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Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....bsp; Md. Abdul Matin J. - These appeals are directed against the judgment and order dated 23.03.2005 passed by the High Court Division in Writ Petition No. 4256 of 2004 making the rule absolute-in-part and directing the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....f the writ petitioners in the case lands is admitted. Being aggrieved as such the writ petitioners moved the High Court Division and obtained the Rules and the High Court Division after hearing the parties made the Rules absolute observing amongst others:- "We requested Mr. Kh......in the R.S. Khatian correctly and without objection. Thus the petitioners directly or through their predecessors-in-interest have been-owning and possessing their respective case land as tenants on payment of rates and rents initially to the Bhawal Raj Court of Wards Estate and subsequently after......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....d by the High Court Division in Criminal Miscellaneous Case No. 4665 of 2008 discharging the Rule. 2. Short facts as placed before the High Court Division are that on 11.08.2003 the opposite party No.1 as complainant filed a petition of complaint in the Court of Chief Metropolitan Magistr...... Dhaka. On the same day he presented the cheque for encashment but the same was dishonored due to "insufficient of fund'’. On 29.06.2003 he served a legal notice upon the petitioner for payment. The petitioner received the same no 1.7.2003 but with no effect. Hence, was the case. ......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ..Category: Criminal Law | Date: | Hits: 51
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....d pro-forma-respondent No.15 are not bound by that judgment and also for permanent injunction restraining the defendant-resplendent No.1 from evicting the plaintiff- petitioners from any part of suit land by putting the said judgment and order in execution. 3. The averments made ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....pension the respondent No.1 framing charge against the petitioner asked him to submit reply within 7 days which the petitioner duly complied and then though the petitioner prayed for stay of the departmental proceeding against him till disposal of the criminal case but the said prayer was r......re 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) 780. ......re 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) 780. ..Category: Administrative Law | Date: | Hits: 162
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....pose of assessment of duty etc. 6. It also appears from Sections 30 and 30A along with Section 19 of the Customs Act, 1969 that the customs duty can be made leviable or can be imposed against any particular item at the rate as it prevails on the date of the presentation of the bill of entry. Tho......ime of opening of the aforesaid letters of credit the earlier notification dated 12.06.1998 was very much in force, wherein the Government pursuant to Section 19 of the Customs Act, 1969 exempted the payment of customs duty of the aforesaid Consignments to the extent of the amount exceeding 15%.......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......t in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated and settled the price of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Falani Begum was the full sister of aforesaid Magrab Ali who assured and p...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
.... the matter. It is stated that while the Rule in the said Civil Revision was pending the defendant Nos.1 and 2 divested right, tile and interest in the suit land in favour of the defendant opposite party No.1 and thus the defendant opposite party No.1 first transposed himself as co-petitioner No......district of Jessore. The plaintiff petitioner took oral settlement of the suit land from Patit Paban Shaha in the first week of Baishak 1342 B.S. and got delivery of possession of the same on payment of Tk. 1200/- as salami fixing Tk.800/- as annual rent. Since the plaintiff petitioner used......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....g the suit of the plaintiff with respect to 16 annas share of the land of Achimunnessa to the exclusion of the share of the defendants. Accordingly, by the impugned the judgment and decree decreed-in-part in favour of the plaintiff in respect of the share of 2.05 acres of land out of land of the sui......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
.... the PSC. This period was extended from time to time. The PSC Published an Advertisement on 30.3.1978 and in that advertisement it was mentioned that the Assistant Engineers of Road and High Ways Department who were appointed on ad hoc basis might apply for regularization of their service. The wri......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... 8. It has been stated, inter alia, in the writ petition that in 1975 there was an unrest in the country after the 4th amendment of the Constitution by which democratic system was abolished and one party Government was established. In such circumstances, change of Government took place on the 15...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....holi River at 34th K.M. (link Road) of Sylhet-Salutikar-Companyganj and Bholagonj High-Way under Sylhet Road Division of Sylhet Road Circle for the year 2002-2003 has been challenged.
3. That five parties/bidders having participated submitted the tenders, all the tenders were opened on the date......ondents in respect of the contract entered into between the appellant and the respondents. In that view of the matter the course that respondents ought to have pursued in respect of their claims of payment for the works executed by him at the rate schedule was either subject of arbitration as pr......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....he petitioners to surrender vacant possession of the suit premises but they did not comply and they defaulted in paying the monthly rent since June to November, 1987 and though they, in the middle part of November, 1987, on local pressure agreed to surrender vacant possession of the suit premise......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 48
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....Dhaka allowed the said application for amendment of the plaint. The petitioners then moved the High Court Division in revision against the above order and the High Court Division, after hearing the parties, discharged the Rule. The defendant-petitioner then moved this Division by filing civil pe......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....he warehouse authority as well as the respondent and on examination the goods, which were declared by the respondent as heavy melting steel scraps, were found to be old and used automotive vehicle parts, i.e. tie rod end, leaf springs, wheel drum, drum, brake drum, oil tank, etc and those, being......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....d transfer the suit land along with the building to him and petitioner No.1 having failed to repay the loan he sent notices on 20.7.2004 and 29.7.2004 requesting the petitioner No.1 to perform his part of the agreement but in vain and thereafter on 19.8.2004 at his instruction a legal notice was......his petition for leave to appeal is directed against the judgment and order dated 2.11.2008 of the High Court Division passed in Civil Revision No. 3989 of 2007 making the Rule absolute subject to payment by the defendant petitioners to the plaintiff respondent No.1 a sum of Tk.8,00,000.00 inclu......ioner No.1 would pay the money to him within 10.11.2003 failing which the petitioner No.1 would transfer the suit land along with the building to him and petitioner No.1 having failed to repay the loan he sent notices on 20.7.2004 and 29.7.2004 requesting the petitioner No.1 to perform his part ..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....he suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit by section 107 of the Transfer of Property Act and that the suit land is part of plot No. 533. 2. As it appears this Division dismissed the above civil petition hold......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....d the Death Reference so far it related to four of the present appellants and 4 others with a modification of the mode of execution of sentence of death and thereby accepted the Death Reference in part and dismissed the conviction and sentence so far it related to 5 accuseds including appellant ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... his direction, they boarded in four trucks and noticed that two other trucks with jawans were also present there and subsequently he came to know that they were jawans of artillery unit, who would participate with them and thereafter they jointly marched and reached at the meeting point of road ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....nsibilities of prosecuting them resulting colossal and catastrophic failure of dispensation of justice and law and order. Mr. Hossain contended that the Constitution was eclipsed by the acts of the parties, although Martial Law is no law but a Jungle law our Supreme Court termed the Martial Law ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
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