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Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)

....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......ate Division (Civil) Present: Md. Ruhul Amin CJ   M.M. Ruhul Amin J   Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and others ......Respondents ......f taking settlement of the land in suit from court of wards of Bhawal Estate submitted the amalnama (Ext. 1), rent receipts (Ext.2, Ext. 2(ka) and 2(kha)) and the khatian B/286 (Ext.3) and the said documents clearly show that plaintiffs took settlement land of the plot Nos. 3/3315, 3/3317 and 3/3..

Category: Property Law | Date: | Hits: 19

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

....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. ......isrepresentation and Mr. Abdullah-Al-Mamun for the petitioners and Mrs. Khaleda Zaman for respondent Nos. 5 and 7 and perused the judgment of the High Court   Division and other connected papers. 7. The learned Counsel for the petitioners submits that it is not disputed that Megh......sp;    Lawyers Involved: Abdullah-Al-Mamun, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners (In both the cases) Rafique-Ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Recor......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. ..

Category: Banking Law | Date: | Hits: 103

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

....the order passed by the Tribunal was of little legal consequence and, as such, the petitioner cannot thrive upon it to get the benefit of sub-section (4) of Section 42 of the Act. And since at the relevant time deposit of 50% either of the demanded VAT or the penalty was compulsory to maintain a......rectorate of inspection (Customs, Excise and VAT) audited the records of the writ petitioner and found everything in order, that later on another audit team seized petitioner's documents and other papers and after seven months submitted the report to the writ respondent No.2-The Commissioner of ...... Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment         ......dit team from the Directorate of inspection (Customs, Excise and VAT) audited the records of the writ petitioner and found everything in order, that later on another audit team seized petitioner's documents and other papers and after seven months submitted the report to the writ respondent No.2-..

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

Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)

....cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ......ned Advocate-on-Record for the petitioners and Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court decreed the suit holding that in a suit for perma......i, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 334 of 2006. (From the judgment and order dated 14.03.2005 passed by the High Court Division in Civil Revision No. 6049 of 2001.) ......cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ..

Category: Property Law | Date: | Hits: 30

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. ......on the erroneous view of law that it became functus officio and had no jurisdiction to decide the application on merit. 5.  We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sk. Mohiuddin………............................Petitioner Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka and others………Respondents Judgment ...... 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. ..

Category: Civil Law | Date: | Hits: 94

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

....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. ......upon hearing made the Rule absolute. 7. We have heard Mr. Harendra Nath Nondi, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiff embraced Islam and his mother also embraced......: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Sri Sri Hari Thakur Deb Bigraha & others ................... Petitioners Vs. Md. Abdul Hannan and others ..............................Respondents Judgment November 9, 2006. ......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

Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)

....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Government of Bangladesh, represented by   the   Secretary, Ministry   of   Land,Bangladesh Secretariat, Eden Building, Dhaka and others..................Petitioners. Vs. ......It appears from the list of vested property of Kotwali Police Station, Dhaka (Annexure-G) that the property in question was not included in the list as vested property. 7.  It is evident from the documents available on record that the Government made several enquiries into the matter by its offi..

Category: Property Law | Date: | Hits: 33

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

.... that the respondents before the High Court Division of that case produced original deeds and papers relating to the disputed property before the Court of Settlement and the same was found to be a relevant fact which made the fact of purchasing the property by the writ respondents highly probabl......rney General for the respondent Nos. 1-2 and Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the respondent No. 4 and perused the judgment of the High Court Division and Other connected papers on record. 5. It is not disputed that the property in question was originally allotte...... Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Golam Rabbani..........................Appellant Vs. Chairman, Court of Settlement and others.................Respondents Judgment July 8, 2008. Cases Referred t......t No. 984 of 1980 to the effect that the disputed property is not abandoned property. 10. It further appears that the Court of Settlement directed the writ petitioner to produce the original documents in respect of the disputed property but the writ petitioner failed to produce the documen..

Category: Civil Law | Date: | Hits: 119

Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)

....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......ullah, the learned Advocate for the petitioner and Mr. Nurul Islam Bhuiyan, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor is co-sharer by inheritance and the pre-em......ul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. Not represented –Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 929 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No. 3768 of 1995.) ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ..

Category: Property Law | Date: | Hits: 26

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......mad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Most. Nurun Nahar Begum................................Pre-emptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007.......schief of the doctrine of Us pendens that the deed of reconveyance dated 13.03,1989 and the subsequent transfer dated 19.02.1989 do not come in the way of allowing pre-emption as the same are sham documents. 9. It appears that the High Court Division while making the Rule absolute duly co..

Category: Property Law | Date: | Hits: 33

Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)

....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......ni, the learned Advocate for the petitioner and Mr. S. H. Md. Nurul Huda Zaigirdar, the learned Advocate for respondent No.1 and perused the judgement of the High Court Division and other connected papers. 6. The High Court Division held that since the pre-emptor of Miscellaneous Case Nos.......cted by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 874 of 2006. (From the judgment and order dated 19.04.2006  passed  by  the High Court Division in Civil Revision N......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..

Category: Property Law | Date: | Hits: 30

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......thin Police Station-Uttara. On 06.04.1997 at about 10.30 P.M. victim Shah Alam Babul along with Hawkers namely Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in the Habib Market of Sector No.5 of Uttara. At that time the accused persons took Shah Al......) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006). Md. Amjad Hossai...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..

Category: Criminal Law | Date: | Hits: 36

Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)

....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......fter hearing was discharged. 5. We have heard Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that in this case marriage was not disputed. The div......ed: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by the High Court Division in Criminal Revision No.1167 of 2000.......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ..

Category: Criminal Law | Date: | Hits: 31

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ...... already decided on merit. 9. Leave was granted to consider the above submissions. Heard the learned Counsel and perused the petition and the impugned judgment and order of this Division and other papers on record. 10. The learned Counsel submits that the finding of this Division to the effect......late Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Nizamuddin Mahmood……….........................Appellant Vs. Abdul Hamid Bhuiyan and another..............Respondents Judgment June 17, 2008. Result: The appeal is allo......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..

Category: Criminal Law | Date: | Hits: 67

Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)

....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......unsel for the petitioner and Mr. Sajjadul Huq, the learned Advo­cate-on-Record for the respondent in CP No. 420 of 2003 and perused the judgments of the High Court Division and other connected papers. 7. The learned Advocates submits that since in the repealing Act there is Saving Cla...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mamunur Rashid Mamun and another……….........Appellants Vs. Bangladesh and others&helli......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..

Category: Criminal Law | Date: | Hits: 43

BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

....ort of his con­tention, he has referred to the case of Central Inland Water Transport Corporation Ltd Vs. Brojo Nath Ganguly reported in AIR 1986 (SC) 1571. 34. In that case on interpretation of relevant Service Rule, the Indian Supreme Court held that the Rule empowering the Government Corpora......ted to consider the above mentioned submissions. 25. We have heard the learned Counsels and perused the materials, including the impugned judg­ment and order of the High Court-Division and other papers on record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation......so Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J  Md. Hassan Ameen J Md. Abdul Matin J   Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan......Board of Revenue (NBR) for filing a criminal case against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 for making false statement in his income tax returns and other documents furnished in connec­tion thereto and also for concealing incomes. The respondent No. 5, ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ...... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh repre­sented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o......est for release and return of the suit land to them but their prayer was turned down. The plaintiffs have no title, interest and possession in the suit land and accordingly they manufactured false documents and filed the suit with a view to grabbing the suit land. 6. The trial court decre..

Category: Property Law | Date: | Hits: 23

Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)

....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......end are giving out various threats since last part of Poush 1391 B.S. and Consequently they created some paper transaction from defendant Nos. 1-5 in respect of their proportionate share and those papers are fraudulent, collusive, inop­erative and not binding upon the plaintiff and thereby a...... LG (2007) AD 231. ......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..

Category: Property Law | Date: | Hits: 26

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......s Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 ......arned Magistrate Cognizance Court for taking necessary action in the matter for ends of justice. We direct the learned Magistrate Cognizance Court Laxmipur to peruse the record of the case and the documents submitted therein and on examination of the same if he finds a prima facie case under the..

Category: Criminal Law | Date: | Hits: 38