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....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......e of the petitioner North South Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided ..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......he petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 and ..Category: Procedural Law | Date: | Hits: 66
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......., reported in 1 (1992) BC 487. The learned Advocate contends that these two decisions indicate that in Banking transactions Bank-guarantee may be construed cash money and following the principles of law enunciated in these two decisions he submits this Memorandum of Appeal may be accepted as there ..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......reau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......he impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Fiscal/Taxation Law | Date: | Hits: 91
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......any willful negligence of the petitioner and if delay is not condoned the petitioners will suffer irreparable injuries. In support of his arguments the learned Assistant Attorney-General cited a case law reported in 1986 BLD (AD) 180, Bangladesh Vs. Jaheruddin and 1 BLC 105 Government of Bangladesh ..
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....he impugned decision occasioning failure of justice. Having given my anxious consideration I am of the opinion that the learned District Judge is permitted to invoke his authority of general power of amending any defect or error in any proceeding which arose out of a suit. The appeal is a continuati......defendants moved this Court and obtained the present Rule. 4. Mr. M Enayetur Rahim the learned Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original pr..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......troleum Marketing Co. Ltd. and others……………Appellants Vs. MF Limited and others...............Respondents Judgment May 7, 2001. Lawyers Involved: Md. Abdus Samad, Bar-at-law with Mustafa Adil, Advocates—For the Appellants. Md. Ozair Farooq with Sadikun Naher, Advoc..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......sed persons including the convict-petitioner under Section 9(4) (kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was framed against the accused-petitioner under the same provision of law. 4. The defence case is that the accused-petitioner is innocent and he has been falsely impli..Category: Criminal Law | Date: | Hits: 56
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ....... We are of the view that it would be fair if both the applications are placed before Respondent No.6 along with all relevant documents and reports for his perusal and decision in accordance with law." 4. Accordingly the matter was considered by the Ministry of Commerce and as the aforesaid t..Category: Others | Date: | Hits: 74
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......d plot No. 246 and are possessing the suit land constructing dwelling house and shops and the defendants with 5-6 persons tried to enter and dispossess the plaintiff on 05.09.2001. The defendants are law breakers as well as powerful with sufficient manpower. They may dispossess the plaintiff from ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605....... affirmed those of the Court of appeal below. 6. Mr. M. M. Abdul Quayum, learned counsel appearing for the petitioners contended that the learned Single Judge of the High Court Division erred in law in affirming the judgment and order of the Court of appeal below in failing to consider that the..Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604....... the holding after purchase, the pre-emptors are not entitled to pre-empt the case holding as they arc not the co-sharers by purchase and thus, the learned Judge of the High Court Division erred in law in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that..Category: Property Law | Date: | Hits: 22
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......th the prayers made by the learned Advocates for the parties. 6. Learned counsel appearing for the plaintiffs-petitioners argued that the learned Single Judge of the High Court Division erred in law in directing the trial Court to allot saham in favour of the heirs of defendant No.20 in faili..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......ose of the trial Court by setting aside those of the Court of appeal below. 4. Learned counsel appearing for the petitioner contended that the learned Judge of the High Court Division erred in law in interfering with the judgment of the High Court Division in failing to notice that the plaint..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......d others. The said suit was decreed on 28 February, 1987 in favour of the respondents which was obtained collusively, and the petitioner on coming to know about the collusive decree removed the panel lawyer of the Vested Property authority, and thereupon, obtained the necessary papers and ascertai..Category: Limitation Law | Date: | Hits: 149
National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)
....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......ndents to assess and release the goods imported by the petitioner under letter of credit No.222008010297 dated 15.07.2008 covered under bill of entry No.C-112780 dated 22.10.2008 in accordance with law. 3. The writ petitioner stated in the writ petition that the petitioner applied for registr..Category: Fiscal/Taxation Law | Date: | Hits: 73
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......e riot in 1947 and he never returned back. Under such circumstances, the suit pond vested in the Government as khas lands and accordingly it was recorded in M.R.R. khatian No.1 in accordance with law. The plaintiff has no right, title, and interest in the suit property. The alleged deed of gift ..Category: Property Law | Date: | Hits: 26
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
...... and since the Court of Appeal below having misread the evidence the High Court Division ought to have looked into the matter and non-consideration of the said aspect the High Court Division erred in law. The learned Counsel further submitted that the since the trial Court having found the plaintiff..
Category: Property Law | Date: | Hits: 58
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......ry as opined by the High Court Division is unnecessary for the purpose of considering the legality of the actions of RAJUK and therefore, the judgment of the High Court Division is not sustainable in law. 5. It appears that there is no mention of plot number either in Annxure-A or in Annexure-K. ..Category: Property Law | Date: | Hits: 23
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