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Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ...... the agreement ought to have been executed on the date of registration of the sale deed and that after the execution of the sale deed, an unregistered agreement was created by the pre-emptee with a view to defeat the right of preemption. The Court of appeal below therefore held that the transact..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......etitioners in Civil Petition No. 129 of 2009 made identical submissions to the effect that the plaintiffs having entered into an agreement to purchase a shop which was under construction and in view of his failure to pay the installments the landlord having cancelled his allotment and the plai..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......ent to the Government; that on 03.01.1990 these defendant-appellants came to know that their mutation case has been cancelled and the Khatian has been restored; that the plaintiff-respondents filed Review Case No.76/90-91 against which the defendant-appellants filed Miscellaneous Case No.28 of 1992 ..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....spondent Nos.1 to 6 and respondent Nos.28 to 36 were monthly tenants in respect of the suit premises and the High Court Division has failed to take into consideration and thus acted illegally and erroneously. He further submits that the High Court Division acted illegally and contrary to law in ......ation of the delay." 10. Hassan Ariff, the learned Advocate appearing for the appellant in Civil Appeal No. 178 of 2002 and respondent No.1 in Civil Petition Nos. 94-95 of 2005 submits that in view of the clear admission in the plaint that the predecessor-in-interest of the plaintiff-responde..Category: Tenancy Law | Date: | Hits: 185
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......curity money as required under the Nitimala and therefore his very application was not in proper form. Moreover the petitioner does not have any right to get the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed..Category: Property Law | Date: | Hits: 26
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......te appearing for the respondent No.1 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. The learned advocate submits that in view of the fact that the respondent No.1 who has been appointed as joint mutwalli of the Waqf Estat..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......recorded in the name of the defendant No.1. The boundary as described in the plaint is incorrect and unspecified and without holding local investigation the plaintiff can not get any relief. With a view to causing loss to the defendant the plaintiff by withdrawing earlier suit instituted the insta..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ssment of the evidences on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power the finding of facts, whe..Category: Property Law | Date: | Hits: 37
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......on of the county. An individual businessmen's claim cannot be entertained by stampeding the desire of the common people and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting license to the a..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......tenders submitted by the tenderer including that of the petitioner on 06.09.2001 in presence of the bidders the petitioner was found to be the highest bidder for the said plot. It is stated that in view of clauses 2.2 and 2.3 of the tender notice the earnest money of the unsuccessful bidder was ..Category: Limitation Law | Date: | Hits: 154
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......rror in the decision.
6. The learned Advocate on record appearing for the petitioner further submitted that the impugned order of the High Court Division is illegal and not sustainable in law in view of the admitted facts and circumstances of the dispute and the legal position.
7. As it is..
Category: Labour and Industrial Law | Date: | Hits: 110
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......pplication for release of the property from the list vide Settlement Case No.132 of 1996 pending in the Court of Settlement for disposal. 6. It was submitted on behalf of the appellant that in view of the fact that after the emergence of Bangladesh the original Syed Nazir Ahmed opted for Paki..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... of Mohammedan Law an undivided share of unusable property capable of division may be lawfully transferred by Heba-bil-Ewaz and as such the Heba-bil-Ewaz deed No. 37889 is valid and thereby made an erroneous decision occasioning failure of justice. It is also submitted that the High Court Division......hatian No.24 described in the schedule 'A' of the plaint. Late Munshi Imamuddin Dewan had also 16th share in the amount of Tk. 11,728.18 which was collected on the basis of succession certificate. In view of the fact that Munshi Imamuddin Dewan was entitled to 16th share of the property of late Md. ..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......rty by operation of law but such finding of facts was not set aside by the High Court Division in writ jurisdiction and on the plea of a gift by Manzur Ahmed the Rule was made absolute. 13. In view of the oral gift in favour of his daughter which was not proved by evidence the High Court Di..Category: Property Law | Date: | Hits: 31
.... 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 (2010) 65.
......cannot be disregarded and as such the detention of the goods and subsequent act of seizure of the imported goods were illegal.
6. Therefore, in the facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct as..
Category: Fiscal/Taxation Law | Date: | Hits: 253
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......fan but he is restrained permanently from using the words "BISCIC Tongi" or বিসিক টঙ্গী on the body of the fan or the packages/cartoons of the said fans. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Intellectual Property Law | Date: | Hits: 211
....dered by the PSI Agency as Survey Agency is liable to be charged with VAT under the service Code S020.00 of the VAT Act, 1991 and in the facts and circumstances of the case, the High Court Division erroneously held otherwise and thereby made the Rule absolute illegally and that in paragraph 6 of t......ous term has not included service of PSI Agency for levying VAT, that PSI Agency and 'জরিপ সংস্থা’ are not synonymous and as such both can not be placed on the same footing in view of the legal terminology in the Customs Act and the PSI Order, that PSI Agency is not engaged i..
Category: Fiscal/Taxation Law | Date: | Hits: 95
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......ential relief under section 498 on an application for anticipatory bail. The reasons of these respondents-petitioners for anticipatory bail are misconceived and has no legal footing. In that view of the case, this leave petition is disposed of and Criminal Miscellaneous Case No. 27555 of 20..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......o seek remedy from a Court of law, he is required to submit to the due process of the Court and unless he surrenders to the jurisdiction of the Court, the Court will not pass any order in his aid. In view of the above, the learned Judges of the High Court Division illegally entertained the writ pe..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... March 17, 2009. The Dhaka University Order, 1973 (President's Order 11 of 1973), Article 52 An appointment made by a legally constituted committee under Dhaka University Order, 1973, can be reviewed and set aside only by a superior committee legally constituted when such appointment is termi..Category: Employment/Service Law | Date: | Hits: 68
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