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Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......er than those of the defendant No. 1. 8. Mr. A. J. Mohammad Ali, the learned Counsel appearing for the petitioners contended that the learned Single Judge of the High Court Division erred in law interfering with the findings of fact arrived at by the Court of Appeal below and therefore, t..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......ary, 2009 discharged the rule and affirmed that of the Court of appeal below. 6. It is contended on behalf of the petitioner that the learned Single Judge of the High Court Division erred in law in maintaining the judgment and order of the lower appellate Court in failing to notice that t..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......was under construction and the plaintiff having not been given delivery of possession of the suit shop and there being no case of dispossessing him from the suit shop the High Court Division erred in law in passing mandatory order of injunction in favour of the plaintiffs and as such the impugned ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....pose in the Limitation Act and that the instant suit being for a declaration of title on cancellation of the document for transfer of the property in the suit and in the circumstances of the case the provision of Article 92 of the Limitation Act is applicable in the case and the cause of action aros......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)
....or sale of the suit property with Md. Yousuf and after his death his heirs namely the present plaintiffs have been possessing the suit property all through and as such the plaint is not barred by any provision of Order 7, Rule 11. He then submits that the High Court Division rightly held that from t......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)
....the petitioner was on discussion accepted by way of resolution under Article 120 of the Articles of the Association of the Company and the resignation of the petitioner was in compliance with the provision of law, duly informed to the Registrar of the Joint Stock Companies and accordingly Regist......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
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....the Deputy Commissioner for necessary action. 7. The petitioner subsequently made a representation to the Deputy Commissioner offering 30% higher rent from the previous year and as per the provision under the nitimala furnished 10% of the offered lease money amounting to Tk. 10,400/- as s......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
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)
....tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount o...... 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
....dingly the labour court had no jurisdiction to entertain the case of said Golam Nabi the complainant. It is also submitted that the High Court Division without legally interpreting the meaning of the provision of said Employment of Labour (Standing Orders) Act, 1965 and without considering its impli......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)
.... her next-door neighbour, Istafa Hossain. But the latter somehow managed to get the house declared as an abandoned property. The Government without serving any notice and without complying with the provisions of President Order No. 16 of 1972 and the rules framed thereunder illegally took posses......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
....g levyable for service rendered in Bangladesh hence PSI Agencies are not liable to be charged with VAT for rendering service to the Government outside Bangladesh, that there is no express provision in the VAT Act, 1991 (Act No.22 of 1991) to levy VAT on the service of the PSI Agencies, t......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
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