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M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... 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) 1019. ......hy;larly in paragraph Nos.3 and 4 thereof, spe­cific instances of defamatory acts of the respondent Nos. 1 and 2 and in not consid­ering at all the evidence, both oral and doc­umentary, recorded in the judicial enquiry. The learned Advocate further submitted that the High Court Divisi...... 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) 1019. ..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....ent the Madrasa has in total 298 students in Dakhil and Alim classes and 217 students in different Ebtedai Classes (from class I of V). The total number of students of the Madrasa now 515. It has a good Library and there is no other Madrasa within 17 Km radius of the Madrasa. There are at presen......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ...... petition. 3. We have perused the impugned order, the writ petition as well as the leave peti­tion and considered the submissions of the learned Advocate. 4. From the materials on record, it appears that the defendant appellant, subsequent to issuance of the letter communicatin......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......roper management of the property was declared by decree passed by Subordinate Judge 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by the Sebayet. The C.S. record was rightly prepared and published in the name of Roy Bahadur Karuna Das Bose on behalf of th......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

....e or possession over the land of the said three plots. The defen­dants have possessed the land of aforesaid three plots for more than 12 years openly and uninterruptedly. So they have acquired good title by way of adverse possession besides their other right by settle­ment. The plaintiff......or declaration of title, recovery of possession of the suit land after demolish­ing the structures thereon and for mense profit and permanent injunction alleging, inter alia, that the suit land recorded in C.S. Khatian No.361 of Mouja Uttardihi, under police station Fultali belonged to Sabed......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......ior Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon cor­rect assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ...... petitioners. The authority concerned (Land) received lease money and huge amount of compensation money vide D.C.R. No.090451452 dated 22.11.2004 from year to year from the petitioners properly and recorded as pos­sessors of the shrimp khas land. On 19.07.2004 the petitioners applied sepa&sh......y profession from their fore-father. On 21.10.2004 Rezaul Karim son of Alhaj Delwar Hossain who resides far away from the suit land and he is not shrimp cultivator by profession, he is a Government service holder who is not competent to get lease of shrimp khas land measuring 0.10 acres of land ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......laintiff constructed houses thereon though her bharatias on the basis of the right of adverse possession acquiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing reg......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......1 through registered sale deed dated 17.03.1993, alleging, amongst oth­ers, that the name of mother of defendant No.2 Korfulennessa being a co-sharer, through whom he inherited, appears in the record of right along with the names of the plaintiffs and that through an amicable partition ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......t thereon to defendant No.1 Khairunnessa and Mohammad Mia by registered Kabala dated 19-10-1955 and delivered possession to them. During S.A. operation this .36 acres of land of suit plot No.1661 was recorded in the name of Mohammad Mia and his wife defendant No.1 Khairunnessa and they paid rents fo......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..

Category: Procedural Law | Date: | Hits: 105

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......d-interim order was extended by orders dated 15th March, 2009, 25th March, 2009, 16th April, 2009 and 12th October, 2009. In the meantime the writ petitioner moved another application calling for the record of Special Case No.19 of 2007 from the Special Judge, Court No.1, Dhaka. The learned Judges o......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)

....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......d the judgment and order of the High Court Division and other materials in the paper book. The Judgment and order of the High Court Division has been passed upon due consideration of the materials on record. In the facts and circumstances of the case, we are of the view that the High Court Division ......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ..

Category: Civil Law | Date: | Hits: 109

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......sion disposed of the Rule with the directions stated above. 4. 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 dec......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ther registered deed dated 05.06.1957 soldO.9 acre of land in favour of Rawsraj Banik and handed over possession in his favour who, thus, became owner in the said 0.34 acre of land and the land was recorded in his name in SA. Khatian; that thereafter, Rawsraj Banik died leaving behind two sons n......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..

Category: Property Law | Date: | Hits: 99

M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)

....at the rate of US$ 41.00 per metric ton as per Invoice No.990918A-D dated 15.09.1999 and 990917A-F dated 15.09.1999 issued by M/S. Shun Shing Trading Limited, Hong Kong. The H.S. Code number of the goods is 2523.29. Out of the aforesaid 17,500 metric tons of Cement the petitioner submitted Bill ......tial item for construction of building and is violative of fundamental right as per Article 31 read with Article 8 and 15 of the fundamental principle of state policy. 4. It appears from the record that the petitioner challenged the imposition of 15% supplementary duty and 4% flood surcha...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......i.e. P.Ws 1 and 2, the appellate Court came to the conclusion as to exclusive possession of defendant-petitioner effecting the registered deeds of gift. The High Court Division without materials on record treated the same as joint possession traveling beyond the revisional jurisdiction and there...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....hman alias Meshbahur Rahman is the Executive Director and accused No. 3, Jaglul Karim is a Director, and in accordance with their business dealings, the complainant petitioner supplied aluminum steel goods worth Tk. 2,36,00,000/-, against which two bills were submitted, each for Tk. 1,18,00,000/-, a......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......condition for making demand for payment within 15 (fifteen) days from the date of dishonour of cheque as per proviso-B of Section 138 of the Negotiable Instrument Act, 1881 and further there being no service of legal notice no question of effective demand in the eye of law is in existence and in the..

Category: Criminal Law | Date: | Hits: 163

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......other Budhai and sister Kulsum died leaving behind her son Khadem Sarder, Panchu Moral died leaving behind his only son Jongal Moral and during C. S. operation, the land of C. S. Khatian No.254 was recorded in the names of Barik and Khadem Sarder in equal shares and Jongal Moral being elder in ag......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..

Category: Property Law | Date: | Hits: 90

Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)

....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. .......R page 221 in case of Nazrul Islam Chowdhury Vs. The State that due compliance of law has not been done. 5. We find substance in the submissions of the learned Advocate on the materials on record and in view of the submissions, the case be send back to the court below for  holding t......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ..

Category: Criminal Law | Date: | Hits: 126

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......rved upon the defendant-petitioner through Process Server, etc. 5. Trial Court dismissed the case on consideration of evidence of the witnesses examined by both the parties and materials on record. Being aggrieved, the defendant-petitioner preferred Miscellaneous Appeal No. 24 of 1997 bef......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143