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Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....oth of the same Ministry, alleging that .84 acres of land appertaining to C.S. Plot No.97 of Mouza Kawran was acquired in L. A. Case No.16/59-60 for Kamlapur Railway Division Scheme and the Railway Department, being the requiring body, paid compensation for such acquisition but the C Z B Department ......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..

Category: Anti-Corruption Laws | Date: | Hits: 152

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....ch the respondent No.1 paid to Md. Shafi a sum of Tk. 7,000/- as earnest money and on the same very day Md. Shafi handed over possession of the said building to him; Md. Shafi did not comply with his part of the contract though the respondent No. 1 complied with his part of the contract and so he fi......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..

Category: Property Law | Date: | Hits: 28

M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)

....as filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which are claimed to be part of the accretal land measuring 1.51 acres. 2. It is the case of the plaintiffs that la....... the land measuring 4 decimals of land accreted to the C.S. plot Nos. 670, 671 and 675. It has been averred by the plaintiffs that on February 12, 1995 they went to Thashil Office   for payment of rent in respect of the land described in schedule ‘Kha' i.e. accreted land and the...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..

Category: Property Law | Date: | Hits: 30

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....ase No. 210/80. Ref: His office Memo, No. 1166 (En) V.P. dated 3.12.1280. In compliance with the memo under refer­ence, I hold a local inquiry perused the docu­mentary evidence adduced by the party, exam­ined the relevant records of this office and found the fact in ut-in-fro:- The plot ......at A. Majid and 7 others were granted lease of the case land but there is nothing on record to show that A. Majid and 7 others got the possession of case land and paid the lease money and the fact of payment of lease money at a time for the peirod between 1387 upto 1406 by Mr. Habibur Rahman Khan an......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..

Category: Property Law | Date: | Hits: 40

Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)

....from Jail seek leave to appeal against the judgment and order dated 29th and 30th March, 2005 passed by a Division Bench of the High Court Division in accepting the Death Reference No.28 of 2003 in part and dismissing the Criminal Appeal Nos. 1458 and 815 of 2003. 2. The short fact of the ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..

Category: Criminal Law | Date: | Hits: 25

Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)

.... leave to appeal are directed against the judgment and order passed by the High Court Division in Death Reference No.17 of 2002 and Criminal Appeal No.1645 of 2002 accepting the death reference in part and dismissing the criminal appeal reduc­ing the sentence from death to imprison­ment ......Mondal. There were sev­eral sittings for arbitration in the matter but the father and brother of Minarul Islam demanded taka one lac as dowry from P.W.7, who expressed his inability to make the payment and as such parents and other relatives of accused Minarul did not give any recognition to ......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 624. ..

Category: Criminal Law | Date: | Hits: 33

Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)

.... 182 245/1619 2.97 acres with project land and building. 914 245/1620 5. The petitioner, writ respondent. No. 2, participated in the said auction of the above schedule property and purchased the same measuring 2.9......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......cate Officer Sadar, Jessore in Certificate Case No. 13/188/7/85-86 confirming the auction sale dated 28. 11. 1994. 3. The short fact of the case is that M/s. Jess Duck (Pvt.) Limited Company took loan from Bangladesh Shilpa Bank, Jhenidah Branch, Jhenidah. The said loan was not paid in time. Hen..

Category: Property Law | Date: | Hits: 31

Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)

....t the judgment and order dated 20.9.2001 of the learned Joint District Judge, 3rd Court Dhaka in Title Suit No. 81 of 1987 rejecting application filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their ti...... consequently High Court Division was not in error in dis­charging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ...... consequently High Court Division was not in error in dis­charging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ..

Category: Property Law | Date: | Hits: 24

Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)

....g the same. 2. The respondent No.1 as preemptor filed Preemption Case No.93 of 1999 in the Court of Senior Assistant Judge, Tangail, against the petitioner Nos.1 and 2 as pre-emptor opposite-party Nos. 1 and 2 and respondent Nos. 2 and 3 as Vendor-oppo­site-party Nos.3 and 4 respectiv...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 603. ...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 603. ..

Category: Property Law | Date: | Hits: 26

N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)

....o the appel­lant to do the business. Though attempts have been made to allege malafide in the action of the respondents, but there is nothing on record to indicate that there was any malafide on the part of the respondents in refusing permission. Moreover it appears that out of 11 applica­tions re......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..

Category: Business or Commercial Law | Date: | Hits: 81

Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)

....gment and order and other connected papers. 4. As it appears the High Court Division dismissed the appeal holding that in their written statements the petitioners did not deny the receipt of part consideration money and though their case is that at the time of execution of the bainanama, a......spondent No.1 at a consider­ation of Tk.3,00,000/- and in pursuance thereof the respondent No.1 paid Tk. 50,000/- on 31.8.1987 and stipulated to get the suit property registered in his name on payment of the balance consideration money within four months and the posses­sion was to be del......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..

Category: Property Law | Date: | Hits: 26

Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)

....ppeal was disposed of on April 10, 1997 and the application under Order 41, Rule 21 of the Code of Civil Procedure was affirmed on December 2, 1997 and the same as it appears was moved in the early part of the year 1998 and thereupon the aforesaid Rule i.e. Civil Rule No.80(S) of 1998 was issued.......vision call­ing for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......vision call­ing for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..

Category: Property Law | Date: | Hits: 25

Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)

.... promoted as Officer of the Bank. While the petitioner was serving as second Officer of Amtali Branch an allegation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was enquired into b......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ...... subsequently promoted as Officer of the Bank. While the petitioner was serving as second Officer of Amtali Branch an allegation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was en..

Category: Administrative Law | Date: | Hits: 90

Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ng the material averments made in the plaint and stating, inter alia, that the suit property has been correctly enlisted as vested property. 4. The learned Assistant Judge after hearing the parties decreed the suit in part by the judgment and order dated 23.11.1985. 5. The defendan...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..

Category: Property Law | Date: | Hits: 24

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

....istered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue Department of the Government and has been possess­ing the same on payment of rent and taxes. ...... possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue Department of the Government and has been possess­ing the same on payment of rent and taxes. 3. The further case of the plaintiff is that he married defendant...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 519. ..

Category: Property Law | Date: | Hits: 20

N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)

....he actual production. The appellant duly replied to the show cause notice on 12.10.1994 denying alle­gations and explaining the entire facts and circumstances. Respondent No.2 upon hearing the parties passed an order reject­ing submissions of the appellant and hold­ing that it was li......nd a report was submitted recommending realization of Tk. 39,96,916.68/- from the appellant by demand note and adjustment on the basis of calculation as shown in the report. The appellant made the payment as per recommendation of the audit report. The appellant was surprised to receive a show ca...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

....randum of Understanding (MOA) was reached on 16.02.2001 by and between the representatives of (a) Meghna PET Industries Ltd. (b) Prime Edible Oil Ltd. and (c) Meghna Cold Storage Ltd. as the first party and the representatives of (i) Meghna Vegetable Oil Ltd. (ii) Baghdad Vegetable Oil Industrie......the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......erprise of Meghna Group of Industries. The petitioners and two others namely Mr. M. F. Kamal and Mr. Md. Zakaria were the directors of Meghna PET Industries Ltd. Meghna PET Industries Ltd. obtained loan from Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO), a public..

Category: Banking Law | Date: | Hits: 103

Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)

....t, that when the P.P. films are imported by the writ petitioner through bonded werehouse system he pays VAT at the time of taking delivery of those P.P. films from the werehouse, that in the early part of 1995 an audit team from the Directorate of inspection (Customs, Excise and VAT) audited the...... of Inspection and assert­ed those as baseless since VAT was paid regularly, that the respondent No.2 rejected the contention of the writ petitioner on, November 25,1996 and made direction for payment of Tk.1,41,83,583.00 as unpaid VAT and Tk. 2,82,29,279.00 as penalty, that the petitioner w......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)

.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......nbsp;  preliminary form, the suit remained pending and thus the Artha Rin Adalat had the jurisdiction to consider the application for stay under section 44 of the Act and to grant installment payment under section 49 of the Act, but the Artha Rin Adalat failed to exercise its jurisdiction o......sion Bench of the High Court Division in Writ Petition No.7497 of 2007 summarily rejecting the same. 2. The short fact leading to the filing of the leave petition is that the petitioner took loan from respondent No.3, Pubali Bank Limited and since he failed to repay the said loan money the..

Category: Civil Law | Date: | Hits: 94

Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)

....No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described in schedule 'B', a part of the schedule 'A' of the plaint, by adverse possession for more than long 12 years in respec......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ..

Category: Property Law | Date: | Hits: 96