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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. ......iously barred by limitation. The learned Counsel further submitted that the gift by Shabait to the defendant Nos.1 and 2 being to persons in line of succession to the office of Shebait being valid in law, the Courts below committed illegality in declaring the said gift Ext.Cha, executed on 13.01.1..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......Charterjee (said to be dead) and the petitioner having acquired the right, title and interest of said Provabati Chaterjee by auction purchase on 14.03.1955, the plaintiffs/respondents are estopped by law under section 115 and 116 of Evidence Act from setting up any claim of title and/or denying the ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......n acted on unfounded assumption that other defaulting borrowers, who were similarly placed with the respondents, have obtained the benefit of exemption of interest; the High Court Division erred in law in misconstruing and misunderstanding Bangladesh Bank Circular dated 7.10.91 to the effect that ..Category: Banking Law | Date: | Hits: 98
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......port in so far as it links the petitioner to the pro-forma respondent (Quasem Cotton Mills Ltd.) and its liabilities to the respondent Nos.2,3,4 and 5 should not be declared to have been made without lawful authority and is a nullity." 3. The petitioner is a share-holder of respondent No...Category: Business or Commercial Law | Date: | Hits: 216
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. ......d. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat of Sylhet town and that the petitioner Md. Enam Hossain was lawfully appointed as mutwalli on 31.01.2000 of the said Waqf Estate and he is performing his functi..Category: Trust/Waqf Law | Date: | Hits: 200
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. ......ame 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, whether concurrent or not, arrived at ..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.......ing the Rule absolute and allowed the writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and in the light of the aforesaid decision of the Appellate Division the company can lawfully co..
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. ...... and Memo No. RAJUK/Estate 2827 Sta: dated 14.08.2003 issued by the respondent No.5. Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- ..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.......he government, during the period of his service in the Ministry of Irrigation, Flood Control and Water Resource, wherefrom the respondent No. 2 was made to retire from his service, in accordance with law, when he already completed duration of his service and he was paid all the service benefits afte..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......ed. 13. He further submits that the lower appellate court has not erred in allowing the appeal and thereby setting aide the judgment of the trial court and the High Court Division has not erred in law in affirming the judgment of the High Court Division and as such the civil appeal may kindly be ..Category: Property Law | Date: | Hits: 33
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. ......nd as such the land of the original owner could not be declared as abandoned property and as such the inclusion of the property in the 'Kha' list of abandoned building has been done without any lawful authority and the same is of no legal effect and leave was granted to consider the submissi..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......1999 allowed the appeal and reversed the judgment and decree of the learned Assistant Judge on the finding that the judgment and decree arc liable to be set aside as was not made in accordance with law. The plaintiffs totally failed to prove their case by collateral oral and documentary evidence..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. ......e rule absolute believing that the oral gift made to the respondent was genuine and the respondent was the daughter of the original allottee, Manzur Ahmed. It further observed that under the Muslim law an oral gift need not be registered. In fact the oral gift made by the father was reduced to wri..Category: Property Law | Date: | Hits: 31
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......g the Rules absolute upon declaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as Pre-shipment Inspection Agencies to have been passed without lawful authority and of no legal effect.
2. In Writ Petition No.3475 of 2002 the writ-petitioner ..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......er Case of the similar subject matter. Bail may be granted when the accused has served substantial portion of sentence already and the appeal could not be disposed of within the time prescribed by law. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Mrs Sufia Khatun, Advo..Category: Anti-Corruption Laws | Date: | Hits: 143
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. ......rruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- Anti-Corruption Commission vs Dr HBM Iqbal Alamgir, 15 BLC (AD) 44. ..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.......rdance with section 45(4) of the First Statutes of Dhaka University Order, 1973 but in the instant case the appellants had neither shown any grounds nor constituted any tribunal as per the relevant law. The learned Advocate further submitted that as per section 45(5) of the First Statutes of Dhaka..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... prayer of the appellants made at this belated stage to allow them to determine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and u..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... been framed after pronouncement of the judgment in the case of Masder Hossain and at the instance of the Appellate Division of the Supreme Court. This position, as per law, cannot be changed without amending the relevant laws inasmuch as no other interpretation can be given to the "laws and rules" ...... of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by this common judgment.
2. These two appeals are directe..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......r. We have also perused the provisions of section 96 of the State Acquisition and Tenancy Act. It appears that the provisions for pre-emption under the State Acquisition and Tenancy Act are a special law and specific time frame has been given for making application for pre-emption. There is also pro..Category: Property Law | Date: | Hits: 63
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