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Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... permanent injunction and obtained an order of temporary injunction therein, that the decision made by the Courts below that the suit was barred under section 11 of the Code of Civil Procedure was totally misconceived since the question of permissive possession of the defendants on the...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... and thereupon holding that the judgment and decree of the trial Court does not call for interference dismissed the appeal. 6. The plaintiff moved the High Court division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of materials on record..Category: Property Law | Date: | Hits: 82
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....and the scribe handed over the said agreement to the plaintiff on December 30, 1977 and the defendant No.1 executed the second agreement on January 23, 1978 on receipt of TK. 2,30,000/- out of the total consideration money TK. 6,75,000/-. In the second agreement the defendant No.1 undertook to e...... the evidence of independent and corroborative witness, that the signature in Ext.1 was obtained by force by the plaintiff and thereupon decreed the suit. 20. The High Court Division in the absence of any corroborative evidence from the side of the defendant held that the signature of the...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....rounds of his belief. The Court after considering the contention concluded: "But in our view, section 105 of the Act and section 165(1) of the Code of Criminal Procedure are intended, to meet totally different situations. While under section 105 of the Act the Assistant Collector of Customs ......ntemplated such ouster of jurisdiction of the Customs department upon making similar claim by the Bureau of Anti-Corruption there should have been express provisions in the Customs Act itself. In the absence of any such express provisions would it be assumed that the provisions of Clause (4) in the ......l Procedure are different. The Police officer has not been given any function under the Customs Act..............(35) The Customs Act, 1969 (IV of 1969, Section 156; Anti-Corruption Officer's jurisdiction is attracted only when the offence is committed.............(41) Scheme of the Cust..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....বেন” From this decree it is very much clear that the Artha Rin Adalat though allowed the writ petitioner to pay the decreetal amount in 4 equal installments within total period of 1 year but did not mention any time limit for payment of any of these installments ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....oan amount was disbursed in between 30.12.1986 and 20.01.1991 and that the Textile Mills Unit went into operation in August, 1988. It was stipulated that the foreign currency loan amount out of the total loan amount was to be paid back in 15 half-yearly installments effective from 30.06.1988 and ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....nage 7 members of his family and thus the suit is liable to be dismissed. 4. Trial Court decreed the suit giving Tk.1000/- for separate residence and Tk. 1500/- for maintenance, in total Tk.2500/- since 24.10.1996 and therefore an amount of Tk. 1,72,500/- till the date of judgmen......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
.... of the petitioner and that the petitioner is a recorded tenant of Khatian No.66, in which the case plot belongs, and further lie petitioner is also a co-sharer by purchase in the same khatian. The total lands sold vide said three sale deeds was 0.80 acres. The petitioner came to know about the sa......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......observed that the story of alleged gift being a question of fact has been concurrently found by the courts below to be not proved by the pre-emptee, and that the High Court Division in its revisional jurisdiction cannot over rule the said finding of fact. Further the learned advocate for the pre-emp..Category: Property Law | Date: | Hits: 33
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
.... executing a registered deed of patta on 8.11.1919 and 10.11.1919 respectively. By virtue of the aforesaid transfer, father of the plaintiff acquired 1.28 acres of land in the said schedule out of total 5.14 acres of land. Subsequently Kala Mia and his co-sharer transferred 38 decimals of land b......ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ......ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
.... Division also committed an error in modifying the order restraining the appellant from executing the decrees and as such the same is liable to be set aside. He submits that the High Court Division totally failed to consider that the appellant is a manufacturer of the playing card and prior user......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......respondent did not get any registration of the design and filed the application for registration of the trademark long after filing of the appellant and the respondent being the third party has no jurisdiction to pray for stay operation of the decree but the High Court Division totally failed to..Category: Intellectual Property Law | Date: | Hits: 361
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ved their possession in the land in suit affirmed the judgment and decree of the trial Court. 6. Some of the heirs of defendant No.1, Nabisuddin, moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the findings tha..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......;দি/বিষয়াদি) and being satisfied that there was no ground to proceed against the respondent Nos.5 and 6, as such the High Court Division has no jurisdiction to substitute its own opinion. The learned Counsel further submitted that the High Cou..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......nsisted for decision on title. We can only say if any person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrieved he can go to a Civil Court of competent jurisdiction for vindication. He does not have any remedy under the State Acquisition and Tenancy A..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
.... say to pay Tk. 21,53,71,800.02 and Tk.1,03,711.00 against bank's claim in Artha Rin Suit No. 29 of 2005 and 56 of 2005 respectively with further costs and charges, the facilities of remission of total profits compensation allowed by the bank shall be automatically cancelled and the plain......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ...... and he only allowed certain adjournments and issued notices and subsequently he was replaced by the Joint District Judge as Artha Rin Adalat and therefore the allegation that the court had no jurisdiction has been rightly rejected by the High Court Division. 8. The learned counsel la..Category: Civil Law | Date: | Hits: 109
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....micable partition the plaintiff possessed C.S. Plot No. 381 and S. A. Plot No. 680 and this plot 3.7650 acres have been possessing by the plaintiff including agricultural land and the plaintiff in total possessed 4. 05 acres but during the S.A. operation the entire land as aforesaid was not reco......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... ill lack would have it the plaintiffs and proforma-defendant No. 16 could not file any written objection in Misc. (Pre) Case No.21 of 1998 stating the actual facts and taking the advantage of the absence of the plaintiffs and proforma-defendant No.11 the defendant No.1 had obtained the ex-...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....re is 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) 780. ......404;" which indicates that his aforesaid departmental appeal dated 26.05.82 has already been rejected and further even if it is conceded that such appeal was not rejected then in the absence of any decision of the higher administrative authority on the departmental appeal filed by ......re is 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) 780. ..Category: Administrative Law | Date: | Hits: 162
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....he Rule. 2. The facts leading to the case are that the petitioner in course of his business opened two letters of credit both dated 30.09.1998 for importing Indonesia brand "Grey Portland Cement" totaling 21,800.00 metric tons. After arrival of both the consignments the petitioner through his ......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... notification rather the exemption granted earlier was reduced which can also be called as partial withdrawal of the exemption. Such withdrawal or reduction in the exemption is very much within the jurisdiction of Section 19 of the Customs Act subject to the ceiling as fixed by the first schedule ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......nt has been admitted by not denying the case of the defendant. 6. Mr. Mihirkanti Majumder,learned Advocate, appearing for the respondent submitted that the High Court Division has acted within its jurisdiction in modifying the decree of the Courts below based on misreading of pleadings and non-..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......in the meaning of Article 152 of the constitution which comes squarely within the preview of the aforesaid decision which held- "We see no reason why in our country as well the void created by the absence of law and rules under Article 133 cannot be filled up by executive power under Article 55......arned Counsel appearing for the appellants has submitted with reference that the provision under Section 4 of the Administrative Tribunal Act, 1980 that the Administrative Tribunal having exclusive jurisdiction to determine the terms and conditions of service including the question of violation of..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... was a continuing law after withdrawal of martial law being protected and saved under paragraphs 3A and 18 of the Fourth Schedule and further having itself noticed that despite the ouster of jurisdiction of Court it can consider the constitutional validity of any law only if the same is fo..Category: Constitutional Law | Date: | Hits: 167