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Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......f-respondent filed the suit asserting, inter alia, that Abdul Hakim Chowdhury was the sole owner of the suit property.  The two wives and two sons of Abdul Hakim Chowdhury died during his life time.  The first wife died leaving Abdul Hakim Chowdhury as husband and Sultan Ahmed Chowdhur......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 97

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....diction) Present: Nozrul Islam Chowdhury J SM Emdadul Hoque J Moyez Uddin Sikder and others…………………………………Accused- Petitioners (On Surrender) Vs. The State, represented by the Deputy Commissioner, Khulna……………… Opposition Party. Judgment......learned Counsels, as aforesaid, April 2, 2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no difficulty, for the time being, to proceed with the business of the Court touching the Criminal Procedure Code as usual,......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....rney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......way to hospital the victim died at about 5.30 A.M. Thereafter they returned back home with the dead body. There was village conflict between the accused and victim and the accused attempted several times to kill the victim earlier but could not succeed. However, the accused are of same group joi......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..

Category: Criminal Law | Date: | Hits: 68

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....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) 981.......esponding to 13th Magh, 1379 B.S. at a consideration of Tk. 3000/- without serving any notice of transfer. The pre-emptor respondent No. 1 only came to know about the kabala in question for the first time on the 6th Ashar, 1388, Banglashal from Rustum Ali Munsi in presence of Naushed Sikder and Musl......ls 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) 981.......ls 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) 981...

Category: Property Law | Date: | Hits: 61

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

....any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......e Ain, 2003 provides that the Artha Rin Adalat on its own initiative or on the basis of the appli­cation of the borrower can deduct the value of the goods shown, any, by the borrower at the time of decreeing the suit. In the instant case, the value of the pledged goods, if any may be con...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..

Category: Civil Law | Date: | Hits: 152

Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)

....terfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ....... The point for consideration was that whether the case was barred by limitation. All the Courts held that the pre-emption case was not barred by limitation as the pre-emptor filed the case within time from the date of his knowledge. The High Court Division further held that the document Ext. 4 ...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ..

Category: Property Law | Date: | Hits: 44

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

....y;ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ...... virtue of that present respondent got into possession of the land. Subsequently they acquired their title to the land by regis­tered kabala dated 29.11.1984, 30.11.1984 and 01.12.1984. At the time of their pur­chase of the land there was already in existence a flat roof tin shed. They m......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..

Category: Property Law | Date: | Hits: 87

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....asis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. .......1 as claimant filed a statement of claim, claiming Tk. 202,47,32,385.00/-, over and above the agreed contract price of Tk. 33,61,46,298.00/-. As such the respondent No.1 was claiming over 6 (six) times the original agreed contract price. In the statement of claim the respondent No.1 claimed, in......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....erit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... died leaving the defendant No.1 and the minor children defendant Nos. 2-4, and the defendant No.1 having had approached the school authority for allow­ing them to stay in the premises for some time the school authority permitted the defendants to stay temporarily in the premises in suit, th...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..

Category: Property Law | Date: | Hits: 82

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

.... is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930....... order, the charge of Mutawalli to the respondent No.1; earlier during the pendency of proceed­ing under section 32 of the Ordinance the respondent No.9. the sole Mutawalli, remained abroad for long time and there­by a dead-lock was created in the management of the waqf estate and so the peti­tio......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....se and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......of no legal effect. 18. Town Improvement Act, 1953 was enacted in the year 1953 and Section 93A was inserted in the said Act by East Pakistan Ordinance No. 49 of 1953 and the same was amended from time to time. Section 93A (1) runs as under: "93A(1). Requisition of property for any sc......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

....we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......e deed upon receiving the balance of the consideration money TK. 3,25,000/- from the plaintiff within 7 months from the date of execu­tion of the agreement dated January 5, 1977 and during that time she would obtain the Income Tax clearance Certificate and would also complete the other forma...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......d as contemplated by the Act or when no such enquiry and investigation has at all been undertaken by the Customs Authority. The former begins when the latter has ended or did not at all start and the time for holding the enquiry has expired. The time for such enquiry and investigation under the Cust......ontainers. Section 200 provides that owner to make all arrangements and bear all expenses for opening and unpacking, etc. Section 201 provides procedure for sale of goods and section 202 provides for recovery of Government dues. Section 218 provides for notice of proceedings without which no proceed...... under the orders of the appropriate officer: Provided that— (a) animals and perishable and hazardous goods may, with the permission of the appropriate officer, be sold at any time; (b)arms ammunition or military stores, may be sold or otherwise disposed of at such time and placed and..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)

....ounsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......s not applicable  in the instant case and that there is no independent witness and non considering the evidence of Pws.8 and 9 who are independent and seizure list wit­nesses and declined recovery of any arms and failing to find that the prosecution failed to prove the case beyond reaso......im. Constable Ashraf Ali, Constable Omar Ali, Constable Moksedur Rahman and Constable Bimal Chandra got secret informant on 13.05.2000 at 11:45 A.M. that 6/7 miscreants have assembled with illegal arms to commit some cognizable offence at Section 13 by the side of Opex Garments under the leaders..

Category: Criminal Law | Date: | Hits: 120

Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)

....is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ...... the P.W.1 and P.W.4 in respect of the arms recovered from the convict-petitioner and also in not considering the depositions of the wit­nesses to the seizure list, who denied to have seen the recovery of arms from the convict-petitioner and that the seizure list witnesses P.W.6 and P.W.7 in......(f) of the Arms Act and the sentence to run concurrently. 2. The convict-petitioner was appre­hended on 07.09.1999 after exchange of fire in an encounter with the police along with fire arms and ammunitions and accordingly the seizure list was pre­pared and an F.I.R. was lodged be..

Category: Criminal Law | Date: | Hits: 155

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

.... In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......ision of the authori­ty. The petitioner found the above major discrepancies in the checking and offering sheet and documents were placed to the Deputy General Manager for his decision. At that time the Managing Director of M/S. Lokpur Fish Processing Company Limited was sitting in the chambe......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423

M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)

.... interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......hittagong, against the defendant for recovery of Tk.39,71,334/-contending, amongst others, that the defendant, though enjoyed the loan facili­ties from the bank, failed to repay the same within time or thereafter, inspite of repeated demands made for repayment. The suit was decreed for Tk.39,......sing the Execution Case on the ground of limitation. 3. The Islami Bank Limited as plaintiff filed Artha Rin Suit No.02 of 2005 in the Artha Rin Adalat, Chittagong, against the defendant for recovery of Tk.39,71,334/-contending, amongst others, that the defendant, though enjoyed the loan f......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..

Category: Civil Law | Date: | Hits: 99

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....it in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......e bank as security and apart from that the said  Managing  Director and other Directors of the Borrower Company also stood guarantors for the repayment of the loan within the stipulated time, for which several agreements were executed in between the bank and the borrower com­pany ......on Case. 3. Facts relevant in the instant case are that the respondent No.3 bank instituted Artha Rin Suit No. 56 of 2004 in the Artha Rin Adalat, 2nd Court, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..

Category: Civil Law | Date: | Hits: 140

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

....therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ...... that the land as described in 1st, 2nd and 3rd schedule of the plaint belonged to two brothers, Md. Anis and Md. Torab in 8 annas share and that Md. Torab was married to one Nasira Banu and at the time of marriage a portion of the suit land was transferred to the said Nasira Banu in lieu of dow......hat the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirma­tion of possession in......ved 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) 862. ..

Category: Property Law | Date: | Hits: 41

Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)

.... MicrosoftInternetExplorer4 Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Na......e party No. 1 being away from home, his employee Nur Ahammed Khan accepted the delivery of possession on his behalf, and that the market value of the lands covered by three sale deeds at the relevant time was around Tk.19,000/- but there was no payment of any consideration money against the sales an......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ..

Category: Property Law | Date: | Hits: 33