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Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......nd with the passage of time they began to sit on the suit land which was then lying vacant and then the defendant petitioner Nos.1-7 conspired to set up a market on the suit land and with that end in view they approached the authority concerned for allowing them to use the land of plot No. 260 inc..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... Tejkunipara High School now. Tejgaon Model High School, and on receipt of the order passed by the High Court Division the Board asked the leave petitioner to reinstate the writ petitioner in view of the direction given by the High Court Division in the writ Petition but the leave petitione..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......pleted and the petitioners are very much in possession of the lands in question. We therefore hold that the petitioners are entitled to be equally treated and in accordance with law. In such view of the matter, we hold the petitioners must either be given and alternative plots or will be g..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 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: 14 BLC (AD) (2009)115. ...... Division on a misreading of the Order VII, rule 1, CPC came to the finding that the plaintiff was barred by estoppel from raising the issue of locus standi of the respondent Nos. 1, 2, 5 and 15 in view of the statements made in the cause title of the plaint in the Admiralty Suit No.11 of 1007. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......lved from its responsibility to the consignor. Accordingly, the appeal is dismissed affirming the judgment and decree of the trial Court in Money Suit No. 3 of 1992 decreeing the suit. 8. In view of the above, we find no substance in the submissions of the learned Advocate for the pe..Category: Business or Commercial Law | Date: | Hits: 178
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......Khatun having been seen last with accused Shahjahan, recovery of Chapati and inculpatory confession made out an impregnable chain of evidence of murder committed by accused Shahjahan. 6. In view of the above, we find no substance in the submissions of the learned Advocate for the petitio..Category: Criminal Law | Date: | Hits: 52
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... 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: 14 MLR (AD) (2009) 312. ......ed by the writ petitioner and as such the writ petitioner was not required to procure such a clearance certificate from the Department of Environment. 6. In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......umstances of the case, which depended on the result of the prayers made for waiver in reference. 10. In the facts and circumstances of the case instead of granting leave, we are of the view that it will be just and fair if an order is passed for hearing and disposal of the appeals by..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......, instructed by Bivash Chandra Biswash, Advocte-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For respondent No. 1. Not represented-Respondent No.2. Criminal Review Petition No. 16 of 2008. (From the judgment and order dated 17.04.2008 pas..Category: Criminal Law | Date: | Hits: 44
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......t Judgment December 4, 2008. Lawyers Involved: Syed Mahabubur Rahman, Advocate-on-Record-For the Petitioners. None represented- For Respondents. Criminal Review Petition No. 25 of 2008. (From the judgment and order dated the 5th day of June, 2008 ..Category: Criminal Law | Date: | Hits: 47
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......ed Additional Sessions Judge has rightly passed the impugned order of conviction and sentence after assigning cogent reasons and on discussion of pros and cons of the whole case. 9. In view of the materials on record and in the light of the discussion made above, we are of the view ..Category: Criminal Law | Date: | Hits: 57
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......r of the company of the informant. 6. Facts remain that the accused No. 1 is the owner of the alleged stolen goods and the car, the blue-book of which stands in her name. 7. In view of the above, it appears that under the aforesaid circumstances the High Court Division found ..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......the suit land could have made a prayer for local investigation but such prayer cannot be entertainable by the executing Court, as the executing Court cannot go behind the decree. 6. In view of the above, we find no substance in the submissions of the learned Counsel for the pet..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....ssessing the said land. In view of such categorical assertions and evidence as adduced by them onus squarely lies upon the plaintiffs to prove that the R.S. and S.A. record of rights were prepared erroneously in the name of Rupjan Bibi in order to rebut the title particularly to rebut the presum......S. and S.A. record of rights was prepared in her name and she took over possession to the said land and thereafter her successor-in-interest, the defendants, have been possessing the said land. In view of such categorical assertions and evidence as adduced by them onus squarely lies upon the pla..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... we find no 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) 600. ...... specific findings of the trial Court have not been reversed by the power appellate Court exercising its appellate jurisdiction under Order XLI, Rule 31 of the Code of Civil Procedure. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitio..Category: Property Law | Date: | Hits: 27
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......f the said final decree Agrani Bank started Artha Rin Execution Case No.141 of 2002 in the same very Court wherein attempt was made for selling the mortgaged properties in auction with a view to realize the decretal amount with interest and costs but that attempt failed due to non..Category: Civil Law | Date: | Hits: 103
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......ict. 6. On the other hand before the aforesaid amendment the plaintiff of Title Suit No.1 of 1967 has already put the decree into execution in Title Execution Case No.18 of 1984 with a view to obtain necessary kabala in pursuance of the decree. In the said execution proceedings ..Category: Property Law | Date: | Hits: 25
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......stion of fact which cannot be thrashed out in writ jurisdiction and so the best course open to the petitioner was to file appeal under section 42 of the VAT Act, 1991. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ed the same on the appeal filed by the petitioner and the High Court Division also affirmed the same. 9. A learned Single Judge of the High Court Division in her well considered view found that the petitioner caused some mischief in the suit property causing serious prejudice ..Category: Property Law | Date: | Hits: 22
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....d no substance 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) 581. ......harging the Rule are unjust, improper and is liable to set aside. The learned Counsel further submitted that the Advocate Commissioner was able to well define the land in suit does not hold good in view of the findings that the Advocate Commissioner could not accomplish his duty as per direction ..Category: Property Law | Date: | Hits: 30
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