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Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......missed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ...... dated 12.10.2000 rejected the said application. The petitioner then filed the present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and accordingly the writ ..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ...... Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......which the petitioners filing this application have denied. 4. The High Court Division upon hearing the parties observed that whether they are engaged in immoral activities or not is purely a question of fact and this disputed question of fact cannot be decided under Article 102 of the Con..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ...... Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......t but the said Ministry once again turned down the proposal sent from the Supreme Court vide Memo dated 14.03.2000. 4. The writ-respondent being thus aggrieved filed instant Writ Petition in question challenging memo dated 05-07-1998 and 14-03-2003 (Annexure-E and F in the writ petition)...Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....lotted, that the allottees were allowed to obtain connection of utility services and they obtained connection of utility services i.e. gas, water, electricity etc. and that while allottees were in possession and enjoyment of the land so allotted they came to know that their allotments have been ......e civil petitions have been issued without lawful authority. 3. The writ petitions were filed stating, inter alia, that Government took decision to allot Plot measuring ¾th kathas of land to the possessors of the land of section 13 of Block-A, Mirpur and thereupon steps were taken......ssed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....he suit was duly served upon the Government. On 11.08.1980 Faktul Uddin Khondaker transferred the suit land to his brother's sons Fazlul Haque and others by a registered heba-bil-ewaj and delivered possession. 5. The learned Assistant Judge on consideration of the materials on record d...... inter alia, that the suit holding recorded in C.S. Khatian No.32 belonged to Formani Bibi. The jote was sold in auction for arrears of rent in execution of decree obtained in rent suit and the ex-landlord auction purchased the land and made the same khas. The R.S. Khatian was correctly prepared......d. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......parte decree on 15.11.1974 on the basis of some forged and fraudulent documents by suppressing service of summons upon the present plaintiff. The plaintiff came to know about the ex parte decree in question on 31.07.1989 and then filed the suit. 3. The defendant contested the suit by ..Category: Property Law | Date: | Hits: 32
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......Scale as Public Servant had been accepted by the respondent. The SROs mentioned above excluding Imam from being worker has never been questioned by the respondent and the said SROs being law of the land, the writ petition in the present form is incompetent. The SROs and the office orders fixing t......n is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......s only. This position i.e. drawing of salary under National Pay Scale as Public Servant had been accepted by the respondent. The SROs mentioned above excluding Imam from being worker has never been questioned by the respondent and the said SROs being law of the land, the writ petition in the pre..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......ee passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short, are that plaintiff-Respondents filed Title Suit No. 50 of 1993 seeking declaration of title in respect of the land in suit. In the said suit the plaintiffs impleaded the petitioner and the local thasildar as t......ismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......xamination for Promotion) Rules, 1986 have challenged its vires merely as a camouflage to invoke the extra ordinary jurisdiction of this High Court Division under Article 302 of the Constitution. The question of promotion has not been recognized by our Constitution as a fundamental right and it cann..Category: Employment/Service Law | Date: | Hits: 133
Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)
.... reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ......n the petitioner Mrs. Rani Bilkis Banu Chowdhury submitted return for the Wealth Tax for the respective assessment years as aforesaid and the Assistant Commissioner of Taxes estimated the value of land and building at Tk. 72,00,000/- for the assessment year 1994-95. The said Assistant Commissio......smissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ...... for the petitioner and the learned Deputy Attorney General held that from the impugned order dated 22.03.2000 passed by the Taxes Appellate Tribunal it is clear that the Tribunal only decided the question of limitation and found that the appeal preferred before the Appellate Joint Commissioner ..Category: Fiscal/Taxation Law | Date: | Hits: 67
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ...... Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ed by some 3rd parties claiming their title over the property and for declaring that the mortgage suit was illegal and for a declaration that the publication of writ of auction and notification in question are illegal and the matter reached the High Court Division in first appeal No.171 of 1981 ..Category: Banking Law | Date: | Hits: 90
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......smissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......ion whereof the loan was obtained from the Bank nor he was a borrower in any respect and that he did not execute jointly or singly any document in favour of the Bank in connection with the loan in question. The last contention of the writ-petitioner was that decree was passed by the Artha Rin Ad..Category: Civil Law | Date: | Hits: 73
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....iring shop No.13 and after necessary repair shop No. 13 was renumbered as shop No.4. The defendant further alleged that the landlord Md. Yakub Ali took TK. 60,000.00 from the defendant by selling possession of suit premises No. 9 on 25.06.1987 on the basis of an agreement and that after the deat...... that the Plaintiffs father, Md. Yakub Ali Sarder, was the owner of the suit premises and the defendant was inducted as a monthly tenant therein and the said Md. Yakub Ali Sarder transferred the suit land by a registered deed of heba-bil-ewaj dated 06.09.1988 in favour of the plaintiff and his broth......he petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
.... the year 1987, took lease of the above 5(five) shops from the defendant petitioner on payment of salami of Tk. 50,000/- for each shop, total being of Tk. 2,50,000/-, with the right of transfer of possession of those on payment of transfer fee @ Tk. 10,000/- for each shop to the defendant and th......es if he is given a total sum of Tk. 20,45,000/- by the defendant, the dispute between the parties remains only in respect of quantum of money to be paid to the plaintiff by the defendant, the landlord, and as the defendant is willing to return only the amount of salami received by her again......smissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......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: V ADC (2008) 786. ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....eriod of 99 years by the then East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory build......ion of the Directors of the writ petitioner company and as per judgment of this court in Company Matter No.12 of 1977 the Board of Management of Abandoned Industries restored the possession of the land and factory to the writ petitioner. Subsequently the writ respondents on several occasion......o Reported in: V ADC (2008) 784. ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ..Category: Property Law | Date: | Hits: 27
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ...... Ed. This Case is also Reported in: V ADC (2008) 779. ...... 7. In that view of the matter, this rule has become infructuous. Besides the High Court Division on consideration of the material on record found that the goods in question were put to sale again on14.5.1997 and the highest bid of respondent No. 6 at Tk. 16,67,00..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......Case is also Reported in: V ADC (2008) 776. ......uthority by entertaining such writ petition under Article 102 of the Constitution and as such the Rule Nisi as well as the order passed thereunder having had no legal sanction behind it and as such question of violation of such order did not at all arise which warranted for drawing up a la..Category: Civil Law | Date: | Hits: 102
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....se Court Suit No.1 of 1998 before the Senior Assistant Judge, First Court, Bogra impleading the petitioners and respondent Nos. 4-7 as defendants praying for a decree for recovery of khas possession upon evicting the defendants therefrom. The plaintiff asserted that the defendants......dants did not vacate the suit premises. Hence the suit was instituted. 3. The defendant Nos.1-5 contested the suit by filing a written statement contending amongst others that the original landlord Abbas Ali Mondal entered into an agreement for 5 years on payment of advance rent of Tk. 4...... Ed. This Case is also Reported in: V ADC (2008) 772. ......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ..Category: Property Law | Date: | Hits: 91
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......; This Case is also Reported in: V ADC (2008) 768. ......bsp; This Case is also Reported in: V ADC (2008) 768. ....... 2-15 and the said property was never partitioned by metes and bounds, that one Md. Aftab Hussain, son of opposite party No.1 disclosed on October 10, 1984 about the sale of the property in question and on that date for the first time the pre-emptor came to know from said Md. Aftab Hussai..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......the 4th Court of Additional Assistant Judge, Dhaka in Title Suit No. 2 of 1997 decreeing the same. The suit was filed seeking specific performance of contract (September 23, 1974) for sale of land described in the schedule attached to the plaint. It is the case of the plaintiff that the def......dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......he materials in the petition for leave to appeal. The learned Advocate-on-record for the petitioners could not point out that the finding as to the genuineness of the agreement for sale and on the question of limitation and as regard the defendants' story of loss of their papers relating to the ..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....3 of the Court of Subordinate Judge (now Joint District Judge) passed in Other Class Suit No. 58 of 1989 decreeing the same. 3. The suit was filed seeking declaration of title and confirmation of possession in respect of the 'Ka' schedule land. 4. The plaintiffs claimed title in the land in ......int District Judge) passed in Other Class Suit No. 58 of 1989 decreeing the same. 3. The suit was filed seeking declaration of title and confirmation of possession in respect of the 'Ka' schedule land. 4. The plaintiffs claimed title in the land in suit being in adverse possession since 1952......n awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ...... of 1996, and the appellate Court set aside the judgment and decree of the trial Court on the finding, that the relationship of the plaintiffs and the defendant having had been decided, earlier the question of acquiring title by adverse possession is not legally tenable and the suit filed by the p..Category: Property Law | Date: | Hits: 39
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