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Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

...., 00,000/- 5. Value of remaining land Tk. 5, 01,852/- __________________________________ Grand Total Tk. 1, 15, 66,072/- 6. The petitioners in the arbitration case and the opposite parties therein being aggrieved by the judgment dated May 11,1994 of the 1st Court of Subordinate Ju......of the 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: 62 DLR (AD) (2010) 255. ......of the 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: 62 DLR (AD) (2010) 255. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......m) dated July 19, 2003 passed in Title Suit No. 2 of 2002 by the Artha Rin Adalat-3, Dhaka. The aforesaid title suit was filed by the bank, respondent No.6 in the writ petition, for realization the loan amount with interest. The suit was decreed for Tk.40, 61,701/-. 3. The writ petitioner ..

Category: Civil Law | Date: | Hits: 98

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

....s petition for leave to appeal has been filed against the judgment dated August 26, 2003 of a Division Bench of the High Court Division in Writ Petition No.4870 of 2002 making the Rule absolute in part declaring the order of termination illegal. The High Court Division by the same judgment direc......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 61

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....the writ respondents to the effect “the respondents shall have the liberty to see the minors twice in a week at the residence of the petitioner or at a place to be agreed upon between the parties. If any dispute (seeing the minors) arises in this regard it will be taken care of by the ......o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ......o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ..

Category: Family Law | Date: | Hits: 171

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....he matter the defendants filed an application seeking direction on the plaintiff for production of papers mentioned in the application so filed by the defendants. The trial Court after hearing the parties rejected the same. The defendants challenging the said order of rejection filed writ petiti......sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......thereupon quality of the goods deteriorated and that at one stage bank sold the goods and deposited the proceeds in the account of the defendants; that the defendants having had failed to repay the loan amount and the interest thereof the bank filed the suit. 3.The defendants filed writte..

Category: Civil Law | Date: | Hits: 91

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....ngladesh Railway, Chittagong invited tenders for supplying foods to the passen­gers of Dhaka Chittagong Inter City Trains for the period from July, 1988 to June, 1991. The plaintiff as caterer partic­ipated in the bid and his tender was accepted as the highest bidder and he was appointed...... officers of Railway Department most illegally paid money to the plaintiff at the rate of Tk.25/- and Tk.30/- per coupon instead of Tk.30/- and Tk.38/- respectively. The defendants totally stopped payment of bills for the break-fast from November, 1990. The plaintiff made several prayers for mak......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

.... declaration of his title in the suit land which was decreed on compromise on 17.6.1977. 4.  The learned Subordinate Judge (now Joint District Judge), after hearing, decreed the suit in part reject the prayer for declaration of the title of the plaintiff in the suit property but setti......ity 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) 525. ......ity 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) 525. ..

Category: Property Law | Date: | Hits: 74

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....o.1 has since leased out the same to the defendant Nos.4-25. Therefore, the suit is liable to be dismissed. 4. The trial Court on consideration of the materials on record decreed the suit in part in respect of 1/3rd share and dismissed the suit in respect of 2/3rd share. 5. On appea......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....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) 519. ......d the appeal of the plaintiff on 19.9.1977 fully knowing that such provisions has been amended by P.O. 154 of 1972; further the plaintiff,  to prove his case,  exhibited money receipts of payment of taxes of Union Parishad, kabinnama of the plaintiff,  ration card of the plaintiff......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) 519. ..

Category: Property Law | Date: | Hits: 26

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....;Dhaka Yellow Pages" and the application was numbered as 75352 in class-16 as on 15.05.2003 and subsequent­ly the said application was declared as abandoned at the instance of the opposite party No. 2 and that then the petitioner company filed an application for restora­tion of the a......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..

Category: Intellectual Property Law | Date: | Hits: 329

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....e on Teaching Practice; she under the Regulation is entitle to get leave for her B. Ed Course but since there is no provision for leave at the time of teaching period of school she had to pray for part leave only for teaching of B. Ed Course; then the defendant Nos. 1, 2 and 10, in collusion wit......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) 485. ......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) 485. ..

Category: Employment/Service Law | Date: | Hits: 66

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. Abu Siddique and others, that land of C.S. Plot No. 361 was acquired in part and that the land measur­ing 25 decimals is outside the acquired part of the land of C.S. ......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28

Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)

....etter dated 21.8.1996 granted permission to release the goods. Upon further prayer of the writ petitioner, said Ministry issued another letter dated 21.8.1996 correcting its earlier letter in some particulars. Upon receipt of the per­mission the writ petitioner also applied to the Chief Cont......goods under contravention system. 5. Upon such permission, the Commissioner of Customs by his order Nos.70 and 71 dated 25.9.1996 allowed the writ petitioner to release the imported goods on payment of penalty    of Tk.10, 00,000.00 in respect of two bills of lading over an...... 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) 466. ..

Category: Business or Commercial Law | Date: | Hits: 163

Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

.... by registered kabalas. These defendants got their names mutated. The plaintiff unsuc­cessfully moved up land appeal board for getting the auction sale set aside. The suit is bad for defects of parties and hit by law of limitation and also hit by section 42 of the Specific Relief Act. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..

Category: Property Law | Date: | Hits: 22

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... 2. The facts of the case, in short, are that respondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory per­formance of developments of work but could n......t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..

Category: Civil Law | Date: | Hits: 101

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....n No. 139 of 2001 sub­mits that in view of the evidence on record, the prosecution case as to the common object of 9 accused persons being to cut the half riped paddy grown by the complainant party and in furtherance of that common object to trespassed into the disputed lands, cutting away......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..

Category: Criminal Law | Date: | Hits: 35

Abdus Sobhan Vs. Faruque Ahmed @ Sunan and oth­ers, 2004, 33 CLC (AD)

....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ..

Category: Criminal Law | Date: | Hits: 29

Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

....e third contention as above may be disposed of first because Abu Taleb's case has no application in the facts of the present case. In that case during re-hearing of an appeal only two members took part and the Chairman was absent but the judgment was signed by all the three members. That was not......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..

Category: Administrative Law | Date: | Hits: 110

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....shy;dent No. 2 who transferred the portion of the holding by the so-called deed of exchange without service of notice upon her as required under section 89(4) of the Act. The land transferred is a part of ejmali tank and homestead of the appellant and respondent No.2. Her further case was that ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..

Category: Property Law | Date: | Hits: 66

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....eal back on remand to the lower appellate Court for re-hearing with liberty to both sides to put in evidence on execution of the deed of mortgage and on execution of four kabalas as alleged by the parties. 8. It did not take much effort on the part of Mr. Mahbubey Alam, learned Counsel fo......the plaintiff did not discharge the primary onus to prove that the impugned deeds were not executed by him. The suit was not maintainable with­out a prayer for cancellation of the four deeds on payment of ad valorem Court fees. 5. In the appeal that was tiled by the plaintiff the appel......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34