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Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....eof; then Rustom Ali and his wife Sarifunnessa submitted a plan to D.I.T. for construction of a building on the suit land and vide Memo dated 23.11.70, the Authorized Officer of D.I.T. in the early part of the year 1970 approved the same; the dwelling tinsheds of Rustom Ali were blown away by a de......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) 661, 63 DLR (AD) (2011) 122.......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) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
....ully disregarded this Court's order. 4. From the heaps of correspondences available with the record, nowhere we could find any earnest desire or honest move or bonafide intention on the part of the contemner No. 2 and 5 to implement the direction of this Court. On the contrary w...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....shy;on by the 24th August, 1996. 3. Facts in all the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was paid but later on Government decided to de-requisition their lan......Commissioner was directed not to accept any return of money from the awardees. It was also the case of the RAJUK that possession of the land as now claimed by the writ-petitioners was taken over on payment of substantial portion of the compensation money and that on taking over possession R......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....tiff has loaded the cargo on board the vessels 'MV Jaami' V-731 which was grounded at Colombo Port on 26-12-2004 laden with the cargo of the plaintiff. The defendant No. 15 is the owner of and the party interested in 'MV Dali' and 'MV Lady Fatima' now both berthed at Chittagong. The pro-forma de......the main line operators, the defendant Nos. 8-14, and shipped the 53 containers containing export cargo against the Sea Consortium Pte. Ltd Singapore, BL No. Jaami V-731 CCO1 dated 21-12-2004, upon payment of the freight on account of different main line operators, the defendant Nos. 8-14, onto '...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
.... the Evidence Act to specific statements and omissions. The High Court Division also did not consider that all omissions are not contradictions and in order to contradict the witness the specific part of the statements or omissions must be brought to the notice of the witness which was not done ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....he seller were having disputes over the last few consignment as to the quality of the fish exported by the plaintiff and received by the importer purchaser. It was a dispute between the respective parties themselves and their Banks. Therefore, it had nothing to do with the appellant who is only ......C opening Bank as they refused to pay the money for the exported goods to the plaintiff and deprived the plaintiff from his legitimate claim and the plaintiff was deprived of US$ 5, 24,441. For non-payment of the said money the plaintiff suffered huge pecuniary loss in money, good-will and reput...... L/C confirming Bank, did not pay debt as per contract, the factory and business of the plaintiff was inoperative for a long time and accordingly, a huge amount of interest was credited against the loan account of the plaintiff with Agrani Bank proforma defendant No. 7 and due to the negligence o..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....y. At that time accused Dayemuddin, Mostufa, Noor Nabi @ Shanu, Mahibullah and others forming unlawful assembly being armed with shol, cheni dao and lathi etc. went there and attacked the informant party by encircling them. Dayemuddin asked Fazle Karim, the elder brother of informant Abu Taher t......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..Category: Criminal Law | Date: | Hits: 52
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....Company, currently engaged in running business in rearing, cultivating, catching and export oriented marketing of fish. In running such business the writ petitioner takes lease of closed fisheries particularly from the Government. In the district of Mymensingh there exists a closed fishery named......tablishing a fish firm under certain terms and conditions mentioned therein. Thereafter, pursuant to the said lease order, the writ petitioner on 28.8.2006 deposited Tk.10, 44,281.25/- towards the payment of installment of the premium in respect of the said lease. Later the plaintiff also paid T...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....J. - These two leave petitions arose out of the common judgment and order dated 23.01.2008 passed by the High Court Division in disposing of the Reference Application Nos. 120 and 121 of 2000. The parties and the issue involved in both the petitions being same those are taken up together for dis......ioner and the tax payable under Section 74 i.e. as assessed by the assessee himself; provided that on an application made by the assessee, the Commissioner of Taxes, may reduce, the requirement of payment of the prescribed amount as required for filing an appeal. The assessee-petitioner in prefe......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....order of sentence by reducing the same from three years to two years. The petitioner then filed Criminal Petition for Leave to appeal No.107 of 2008 and this Division, after hearing both the parties, dismissed the same. &nbs......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......oner for submission of four copies to the Office of the Registrar, Joint Stock Companies for the registration of the proposed company and kept the balance copies for using those for obtaining loan etc for the proposed company after its incorporation; while the above copies of the Memor..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....he petitioner as pre-emptee contested the case by filing written objection denying the material allegations in the plaint stating, inter alia, that the case is barred by limitation, defect of parties and since pre-emptor did not pay the improvement cost in court it would be dismissed. ......rrived 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) 597. ......rrived 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) 597. ..Category: Property Law | Date: | Hits: 26
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....ties and the petitioners, appearing in the above that suit, filed written statement but ultimately did not contest and then by judgment and decree dated 10.1.2002 the above suit was decreed ex parte and the above decree was made final on 28.4.2002 for a sum of Tk.12,83,91,013.35 as on 1.7.19......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ...... of the Artha Rin Adalat Ain 2003 due to non availability of bidder in the auction sale held on 4.4.2005 for sale of the properties mortgaged by the judgment debtor petitioners as security for the loan. 2. The petitioners filed the above writ petition on the averments that they took loan ..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
.... order of the High Court Division and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that the whole grievance of the petitioner as to the first part of the Rule is that it having already paid turn over tax as fixed by the VAT authority, the cl......wn in the writ petition; however after another inspection held during 12.10.1998 to 15.10.1998 by Memo dated 09.06.2002 charge was brought against the petitioners to the effect that he evaded payment of VAT to the tune of Tk.7,71,450/00 during the period from 1997-98 to 1998-99 and then cha......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... its power of management of abandoned properties, published auction notice for sale of the same "Mercantile Court" and the plaintiff appellant-petitioner being in need of more space for accommodation participated in the auction and became the highest bidder, so it was accepted by the Government of B...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....led an application in the above Artha Rin Suit No. 6 of 2006 under Order 1, Rule 10 of the Code of Civil Procedure read with section 57 of the Artha Rin Adalat Ain, 2003 praying for adding them as party in the above suit stating that the properties describes in schedule Kha (1) of both the suits......here 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) 563. ......learned Artha Rin Adalat, after hearing, by judgment and order dated 18.06.2007, rejected the above application for addition of party holding that the respondent Nos. 3 and 4 did not take any loan from the petitioner and the petitioner is also not a guarantor against the loans so taken and ..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... and contending that the suit land was acquired by the fund which he got from his father in law and also out of the income from his business and that he provided accommodation to the plaintiff in a part of the suit homestead as a mere licensee. 3. The learned Assistant Judge, after hearin...... 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: 14 MLR (AD) (2009) 561. ...... 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: 14 MLR (AD) (2009) 561. ..Category: Property Law | Date: | Hits: 22
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
.... an had been performing their normal duties in connection with their services in Bangladesh Bank an were never arrested in connection with the aforesaid two cases. Prior to the lodging of the FIR departmental proceedings were initiated against the petitioners and they were also placed under su......filing affidavits-in-opposition and supplementary affidavits-in-opposition denying the allegations and contending, inter alia, that the petitioners in total violation of the established practice made payment of Tk. 7,25,400/- and Tk.7,69,144/- against 8 forged bills for which Khulna Police Station C......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) 554, 19 BLT (AD) (2011) 158...Category: Criminal Law | Date: | Hits: 78
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......arrangement for import of the specified taxicab as per specification detailed in SRO applying with the terms and conditions thereto allowing them a right to get the consignment in question cleared on payment of specified duty at 7.5 percent as allowed by the said notification, prevalent at the time ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......published in the Gazette on June, 26, 2001. Regulation 61(2) of the Service Regulations, 2001 provides for termination of an employee of PDBF either by serving 3 months notice or in lieu thereof on payment of basic salary of 3 months. Writ-petitioner's service was terminated by PDBF by the office...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..Category: Employment/Service Law | Date: | Hits: 68
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