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Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......i. Md. Wahidullah, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-5. Civil Petition for Leave to Appeal No. 1634 of 2005. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Writ Petition No. 4388 of 2003.) ......of each of the writ petitioners in the promoted post is in accordance with the Service Rules of the Companies. The impugned orders of promotion did not suffer any irregularities or illegalities. The further contention is that the writ petitions are not maintainable inasmuch as the ..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....nding upon him on the averments that the suit land belonged to Raj Chandra who died leaving behind three sons namely Mukunda, Bipin and Manindra and after the death of Mukunda and Bipin the entire property devolved up Manindra; in the year 1972 Manindra who was ailing due to his old age brought ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others&h......r declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court passed in Title Suit No. 30 of 1985 is illegal, void and not binding upon him on the averments that the suit land belonged to Raj Chandra wh..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first schedule of the plaint is forged, void, without consideration ......te-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High Court Division in Civil Revision No.2716 of 2001.) ......ecord 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: VI ADC (2009) 217. ..Category: Property Law | Date: | Hits: 20
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived 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) 212. ......vil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum,......ppellate Division (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers I..Category: Property Law | Date: | Hits: 26
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....er of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with the authority and released from the warehouse for use for ma...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others.....Petitioners Vs M/s. Diplomat Garment (Pvt.) Ltd., represented by it's ......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
.... as facts passed the impugned judgment and order which is liable to be set aside in the interest of justice; that the plaintiff herein petitioners claimed the suit land as their ancestral properties as well as vide some Registered and settlement deeds which clearly exhibited and proved ......9) 193. ......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....vant year only 78 cases in total were filed; that the judgment and order of the appellate Court below, without adverting to the reasons upon which the trial Court decreed the suit, and without proper reversal of the findings of the trial Court, was not a proper judgment of reversal; th...... Case is also Reported in: VI ADC (2009) 186. ......rd Court, Khulna in Title Suit No.244 of 1966 and the order dated 23.12.1970 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settleme..Category: Property Law | Date: | Hits: 23
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
.... December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under section 20 of the Pa......ahman CJ Sajjad Ahmad Jan J M. R. Khan J Waheeduddin Ahmad J Taj Din...........................................Appellant. vs. Mrs. Razia Begum Alvi and others.................Respondents Judgment December 15, 1970. The Paki......e property free from any encumbrances". It was prayed- "that the agreement of sale dated the 6th May, 1949, and the registration of sale dated the 5th August, 1958 may also be held as illegal and inoperative". It was further prayed that if any transfer or possession has been ent..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
.... The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs of their father and contiguous owners of schedule No. ...... also Reported in: VI ADC (2009) 150. ......ioner is a co-sharer by inheritance and owning and possessing contiguous land in the suit and as such, the High Court Division without considering this aspect of the case has discharged the Rule illegally occasioning failure of justice. 5. It appears from the record that the Court of App..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......M Amirul Islam, Senior Advocate, instructed by Mrs. Sufia Kahatun, Advocate-on-Record-or Respondent Nos. 1-6 (In both the cases) Civil Appeal Nos. 113-114 of 2008. (From the Judgment and order dated 02.10.2007 passed by the High Court Division in Writ Petition No. 10238 and 2006.) ......Court Division in writ Petition No. 10238 of 2006 making the rule absolute and thereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 as of no legal effect being unconstitutional. 2. The respondent Nos.1-6 filed the aforesaid writ peti..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ...... (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Collector of Customs, Customs House, Chittagong and others……Appellants Vs. M/s. Sumi Enterprise ..................Respo......redit i.e. on 30.3.1988 as per the SRO dated 18.6.1987 and the assessment and realization of duty by the customs pursuant to subsequent S.R.O. dated 16.8.1988 imposing tariff value was illegal and the realization of the excess amount on the basis of the SRO dated 16.8.1988 subsequent t..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... 14 of 1999 before the Subordinate Judge. The President of the Waqf Estate and its Committee in collusion with his fellow men has been taking away money from the Waqf Estate without maintaining any proper account inspite complaint to the office of the Administrator of Waqf Estate. The executive ......nt: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases Referred To- ...... accordance with law and accordingly discharged the Rule. The decision reported in 28 DLR 333 was overruled by a celebrated decision reported in 3 BLC (AD) 135 and 4 MLR (AD) 19; that there is legal infirmity in the impugned judgment of the High Court Division as because the scope of appeal..Category: Trust/Waqf Law | Date: | Hits: 173
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87....... of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......lly the basic structure of our constitution embedded in the principle of Rule of Law. 3. In the matter of selection of the Judges the opinion of the Chief Justice should be dominant in the area of legal acumen and suitability for the appointment and in the area of antecedents the opinion of the..Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....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. ......tar Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. Government of Bangladesh Represented by the Secretary, Ministry of Food and others……..........Respondents Judgment October 27, 2004. Case......ation, direction or finding made in the said judgment regarding payment of port dues accrued on account of the vessel owned by the subsequent auction purchaser petitioner shall have any legal force or bearing and accordingly the Admiralty Court as well on an applicat..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....er the tenancy within 31-10-2007. It was further stated that there were various items of cloths in the shop and the same would be damaged and there was also no provision for attachment of the property when the respondent-opposite party No. 1 had been running the shop. 15. The Crimina....... Tafazzul Islam J Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen……&helli......so took possession of the shop from the possession of the respondent-opposite party No. 1 after preparing a seizure list of the goods found in the shop. On 19-09-2007 the Book society served a legal notice on the respondent-opposite party No.1 giving opportunity to surrender the tenancy wit..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
....vision Bench of the High Court Division dated 10-12-2001 in Writ Petition No.986 of 2000 making the Rule absolute and declaring that the order passed in Misc. Case No.2103 of 1995 treating the case property as an abandoned property is illegal and is of no legal effect. 2. The responde......) 39. ...... Petition No.986 of 2000 making the Rule absolute and declaring that the order passed in Misc. Case No.2103 of 1995 treating the case property as an abandoned property is illegal and is of no legal effect. 2. The respondents are the Writ Petitioners, they claimed that the property in..Category: Property Law | Date: | Hits: 49
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......Ameen J The State……........Petitioner Vs. Md. Rafique..........Respondent Judgment September 30, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. ......ommuting the sentence to imprisonment for life from sentence of death. He then submitted that the High Court Division failed to consider that the confessional statement of the petitioner being legal and voluntary having corroborated by other direct and circumstantial evidence the High ..Category: Criminal Law | Date: | Hits: 22
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....20 of the Penal Code are not attracted in respect of the transaction in the course of which the amount claimed by the respondent No. 2 has fallen due since there was no entrustment of any property and there was no initial deception to deceive the respondent No. 2. It was also the conten...... (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Alauddin ......................Appellant Vs. The State and another….........Respondents Judgment June 15, 2008. Lawyer Involve......alance amount would be paid in 6 equal monthly installments. The accused-appellant failed 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 payme..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
.....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 owner of the......ent: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Maksudun Nabi Joarder............Petitioner (In Civil Petition No. 1388 of 2007) Mrs. Hamuza Begum and others….Petitioners (In Civil Petition No. 454 of 2008) Vs. Md. Rafiq......he suit land and if the execution case is allowed to proceed the same will amount to violation of the order of status quo and that Rule was issued in Civil Revision No.4120 of 2006 to consider legality of order 8.8.2006 and 27.9.2006 by which the learned District Judge had adjourned hearing&..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....deration that the learned Joint District Judge, 1st Court, Rajbari as a final Court of fact rightly arrived at a correct finding in setting aside the judgment and decree of the trial Court on proper appreciation and assessment of both oral and documentary evidences on record and rightly set...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..Category: Property Law | Date: | Hits: 37
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