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Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....ocuments on the last day of hearing without giving opportunity to the writ petitioners to controvert the same and that High Court Division based its judgment on a document which was not at all party of the record. 8. The appeals, both in support of and opposition to, were argued ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....2 to June, 1993 due to negligence of the writ petitioner target for reduction of system loss and realization of revenue could not be attained and that the said failure was a misconduct on the part of the writ petitioner, that writ petitioner's contention that because of not having suff...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..Category: Employment/Service Law | Date: | Hits: 69
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....us remedy is available to the writ petitioners they can not invoke the writ Jurisdiction. It is further submitted that Article 52 of the Dhaka University Order, 1973 provides that an aggrieved party may also prefer appeal to the Chancellor who may cause the matter inquired into by an inquir......iction. 7. Article 21(1) provides that all graduates of the University of at least three years standing shall be entitled to have their names enrolled in register of registered graduates on payment of prescribed fees and all the disputes relating to compliance with the provision of the or......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....o have come from the office of the Deputy Commissioner, Mymensingh who said to have affixed alleged show cause notice at the gate of the petitioner's house and further that in the service rupture particulars and addresses of the witnesses in whose presence show cause notice was said ......uthority to possess fire arms, a .22 bore revolver No. 1616892 with 20 rounds of live cartridges and a .22 bore rifle No. 353071 with 15 rounds of cartridges. The licenses were regularly renewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his pol......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....elonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the executors refusing to executed the deed of sale the plaintiff appell......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....nal Code read with section 138 of the Negotiable Instrument Act. In this case there is initial intention to deceive. The informant as it appears from the FIR and the charge sheet was induced to part with Tk. 6,65,000/- and in such view of the fact it can not be said that no offence is disclo......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......ion by order dated 26.01.2006, summarily rejected the same. 3. The learned counsel for the petitioner submitted that complainant respondent no.2, filed the aforesaid case for realization of loan money as well as compensation in respect of which the Magistrate can not give any relief and d..Category: Criminal Law | Date: | Hits: 45
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ealt a dagger blow on the back of the deceased with the blunt side of the dagger when the deceased fell down on the ground. Thereafter other respondents dealt severe dagger blows at different parts of the body of the deceased as a result head of the deceased was almost severed from the body......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..Category: Criminal Law | Date: | Hits: 84
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....ntly submitted an application for adjournment of the peremptory hearing but that application was not moved. That application was rejected and the defendants were directed to get ready to take part in the hearing. The defendants failed to participate in the hearing and ultimately the da......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....he aforesaid 2 union parishad are in existence for last hundred years and the inhabitable of those villages continued as voters of Union Parishads as a political unit. By the impugned order only a part of six villages have been included in the Pourashava leaving and keeping the remaining area as...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....itted fundamental mistake in sending back the suit on remand on such a flimsy ground. 7. It may be noted here that the suit was for simple declaration of title and it was not a suit for partition. So it is not understood why the learned Judge of the appellate court directed ......vernment and after their death, the plaintiff Nos.1-7 as heirs of Ishaque inherited the property and plaintiff Nos.20-25 as the heirs of Ismail are in continuous possession of the suit land on payment of rent regularly. The suit land was wrongly recorded in the name of Ishaque alone in S.A. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....e suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said dec...... 3. The defendant-petitioners contested the suit alleging that the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the he......hey tried to dispossess the plaintiffs, the plaintiff-respondents filed the suit. 3. The defendant-petitioners contested the suit alleging that the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. H..Category: Property Law | Date: | Hits: 25
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court passed in Title Suit No. 30 of 1985 is illegal,......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......upon. 3. The defendant No.1 contested the suit by filing written statement contending that Jadhunath was the original owner of the suit land and Raj Chandra, who was his under raiyat, took a loan of Tk. 172/- from Jadhunath and being unable to the pay that loan Raj Chandra, by kabala date..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
.... alters hearing, allowed the above prayer and sent back the suit to the trial court for fresh trial with the direction that the suit should be disposed of after giving adequate opportunities to the parties. 3. Leave was granted on the submissions that the suit having been dismissed ......t Appeal No.79 of 1990 before the High Court Division and filed therein an application under Order 6 Rule 17 CPC praying for adding the prayer for recovery of khas possession in the plaint on payment of ad veloram court fees contending that unless the above consequential relief of rec......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ..Category: Civil Law | Date: | Hits: 107
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ......for storing its raw materials imported by opening back-to-back letter of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....er, Baron Nessa Bibi who executed and registered a kabala on behalf of the minor sons on 19.02.1947 in favour of the plaintiffs and delivered possession. In this kabala, due to mistake on the part of the scribe, plot No. 845 was written in place of plot No. 854. Ajiron Nessa orally gifted h......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....the workable capacity, the defendants requested the plaintiff bank for further importation of machinery under BMRE but the plaintiff refused the proposal. It is a contractual obligation in the part of the plaintiff bank to extend financial assistance as and when the defendant’s fa......and the plaintiff bank sanctioned loan to defendant No.1 on Murabha investment basis for a sum of Tk. 20,14,087.00 for machinery and the defendants accepted the sanction letter which is fixed for repayment of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 depo......2 is managing Director and defendant Nos. 3 and 4 acre directors of the said company. The defendant Company opened current account No. 1418 with the plaintiff bank and the plaintiff bank sanctioned loan to defendant No.1 on Murabha investment basis for a sum of Tk. 20,14,087.00 for machinery and..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....o. 2 Gurbaksh Lal Sarin, son of Lala Lachhman Dass. Respondent No. 1 Mst Razia Begum is the daughter of Lala Lachhman Dass. In 1940, she embraced Islam and married Dr. Zahiruddin Alvi. At the time of partition, Dr. Zahiruddin Alvi was posted at Larkana as District Health Officer. His mother-in-law a......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....Prior to the appointment of the writ petitioners in 1998 the President in consultation with the Public Service Commission promulgated the Bangladesh Civil Service (General Education) Training and Departmental Examination for probationer Rules, 1992 vide SRO No. 7-Ain/92 published in the Ban......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....importer is only entitled to a vested right to be assessed as per the SRO prevalent at the time of opening of the Letter of Credit which provided for exemption of the rate of custom duty either in part or in full as per section 19 of the Customs Act and not in respect of any SRO issued under sec......s on the basis of the said SRO dated 16.8.1988 and thus imposed and realised from the writ petitioner an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment of this excess amount under protest to avoid extra liabilities by way of demurrage and......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
.... open for his enjoyment of light and air. This is unjust, too much and illegal in a land hungry country. This writ petition is vexation and arrogant." 5. Upon hearing the learned Counsel for the parties we have ourselves directed the respondent to earmark the Gulshan lake with proposed road and......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 36
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