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Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
....ss for compliance of the court's order and thereby there is delay in the implementation of the order of the High Court Division and that in the premises the conviction and sentence as passed is not proper and liable to be set aside. 7. We have perused the leave petition and considered the...... Abedin J Shah Abu Nayeem Mominur Rahman J Md. Badaruddin Howlader …………………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009....... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....lfillment of criteria as per process of evaluation. He also submits that the High Court Division committed illegality in entertaining the writ petitioners' claim of title in the acquired property on the basis of transactions subsequent to the requisition process because the original ow......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 ......t was contended on behalf of the RAJUK that since the writ-petitions being the persons said to have acquired interest subsequent to requisition they as such are not competent to question legality of the proceeding of the requisition since their vendors or they have received compen..Category: Property Law | Date: | Hits: 41
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. ...... 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 ...............that the stand of the defendant No.1, that it delivered the perishable consignment to the consignee on securing an indemnity from the Philadelphia Bank international does not appear to give him any legal cover to do so. It would be evident from the reading of the contract that the consignmen..Category: Business or Commercial Law | Date: | Hits: 178
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....o make the appeal regular and ready for hearing subject to the order to be passed on the application filed for waiver from payment of the prescribed amount i.e. the petitioner was entitled to get a proper opportunity to make the payment of the prescribed amount after his prayer for waiver has bee......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. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....any but Rajshahi Krishi Unnayan Bank, which gave loan to the company for setting upon the textile mills, did not accept such illegal change. 5. We are of the view that this Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg....... Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: ......by exercising that power, also appointed two directors of the company but Rajshahi Krishi Unnayan Bank, which gave loan to the company for setting upon the textile mills, did not accept such illegal change. 5. We are of the view that this Division on proper consideration of the mater..Category: Criminal Law | Date: | Hits: 44
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....occurrence and the confessional statement made by the accused husband within 2 days from the date of occurrence before the learned Magistrate, 1st Class. The impugned judgment having been passed on proper consideration and finding based on the evidence and materials on record, we do not find any ......l Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.2007 passed by the High Court Division in Criminal Appeal No. ......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....ren and the plaintiffs, Birendra and among them Dhiren died unmarried leaving there brothers and thus plaintiffs inherited 1/3rd of 1/7th equivalent to 1.07 acres of land of Mritunjoy's property and further case of the plaintiff is that Debicharan died leaving behind wife ......nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
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. ......l Matin J Md. Azizur Rahman…………………………………Petitioner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. Lawyers involved: ......d to S.A. recorded tenant Noor Mohammad and Faizuddin Mondal. Faizuddin Mondal died leaving behind widow Sakhimon and pre-emptor one daughter and defendant Nos. 2 and 3 and the two sons as his legal heirs. They remained in possession into the suit land in ejmali along with their other co-sh..Category: Property Law | Date: | Hits: 26
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
.... respondent No. 3 the decree holder, the certificate under section 33(5) of the Artha Rin Adalat Ain 2003 due to non availability of bidder in the auction sale held on 4.4.2005 for sale of the properties mortgaged by the judgment debtor petitioners as security for the loan. 2. The pet...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District Judge......decretal amount with interest and costs but that attempt failed due to non availabilities of any bidder in the auction held on 4.5.2005 and then the executing Court by order dated 14.7.2005 illegally disposed of the above Execution Case No.1411 of 2002 under section 33(9) of Ain 2003 on the..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....d out in writ jurisdiction and so the best course open to the petitioner was to file appeal under section 42 of the VAT Act, 1991. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg...... 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...... Mulla-Ghosona Bibidha 72001/1221 dated 09.06.2002 (Annexure-C), in so far as it relates to the charge of evasion, should not be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to change the name and business p..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......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&......and comfort of the foreign guests in each room. The respondent No.4 created undue pressure upon the petitioners to pay rent at an enhanced rate and as such the petitioners were compelled to serve a legal notice upon the respondent No.4. The respondent No.4 on 03.05.1007 managed a letter to be is..Category: Business or Commercial Law | Date: | Hits: 169
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Govern......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
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....ments that they filed Artha Rin Suit No. 03 of 2006 in the Court of Judge, Artha Rin Adalat, Barisal praying for recovery of Tk. 33, 22,100/01 from the respondent Nos. 3 and 4 by sale of mortgaged properties and the respondent No.2, also filed Artha Rin Suit No.06 of 2006 in the same Court prayi......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......ision and other connected papers. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The pet..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....ounds natural, but factual aspect is that in any Muslim joint family also, the elder brother, in the absence of father, becomes the guardian of the family and is responsible to look after the property on behalf of the other members of family though he is not formally termed or addresse......on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynal Abedin J Md. Abdul Matin J Md. Qamrul Islam and others…………………........Petitioners Vs ...... his case which he totally failed. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The pet..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....ari, P. S. Demra, Dhaka, belonged to Rambramhan Tior and Ram Doyal Tior in equal share and their names were recorded in C.S. record; That on their death the defendant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to p......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Go......f land whereas the applicants are claiming 22½ acres of land. The petitioners submit that since the petitioners are not claiming any relief against the applicants, they have been illegally added as defendants in the suit. 6. It appears from the record that in the instant ..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....and if by the order of suspension any of the terms and conditions of service is violated his remedy lies before the Administrative Tribunal. 7. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved arrived at a correct decision a....... 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......he above criminal cases and appeals were disposed of after the issuance of the impugned orders of suspension and so the result of those criminal cases and appeals should not have any bearing on the legality of the orders of suspension and that the petitioners filed criminal petitions for leave to ..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
.... house from the Ka List stating that initially she had been in possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Hamid Khan Qamar who purchased the said property from Messrs Eastern Housing Limited by a registered deed of sale dated 25.08.1966, and in ......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......e house without any objection from the Government or anybody else and she had also been paying rent and municipal taxes etc but without serving any notice upon the petitioner, the above house was illegally enlisted in Ka List. The Government did not file any written objection before the Court of ..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....g fraud and forgery on the Court and are therefore inoperative, null and void and have no legal force and as such not binding upon the plaintiff and for a further declaration that the schedule No.1 property was not the subject matter of the solenama decree in the Title Suit No.64 of 1972 a decree...... Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and another.......Respondents. Judgme......4 of 1997 on the basis of the aforesaid decree in Title Suit No. 64 of 1972 were also obtained by practising fraud and forgery on the Court and are therefore inoperative, null and void and have no legal force and as such not binding upon the plaintiff and for a further declaration that the sched..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ...... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank Limited represented by its Managing Director & another....Petitioners Vs. Md. Abdul Aziz and another………………………….............., under Section 4 (2) of the Administrative Tribunal Act, 1980, which, on contest, was allowed declaring that the orders of dismissal as well as rejection of the appeal for reinstatement are illegal, void, without jurisdiction and of no legal effect and further direction was given for ..Category: Administrative Law | Date: | Hits: 166
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....emplated by Regulation No.58 of the Janata Dank Employees Service Regulation, 1995 were net followed. 6. In our view the findings of the Administrative Appellate Tribunal, Dhaka are based on proper consideration of the materials on record. We find no infirmity in the judgment of the ......e Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Janata Bank, represented by its Chairman, and another....Petitioners Vs. Mr. Fazlul Hoq and another...................................erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ..Category: Administrative Law | Date: | Hits: 175
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