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Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... charges as was assessed in the demand note dated 10.03.2004. Since the JTV did not accept the offer of the Commission and there was no relationship of licensor and licensee established between the parties. 6. In reply to the aforesaid affidavits of said respondent Nos. 2, 3 and 4, t......r licence for establishment of their telecommunication system and import of necessary equipments and also for allocation of necessary frequency. The Commission issued a demand note for payment of Tk.14,950/-as process fee. JTV deposited the said amount. Thereafter, JTV also addressed...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....mbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule land stating inter alia, that 1st schedule land, under mouza Dharmapur with......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......suring 67 decimals of land originally belonged to one Kamini Kumar Roy Chowdhury, who died leaving behind 5(five) sons who inherited the property in equal shares. Late Kamini Kumar Roy Chowdhury took loan from Comilla CoÂoperative Bank and mortgaged the 1st schedÂule land to the said Bank as secur..Category: Tenancy Law | Date: | Hits: 141
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ed after the property, never made any claim before the authority before an application was made on 21-1-2002 to the Deputy Commissioner, Sylhet and consequently, there has been great laches on the part of the petitioner which will disentitle the petitioner to come before this Court to invoke wri......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......on urgent basis upon payment of all dues of customs and other authorities. But respondent No. 1 by letter dated 19-9-1988 requested the petitioner to release the said 120 fax machines on payment of customs duty, sales tax and other charges against facility like Murabaha. Responden...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)
....earned Assistant Judge, after hearing, decreed the suit. On appeal the learned District Judge, after hearing allowed the appeal. On revision the High Court Division made the Rule absolute in part. 4. We have heard the learned Advocate-on-Record and perused the petition, the i...... 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: 13 BLC (AD) (2008) 137. ...... 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: 13 BLC (AD) (2008) 137. ..Category: Family Law | Date: | Hits: 155
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....it; but of the original owners Kali Ranjan died leaving behind only daughter the defendant No. 9 who died in Barisal on 28-4-44 and Beni Madhab, who was a government servant left the country before partition and died in West Bengal 25 years ago and Mohini Mohan died in West Bengal in the year 194......the defendant No. 6, with the knowledge of Nidher Kumar Datta, transferred the suit land the defendant Nos. 7 and 8 who are possessing their respective portions by mutating their names and on payment of rents and taxes: Subodh Chowdhury Dey, an Advocate of Barisal Bar, got an order of aucti...... 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: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....the plaintiff's father orally gifted the suit property to the plaintiff and that after the death of Abdur Rahman the plaintiff started a Miscellaneous Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree an......in mandatory form to demolish the thing done by the defendant." The trial Court found that the cinema hall situated on the suit land on the basis of a licence in the name of the plaintiff, the payment of holding tax by the plaintiff and payment of income tax by the plaintiff alone including......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....e 'kha' list of the abandoned property. 2. The facts, in short, are that property in question was allotted to one Asgar Ali, who was a refugee from India, in 1958, that Asgar Ali paid major part of consideration money and the last installment was paid by Asgar Ali's brother Akbar Ali on O......perty could not produce original papers relating to the property in question i.e. the lease deed between Asgar Ali and the Government, nor the petitioner produced before the Court any bills showing payment of utility rates and taxes by Asgar All from February 28, 1972 till 1979 when Akbar Ali is ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....tor of the above company and the bank gave a loan of Taka 1,40,00,000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the sa......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......he respondent No. 4 and hereinafter referred to as the company, and also from the respondent Nos. 5-8 stating, inter alia, that he is the Managing Director of the above company and the bank gave a loan of Taka 1,40,00,000 only to the company and as additional security against the above loan the..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....rence let us reproduce below sub-sections 1 and 2 of section 115 of the Code of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has b...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....testing defendant that the plaintiffs by creating forged and ante-dated documents want to grab the land in suit. 4. The trial Court on consideration of the evidence brought on record by the parties decreed the suit on the finding that though the plaintiffs failed to produce documentary ev......f compensation assessment roll and compensation, if any, paid to the ex-Zamindar or that compensation was assessed but the Zamindar did not withdraw the same inspite of being ready for payment and thereupon observed "In the absence of the same it is very much hard to believe the......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......rive her from proper compensation has made the correction in the Gazette Notification and that the correction so made is illegal and that her land could only be acquired under Ordinance II of 1982 on payment of compensation provides by the said law. 5. The High Court Division made the Rule absol...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....e Bagres Khan, Magura Police Station Case No. 12 dated 24.01.1972 was started over the selfsame occurrence against 20 accused persons including petitioner No.1 and another Sayed Abul Kashem (not a party to the complaint petition). On conclusion of investigation into the said P.S. Case charge-she...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ..Category: Criminal Law | Date: | Hits: 35
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....e deed in favour of the petitioner was created by the then Mutawalli in 1965 for more than 5 years without the approval of the Administrator of Waqfs, that the tenant sub-let the premises to a 3ld party without the permission of the Waqf Estate, that notice under section 64 of the Waqf Ordinance......mises in question to the landlord. 4. The trial Court rejected the Miscellaneous cases on the finding that the tenant i.e. petitioner in the Miscellaneous cases defaulted in the payment of rent and that there is no relationship of the landlord and tenant between the Waqf Estat......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ..Category: Civil Law | Date: | Hits: 104
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....ng that the prayer as made by the petitioner in the application dated 2.11.2004 under section 152 CPC can only be made in the form of appeal and that the alleged mistake, being not a mistake on the part of the Court, may be a case of non consideration of Ext. 'Ga' and the High Court Division erre......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ....... Brief facts for disposal of this leave petition are that the plaintiff respondent No.2 bank filed the above Artha Rin Case No.14 of 2003 against the defendant No. 2/petitioner for realization of loan of Tk.47,89,4121/-. The petitioner contested the above suit by filing written statement ..Category: Civil Law | Date: | Hits: 91
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
....bul Kalam Mainuddin, the learned Advocate appearing for the petitioner submitted that the Judges of the High Court Division failed to take notice that appointment of respondent No.4 curtailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marria...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..Category: Constitutional Law | Date: | Hits: 108
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
.... and the award money was paid and possession of acquired land of Plot No. 107 was taken over and thereupon acquired land was handed over to the Railway and the Railway has constructed Rail line and part of the unused land is in the possession of the Railway, that plaintiffs did not mention the n......ded in the background of the notice reflecting the fact that half of the land of the plot was acquired. The contention of the learned Counsel that in fact entire property was acquired and award for payment of compensation was prepared in respect of entire land of the plot and the money was paid ......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....s a Supervisor in Dhaka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as work-charged Assistant Engineer on 24.10.1967 ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....n what was the misreading and misconstruction of the evidence on record by the courts below. It appears that the High Court Division did not at all discuss the evidence of possession adduced by the parties. Thus it is clear that without adverting to the reasonings given by the trial court and th......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......fendant No. 2 never executed and registered the said kabala in favour of the defendant No. 1 and the kabala was obtained by false personation. The further allegation is that the defendant No.2 took loan from defendant No.1 on different dates and put his signature on some blank stamp papers and l..Category: Property Law | Date: | Hits: 25
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