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Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....not paid in full the balance of amount to be paid at the rate of present market value inasmuch as the compensation has already been paid to the actual owners and the same was paid as per relevant law/rule existing at the relevant time. 13. Under the Supreme Court (Appellate Divi......e 102(2)(a)(i) of the Constitution of Bangladesh traveled beyond the Rule Nisi in granting relief which is neither germane nor have any nexus with impugned public notice published in daily newspapers inviting application for allotment of land to person affected by the acquisition. The l......nayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 2004) Golam Mostafa and others....Respondent (In Civil Appeal No.108 of 2004) Anowara Begum.........Respondent ......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)
....t No.5, company has failed to annex any written authority from its alleged principal as well as other material documents as prescribed by the Customs Act, Foreign Exchange Regulation Act and other relevant laws to prove the locus standi of the purported agent of the defendant No. 5, company. In ...... 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. ......d. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Invo......agent of the defendant No. 5. It appears that the said purported agent of the defendant No.5, company has failed to annex any written authority from its alleged principal as well as other material documents as prescribed by the Customs Act, Foreign Exchange Regulation Act and other relevant laws..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....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. ......ng for the appellant and Mr. Md. Khurshid Alam Khan, learned Advocate appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that so far as respondent No.2, Abul Kashem is concerned, the pr......on-Record— For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with......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)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... Appellate Division (Civil) Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ...............elease the goods against letters of indemnity issued by the Bank. It was further contended that the L/C opening Bank did not present the invoices connected with the five bills of lading because the documents submitted were not in compliance with the letters of credit and therefore, were refu..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....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. ......ellants. Leave was granted to consider the submissions. 7. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. The learned Counsel appearing for the appellants submits that in the fa...... 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
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... 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. ...... Attorney General for the petitioners and Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the respondent and perused the impugned judgment of the High Court Division and other connected papers on record. 4. The learned Additional Attorney General submits that as the Department ......d in: 14 MLR (AD) (2009) 312. ...... 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)
....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. ......re and surmise without clear finding that the assessee applicant received any amount on account of goodwill? (d) Whether the Deputy Commissioner of Taxes was justified in estimating sale of papers and the appellate Additional Commissioner of Taxes was justified in confirming the estima......General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1......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. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......Advocate-on-Record for the petitioner and Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the respondents and perused the impugned judgment of the High Court Division and other connected papers on record. 8. The High Court Division in the judgment observed that the prosecut......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Rustam Al Khan……………………..Petitioner Vs. The State and others…………..... Respondents Judgment March 9, 2009. ......e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ..Category: Criminal Law | Date: | Hits: 57
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....appears that the occurrence took place at 8:00 A. M. and continued upto 11A.M. on 28.11.2005. It appears from the F. I. R. that the witnesses are from different districts; that accused No.1 at the relevant time was staying in her room at the residence of the informant and it is also in the F.I.R......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......m J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Abu Ahmed Siddique…………………. Petitioner Vs. Khandaker Abdul Awal and others……......Respondents Judgment October 30, ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......ains unattended and as such impugned judgment and order needs to be reviewed to settle the law. 7. We have heard the learned Advocate-on-Record for the petitioners and perused the connected papers as well as the impugned judgment. 8. It appears that the point raised by the learned ......Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 28 of 2008. (From the judgment and order dated 10.06.2008 passed by the Appellate Division in Criminal Appeal No.34 of 2006.) ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ..Category: Criminal Law | Date: | Hits: 43
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....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. ...... to disallow the pre-emption case for failure on the part of the pre-emptor respondent to deposit development cost. 9. We have heard the learned advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. The ......l Matin J Md. Azizur Rahman…………………………………Petitioner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. Lawyers involved: ......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
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... to affirm the judgment and decree of the appellate court. 9. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the appellate court being the last court of fact belie......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..Category: Property Law | Date: | Hits: 25
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....but the respondent No. 6, by Memo dated 19.09.2002, rejected the above prayer being an enlisted person, used to pay turnover tax sometimes at enhanced rate from time to time to time in terms of the relevant provisions of the VAT Act, 1991 and VAT Rules and accordingly the charge made against him......management of the petitioner, demand notice was issued. 4. We have heard the learned counsel and perused the impugned judgment and 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 ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Adul Matin J Nasiruddin Biswas…………..Petitioner Vs. Chairman, National Board of Revenue and others……Respondents Judgment July 27, 2008. Lawyers Involved......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
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....legations made in the notice. Thereafter the respondent No.3 on 19.12.2007 issued a notice fixing 10.30 a.m. of 27.12.2007 for hearing and asked the petitioner No.1 to remain present along with the relevant papers and documents. After receiving the said notice, Hotel Golden Deer Limited filed wr...... made in the notice. Thereafter the respondent No.3 on 19.12.2007 issued a notice fixing 10.30 a.m. of 27.12.2007 for hearing and asked the petitioner No.1 to remain present along with the relevant papers and documents. After receiving the said notice, Hotel Golden Deer Limited filed writ petiti......on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Amir Uddin Miah and another..............................Petitioners Vs. Dhaka City Corporation, rep&...... notice. Thereafter the respondent No.3 on 19.12.2007 issued a notice fixing 10.30 a.m. of 27.12.2007 for hearing and asked the petitioner No.1 to remain present along with the relevant papers and documents. After receiving the said notice, Hotel Golden Deer Limited filed writ petition No. 11010..Category: Business or Commercial Law | Date: | Hits: 169
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....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) 573. ......am, the learned Counsel for the petitioner and Mr. M. A. Quiyyum, the learned Counsel for the respondents and perused the impugned judgment of the High Court Division and other connected papers on record. 8. It appears that the connected execution case was disposed of......l Abedin J Mahbubur Rahman Miah……………………………………Petitioner Vs. MA Kabir Chowdhury and others………………...Respondents Judgment Janu......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) 573. ..Category: Property Law | Date: | Hits: 25
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... 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.......e heard Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the petitioner as none appeared for the respondents and perused the impugned judgment of the High Court Division and other connected papers on record. 11. The High Court Division held that the opposite parties in the revisional a......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: ...... 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
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......ioner has filed this petition for leave to appeal. 15. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. It appears that the High Court Division was satisfied that there was t...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment April 12, 2009. Lawyers I...... reports of the previous years, if it is due, (c) direct the company to permit the respondent Nos.1 and 2 and/or their authorized persons to inspect the share register and share transfer documents of the company, (d) restrain the petitioner from selling any cement or other property of ..Category: Business or Commercial Law | Date: | Hits: 193
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 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) 563. ...... prayer under section 57 of Artha Rin Adalat Ain, 2003. 4. We have heard the learned counsel and perused the impugned judgment and order of the High Court Division and other connected papers. 5. We are of the view that the High Court Division on proper consideration of ......am J Md. Joynul Abedin J The City Bank Limited…………………..................Petitioner Vs. Judge, Artha Rin Adalat, Barisal and others….......Respondents Judgment January 25, 2009. Lawyers Involv......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. ..Category: Civil Law | Date: | Hits: 102
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....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.......ion. 4. The High Court Division, after hearing, discharged the Rules. 5. We have heard the learned counsel of the petitioners, and perused the impugned judgment and orders and other connected papers. 6. As it appears the High Court Division discharged the Rules relying on the case of Junn....... Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referre......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
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....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) 551. ...... High Court Division discharged the Rule. 4. We have heard the learned counsel for the petitioner, and perused the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that the ......n J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. Lawyers I......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) 551. ..Category: Property Law | Date: | Hits: 26
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