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Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ...... 4. The trial court dismissed the suit and on appeal, the suit was sent back on remand for fresh hearing. The defendant as against the order of remand moved the High Court Division in revisional jurisdiction and a Rule was obtained in Civil Revision No. 358 of 1989. The High Court Division aft..Category: Property Law | Date: | Hits: 106
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......bsolute and restored the order passed by the Board of Revenue holding that the order dated 7.7.1987 passed by the Government confiscating the vessel imposing fine was illegal and without jurisdiction. 4. The learned counsel appearing for the appellants submits that the High Cour..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......eed dated February 10, 1962 he went into possession on the land in suit and that is in possession of the land in suit. 6. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction. The High Court Division discharged the Rule on the finding that the finding made by t..Category: Property Law | Date: | Hits: 24
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......r submits that the appellant having complained that there was a duty upon the respondents to grant permission to carry insurance business and by denying the permission the respondents acted without jurisdiction and as such the High Court Division ought not to have discharged the rule. 10. We ..Category: Business or Commercial Law | Date: | Hits: 81
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......pellate Court dismissed the appeal and thereby affirmed the order of the Court of Assistant Judge passed on 26.8.2003. 6. The plaintiff moved the High Court Division in revisional jurisdiction against the judgment of the appellate Court passed in Miscellaneous Appeal No.171 of 2..Category: Property Law | Date: | Hits: 20
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ...... suit. Being aggrieved thereby the plaintiff being the Additional Deputy Commissioner (Revenue) in charge of the vested and non-resident property, Dhaka moved the High Court Division in revisional jurisdiction and obtained the Rules. The defendant No. 12, Secretary, Rahmat-E-Alam Islam Mission a..Category: Property Law | Date: | Hits: 48
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......e submissions made on behalf of the appellant that the High Court Division committed error of law, in failing to consider that while taking cognizance the learned Tribunal exercised the jurisdiction given in second proviso to Section 27(1) of the Ain most arbitrarily without holding a..Category: Criminal Law | Date: | Hits: 41
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....sted in the result of the suit. If it is felt necessary for determination of the real matter in the dispute the court may decide any person to be added as party in a suit and this is in fact a discretionary power of the court. The discretion is, however, to be exercised judicially....... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..Category: Property Law | Date: | Hits: 24
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......t petition. The contention is purely a question of fact as to whether the appellant by concealing the actual production evaded VAT or not and such a question of fact cannot be decided in writ jurisdiction, 6. Leave was granted to consider the submission that the High Court Divis..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......e and thereupon reversed the judgment and decree of the trial Court and dismissed the suit. The plaintiffs as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule. It was contended before the High Court Division on behalf of the p..Category: Property Law | Date: | Hits: 19
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......ying the operation of the order dated 26.11.2002 and by order dated 8.3.2002 the said prayer was rejected. As against that the plaintiff respondent No.1 moved the High Court Division in revisional jurisdiction and the High Court Division, without issuing Rule, by order dated 25.3.2007 passed in ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......on 42(2) of the VAT Act and that statutory period for disposal of the appeal having had expired the only conclusion that follow is that the appeal has been allowed and as such tribunal had no jurisdiction to proceed with the hearing of the appeal. It was also the contended since the appella..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ......efendants preferred the appeal being Title Appeal No. 348 of 2000 and the appellate Court allowed the appeal and dismissed the suit. The plaintiffs then moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was made absolute. 5. We have heard Mr. Md..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......ereby erred in summarily rejecting the writ petition. He lastly submits that the decree being in preliminary form, the suit remained pending and thus the Artha Rin Adalat had the jurisdiction to consider the application for stay under section 44 of the Act and to grant installm..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......reed the suit. On appeal being Title Appeal No. 6 of 1990, the court of appeal allowed the appeal and dismissed the suit. Being aggrieved, the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......not only tantamount to illegal exercise of power by colourable assumption of law but also amounts to total disregard shown to the rights of the writ-petitioner which is obviously malafide and without jurisdiction. 8. The High Court Division further held that the writ-respondents in violation of t..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... on the plea that he took lease of the same from the Government. The writ respondent No. 1 dismissed the case, against which the writ petitioner unsuccessfully moved the High Court Division in Writ jurisdiction. 3. Leave was granted to consider the submission that Title Suit No. 984 of 198..Category: Civil Law | Date: | Hits: 119
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......Miscellaneous Appeal No. 24 of 1994 the appellate court allowed the appeal and reversed the judgment of the trial court. Being aggrieved, the pre-emptor moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing made the Rule absolute. 5. We ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......rial Court and such judgment being not a proper judgment of reversal to the serious prejudice of the petitioners occasioning a failure of justice the High Court Division has not properly exercised jurisdiction under section 115(1) of the Code of Civil Procedure to achieve justice in the Case of ..Category: Property Law | Date: | Hits: 41
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... Nilphamari constituted under the provisions of Artha Rin Adalat Ain, 2003 and renumbered as Money Execution Case No. 84 of 2003 on 27.04.2003 which is totally illegal and the proceeding is without jurisdiction as suit under trial can only be transferred to the Court of Artha Rin Adalat Ain, 2003..Category: Civil Law | Date: | Hits: 89
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