 68
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... defendant-leave petitioner moved the High Court Division in Writ Petition No.8047 of 2005 and the Rule issued thereon has been discharged by the impugned judgment and order, after hearing the parties, observing, amongst others, that:- "It is evident from the plaint, of...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......se No.86 of 2005 by the learned Artha Rin Adalat, Dhaka, rejecting the application filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain, 2003 praying for adjustment of the outstanding loan with the sale price of the pledged goods and thereby to fix the actual claim amount in the sui..Category: Civil Law | Date: | Hits: 152
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....d agreement date 30.03.2000, the respondent No.1 served a Notice of Arbitration dated 30.05.2005 on the petitioner No. 1, pursuant to such notice, arbitration proceeding commenced between the parties. 7. The respondent No.1 as claimant filed a statement of claim, claiming Tk. 202,47,......petitioner No.1. 5. The Construction was completed on 30.06.2004 and the respondent No.1 was paid the contractually agreed amount of Tk. 33,61,46,298.00/-. 6. After accepting the full payment of Tk. 33,61,46,298.00/- in accordance with the said agreement date 30.03.2000, the respon......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....question of permissive possession of the defendants on the date of institution of the suit filed by the plaintiff was not an issue in any suit and that was not finally adjudicated between the parties in the suit filed by the plaintiff, that from the defendants' side no paper relating to the...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
.... 19.04.1977 showing transfer of the suit land by Dr. Sadeq Ali in favour of the defendant No.1; the said deed was never executed by Dr. Sadeq Ali and no consideration also passed; in the later part of the year 1981 the defendant No.1 claimed the suit land on the basis of the said deed of heb......ere 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) 942. ......ere 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) 942. ..Category: Property Law | Date: | Hits: 87
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
.... occasion, the authorities refused to release the land to One Mr. Khademul Islam Chowdhury who being aggrieved preferred Writ Petition No.835 of 1977 wherein the High Court Division after hearing the parties made the Rule absolute. On review the High Court Division maintained the earlier order and...... created thereon, the respondents have no lawful authority to disturb such past and closed transaction. 17. He lastly submitted that the order of withdrawal from acquisition have been made after payment of compensation to the land owner, the same is direct contravention of Section 8B of the (......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....mount out of the balance of consideration she would hand over possession of the land proposed to be sold to the plaintiff but she expressed her inability to do the same and thereupon returned part of the earnest money TK. 1,20,000/- and at that time there was talk of second agreement f....../- within 7 months from the date of agreement, failing which the sale agreement would be treated as cancelled and part of the earnest money would be forfeited, that as the plaintiff failed to make payment of the balance of the consideration money within the stipulated period the defendant took b...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....pose sentence or punishment. Even those which are triable by the Magistrate, the Customs Officer may in addition confiscate the goods..............(60) Smuggled goods- non-submission of necessary parts-itself an offence entailing confiscation of goods....................(63) Words and phrase......function under this act". Sections 12 & 13 give the power to the Collector of Customs to appoint public warehouses and to license private warehouse wherein dutiable goods may be deposited without payment of customs-duty. Chapter V deals with levy of, exemption or repayment of custom duty. Then s......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....nking Diploma Examination in 1989 from the institute of Bankers, Bangladesh. 5. In Course of service, being so ordered the petitioner joined as in-charge of Foreign. Exchange and passport Department in Khulna Branch of the bank on 29.06.1992 and since then had been discharging his duties ......he Khulna branch as in-charge of Foreign Exchange Department the petitioner rendered his untiring labour to accelerate Foreign Exchange business without jeopardizing banks interest. As such double payment in responding TRA No. 003549 dated 08.05.1994 for Tk. 5169.10 was a bona fide mistake throu......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....rtha Rin Adalat Ain, 2003 for dismissing the Execution Case asserting to be barred by limitation and that the application was heard on 26.06.2007. The executing Court on hearing the contesting parties rejected the application observing, amongst others, that the judgment debtors submitted th......4/-contending, amongst others, that the defendant, though enjoyed the loan facilities from the bank, failed to repay the same within time or thereafter, inspite of repeated demands made for repayment. The suit was decreed for Tk.39,71,334/- with cost fixing Tk.43,297/-, payable in four equa......intiff filed Artha Rin Suit No.02 of 2005 in the Artha Rin Adalat, Chittagong, against the defendant for recovery of Tk.39,71,334/-contending, amongst others, that the defendant, though enjoyed the loan facilities from the bank, failed to repay the same within time or thereafter, inspite of ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....ed availed a loan facility of Tk.4,39,31,000/- for setting up of a Textile Mills, against which both movable and immovable property of said company were mortgaged to the bank as security and apart from that the said Managing Director and other Directors of the Borrower Company ......y;erty of said company were mortgaged to the bank as security and apart from that the said Managing Director and other Directors of the Borrower Company also stood guarantors for the repayment of the loan within the stipulated time, for which several agreements were executed in betw......ourt, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing Director of M/S. Al-Faruque Textile Mills Limited availed a loan facility of Tk.4,39,31,000/- for setting up of a Textile Mills, against which both movable an..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... put them in possession and accordingly the plaintiffs' parents became owner in possession of the suit land and subsequently they died leaving behind the plaintiffs. Subsequently in the First part of Agrahayan, 1378 B.S. the defendant No.1 along with his brother and other defendants to......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....hus the pre-emptors are both co-sharer by inheritance and also by purchase in the case holding. The pre-emptors are also contiguous owner of the case holding in northern, southern and western parts. The pre-emptee is a stranger in the case holding. The opposite party No. 2 of the pre-emptio......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....o.139 of 2000 before the learned District Judge, Narsingdi which on transfer was heard and disposed of by the learned Joint District Judge, First Court, Narsingdi who after hearing the parties by the judgment and decree dated 11.10.2001 allowed the appeal and dismissed the suit ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....passed in disposing of three Miscellaneous Cases filed by the same petitioner under section 96 of the State Acquisition and Tenancy Act for pre-emption of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts re......re made through. registered sale deeds but in fact the opposite party No.2 gifted the said lands to the opposite party No.1 inasmuch as they are real brothers and that the transfers were made without payment of any consideration money and the transfers were made through registered sale deeds in plac......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ..Category: Property Law | Date: | Hits: 33
Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....ase No.293 of 1999 by the Administrative Tribunal. The petitioner hereof as Teacher, Experimental School, filed Administrative Tribunal Case No.293 of 1999 praying for a direction upon the opposite party to upgrade the position of the petitioner to Class-I Gazetted (non-cadre) post like Instruct......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..Category: Administrative Law | Date: | Hits: 243
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....ode of Civil Procedure for production of certain documents mentioned in the written statement. The learned Joint District Judge, 1st Court, Faridpur, thereafter on hearing both the parties by order dated 10.3.1998 directed the defendant respondent to produce th......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ...... and Taklima Khatun died on 18.12.1993 leaving her only son, the plaintiff and the plaintiff has been in possession of the suit land by inheritance. To grab the suit land, respondent created false loan case vide Loan Case No.HB-PAB-38(Multi) dated 25.11.1981 and started Miscellaneous Case No.43 ..Category: Property Law | Date: | Hits: 53
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