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M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....86,000/- issued by Janata Bank, Laldighi East Corporation Branch. Chittagong. Accordingly, this Court by a judgment and order dated 30-03-2003 disposed of the said Civil Petition direct­ing the parties to take steps for expedi­tious hearing of the suit before the High Court Division with ......02 which was duly accepted. That ultimately the auction purchaser petitioner through its C & F Agent filed bills of entry on 23-12-2002 to the Customs Authority, Khulna for the pur­pose of payment of customs duty, VAT and other charges and thereafter on 31-12-2002 filed and application t......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....Co-Operative Book Society Ltd., having its Head Office at Chittagong is owner of the disputed Shop No.9 situ­ated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..

Category: Criminal Law | Date: | Hits: 32

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....e, 1st Class, Bogra. 2. The prosecution case, in brief, is that the respondent No.2 lodged an F.I.R. alleging, inter-alia, that he deals in cement and the accused-appellant as proprietor and partner of M/S. H. M. Enterprise in course of business transaction purchased cement on credit on d...... to keep his commitment as per the undertak­ing and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to the legal notice denying the payment of the amount due. On September 3, 1998 there was salish for the 2nd time and therein the ......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..

Category: Criminal Law | Date: | Hits: 32

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

....2005 they by application dated 13.9.2005 prayed for temporary injunction for restraining the respondent Nos. 1 and 2 from entering into possession of the suit land and by order dated 13.9.2005 the parties were directed to maintain status quo with respect to the suit land but in October, 2005, th......hat on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded tenants, on payment of proper salami and after his death the petitioner along with h is co-sharer become the o......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) 153. ..

Category: Property Law | Date: | Hits: 18

Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)

....required for the organiza­tion and out of 306 employees 245 had already taken their retirement benefits. 6. This court while disposing of all the appeals after hearing the learned Counsel for the parties and considering the neces­sary documents held that the TCB approved Annexure-A regarding re......Rab Chowdhury, the learned Counsel for the petitioners in all the cases and perused the impugned judgment and other connected papers. 5. In this case 306 employees of the TCB have been released on payment of full financial benefits as per rules from their services on the ground that their service......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..

Category: Employment/Service Law | Date: | Hits: 73

Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)

....ction purchaser has no locus standi to claim the auction sale land in auction sale. The learned Advocate further submitted that there was a compromise in Miscellaneous Case No. 183 of 1960 and the parties are in possession; that the suit plots stretch from East to West and from the East up to th...... hesi­tation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... correctly pre­pared in their names; that Shashadhar and others did not settle any land in favour of the plaintiff as claimed by them. On 04.06.1943 the plaintiffs were minor, Shashadhar took a loan from Jharu Bachhar. As against the said loan a patta was executed and registered in favour of..

Category: Property Law | Date: | Hits: 22

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....e management and control of different bodies at different times and 19.10.1991, following a deci­sion of the Cabinet, it was handed over from the control of Biniyog Board to the Public Works Department and even then thereafter, the Ministry of Industries, with­out the consent and approva......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) 121. ......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) 121. ..

Category: Civil Law | Date: | Hits: 84

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

....written statement contending, inter-alia, that the plaintiffs have no locus standi to institute the suit and the suit is not maintainable in its pres­ent from and the suit is bad for defect of parties and in suit khatian Guru Das Datta had 7 annas 10 gondas, Girish Chandra had 1 anna share a......decimals of land of plot No.518 to plaintiff No.2 by registered kabala dated 30.04.1984 and delivered possession in his favour and since then the plaintiff No.2 has been pos­sessing the same on payment of rent through plaintiff No.1. The balance .90 acres of suit jama and other land was trans...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..

Category: Property Law | Date: | Hits: 26

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....val of the plan from RAJUK and with a view to derive some unlawful gains erected several Bastighars for earning money through letting out those Bastighars to some persons who are habituated to take part in antisocial activities and thereby creating nuisance and environmental hazards  detrim......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..

Category: Property Law | Date: | Hits: 28

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

....ricultural Tenancy Act as well as whether pre-emptor is entitled to pre-empt the land transferred on 5.11.1969. It may be mentioned that there was prayer for pre-emption by the some of the opposite parties who got them transposed as co-petitioners in the Miscellaneous case. 4. The trial Co......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..

Category: Property Law | Date: | Hits: 30

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....led Miscellaneous Case No. 13 of 1996 under order 41, Rule 19 of the Code of Civil Procedure in the court of the learned District Judge, Gazipur. The learned District Judge, after hearing both the parties was pleased to allow the Miscellaneous Case No.13 of 1996 on 26.04.1997 on contest with C.P......ground of economic crisis whereupon the learned District Judge was pleased to grant time on 30.06.1997 when the plaintiff petitioner deposited Tk.500/-under receipt No.475 dated 30.06.1997 as part payment of C.P. cost of Tk.3,000/- with prayer for 15 days time to deposit the balance cost when th......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

....ereabouts of the Sahera Khatun and Anwara Khatun were not known and that fact of making gift was not established by the claimant of the property are not based on materials brought on record by the parties, rather the said findings are contrary to the materials on record, that the property has be...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......2.10.1979 transferred the property by a registered deed to the Respondent No.1,that the Respondent No.1 obtained permission from the DIT (now RAJUK) for making construction and also obtained  loan from  the  House  Building Finance Corporation, that the Respondent No.1 is in ..

Category: Property Law | Date: | Hits: 29

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....s also not made available to him. 5. The writ petitioner challenged the order of removal from service by filing the aforementioned writ petition and the High Court Division upon hearing the parties made the Rule absolute in the manner as stated hereinabove. 6. The learned counsel f......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Employment/Service Law | Date: | Hits: 408

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....hat he joined in the service of the then United Bank (later on Janata Bank) on February 16, 1966, that he was serving as Senior Officer of the Janata Bank at K.D. Ghosh Road Branch, Khulna and a departmental proceeding was drawn against him by framing charge and he was served with a show cause n......sal has been passed illegally and consequently he was at all time in service as order of   dismissal was illegal. The Administrative Tribunal was quite correct in making the direction for payment of the arrear salary and other benefits as well as pension benefits. In the backgrou......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Administrative Law | Date: | Hits: 96

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....ecretary of Sunamgonj Sadar Upazila Awami League was nominated as a candidate in the last parliament election and incurred displeasure and anger of the local MP belonging to the ruling BNP Jamat 4 party alliance. The petitioner has been discharging his duties and functions as the elected Chairma......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 32

M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)

....er schedule bank through Credit Information Bureau (CIB) report of Bangladesh Bank suspending all Bank facilities of the petitioner company although they are not responsible for the abnormal delay apart from substantial payment made by the petitioner company. Copy of the letter of Janata Bank st......n condition for re-accounting and re-calculation of simple interest at the rate of 18% per annum with specific direction that the amount ascertained on such re- calculation and after adjustment of payment made by the petitioner to the respondent during pendency of the said matter the petitioner ......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..

Category: Property Law | Date: | Hits: 37

State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)

....ected papers. 5. The High Court Division dismissed the appeal and maintained the conviction with modification of sentence to the effect that the Respondent was found guilty under section 304 part II and 324 of the Penal Code and accordingly sentenced him to suffer rigorous imprisonment fo......t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ..

Category: Criminal Law | Date: | Hits: 48

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

....53 (SC) 394, Kedar Nath Bajoria vs State of West Bengal reported in AIR 1953 (SC) 404 and Stanley Marks vs United States reported in 430 US 188 in support of his contention against ex post facto law, particularly with reference to our Article 35(1) of the Constitution. The learned Counsel also refer...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..

Category: Anti-Corruption Laws | Date: | Hits: 294

Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)

....0 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 41 of 1983 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration that the oral amicable partition of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which ......cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..

Category: Property Law | Date: | Hits: 21

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....ad Fazlul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 03.04.2002 passed by the High Court Division in Civil Revision No.830 of 1999 making the Rule absolute-in-part thereby sending the suit on remand setting aside the judgment and decree dated 14.02.1999 of ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..

Category: Property Law | Date: | Hits: 23