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S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

....said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ....... 2. The case of the writ petitioner in Writ Petition No. 2301 of 1992, in short, is that the High Court Division passed an order of injunction on 28.06.1992 and the order was extended from time to time and was ultimately extended till disposal of the Rule restraining the writ respondents...... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..

Category: Property Law | Date: | Hits: 46

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....ed judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ides the fact that the parties have chosen of foreign law, whether or not accompanied by the choice of the foreign tribunal, shall not, where all the other element relevant to the situation at the time of the choice are connected with one country only, prejudice the application of the rules of l...... of 2000 ("the suit") in the respondent No.1 Court, purportedly, under the pro­visions of the Artha Rin Adalat Act, 1990 (now the Artha Rin Adalat Act 2003) ("the Act") for recovery of US$ 23,791,0237.49 converted to Tk. 19,03,85,902.75 (at the rate of US $ 50.22) for the......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

.... In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......rescribed authority, the S.D.O., Sadar (South), Dhaka on 04.07.1972 and 23.02.1973 for eviction of the unautho­rised occupants. The case was however 'filed' on the ground that the petition was time barred and she was asked to repre­sent her case before the Ministry of Works. The writ pe......made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....y the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ssage, from the same vendor in 1974, have accumulated building materials for construction on their purchased plot and have been threatening the respondent with blocking the said passage. 2. At the time of institution of the suit on 28-3-65 in the 3rd Court of Munsif, Dacca, the respondent filed a......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Alaluddin Vs. State, 1999, 28 CLC (AD)

....servations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162.     ......9 = 11 BLD (AD) 96 and thus again failed to exercise a proper discretion in the matter of granting bail in a pending appeal filed against a short sentence like in the present case. 3. At the time of admitting the appeal, the prayer for bail and stay of realisation of fine was refused on 2......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162.     ......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162.     ..

Category: Criminal Law | Date: | Hits: 50

Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)

....on to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......dingly, the High Court Division held that a witness once narrated the occur­rence without implicating the respondent with the offence in any manner can not be permitted to depose for the second time in the same case with a view to implicating the self same accused and thereby play double sta......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..

Category: Criminal Law | Date: | Hits: 54

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....n to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ts advertised. The respondent's applications were scruti­nized and it was in the process of sending the interview cards to the eligible appli­cants including the petitioners and in the meantime, the petitioners with malafide intention to subvert the process   of appointment file......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..

Category: Employment/Service Law | Date: | Hits: 70

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

.... reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......and so they, not being in possession of the suit land physically, were not in a position to deliver possession of the same to Ayub Ali, the predecessor-in-interest of defen­dant Nos. 1-3 at the time of the alleged sale and so the defendants therefore did not get possession in the suit plots a......uit by filing joint written statement contending, inter alia, that the suit has not been properly valued, is barred by limitation and is not maintainable without the relief of partition as well as recovery of possession; Alimuddin while owning and possessing the suit land died leaving behind on......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..

Category: Property Law | Date: | Hits: 19

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......correction of record of right by Sahera Khatoon in which the respondent was made a party and notice of the said case was duly served upon the respondent but the respondent not being present at the time of hearing of the case on 4.3.1975, an ex parte order was passed for correction of the record ......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......ayment of rent to the municipality immediately after the agreement though in the plaint it was stated that the title deeds and khatians were handed over by the original owners to the plaintiff at the time of execution of the agreement of sale and delivery of pos­session but no such document or khat......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..

Category: Property Law | Date: | Hits: 39

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

.... to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......for implementation of Phase-I of the Project for the period from July 1991  of 30th June, 2002 and they were appointed in Phase-I of the Project absolutely on temporary and contract basis. Sometimes infrastructure along with the manpower of a Development Project is transferred to revenue bud......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

.... appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... on September 5, 1972, that the deed by Mohendra Kumar Nath disown­ing the plaintiff was of August 8, 1972, that story of deed of agreement claimed to be of November 9.1972. earlier in point of time to the execution of the deed of gift has been brought into existence for ulteri­or purpose......me is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is quite maintainable and not barred by limitation and that there is no need to seek recovery of possession. 5. The trial Court entertained doubt about the genuineness of the de......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

.... The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ...... to save the situation, most probably honestly, but the law, i.e. Section 3 of the Act was not saved, it became a casualty. The action of the Government taken in an extra-ordi­nary situation at that time might have been justified on the doctrine of necessity but it would never qualify as a legal de......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

....dingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......letion of inves­tigation, submitted charge- sheet against the accused-appellants and another under Sections 302/34 of the Penal Code. The case records were sent to the Court of Sessions. At the time of trial, Court of Additional Sessions Judge, Narshingdi on the basis of materials available o...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

....n part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... 2. The plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for decla­ration of title and recovery of khas posses­sion of 'Ka' schedule land and also for dec­laration of title and c...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..

Category: Property Law | Date: | Hits: 24

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ......la executed a deed of usufructuary mortgage for a term of 15 years in favour of the plaintiffs and other purchasers since there was restriction for transfer for more then 10 bighas of land at that time. In fact those deed, are sale deeds. An area of 3.90 acres of land of the plaintiffs were acqu......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ..

Category: Property Law | Date: | Hits: 23

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....ioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......a married the said Dalimjannessa who had no issue and she did not inherit the share of Latu Kha and Chadu Kha. The plain­tiffs have had no title and possession in the suit jote at any point of time and as such the suit is liable to be dismissed with costs. 5. Defendant Nos.11 and 12 a......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

....te for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......e suit land stating, inter alia, that the' suit land as described in the schedule to the plaint belonged to Ochi Miah Chowdhury in whose name R.S. Khatian was prepared correctly and during his life time he gifted 264 chhataks of land to his 4 sons by 2nd wife namely Shamsul Hilda, defendant No. ......b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ..

Category: Property Law | Date: | Hits: 38

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....ut any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......C dated 9.4.2002 and in the certificate the PSI Agent certified the manufacture year of the imported vehicles as 1997 and the vehicles are imported as per import policy of the country at the relevant time. After shipment of the goods the respondent received the invoice, bills of lading and other rel...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)

....rived 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: V ADC (2008) 120. ......avail. Their further case is that Rule 10(1) is not applicable here as the same is subject to Sub-Rule(2) of Rule 10 which provides for determination of interse seniority of candidates appointed at a time as per rec­ommendation of the selection committee. 5. We have heard Mr. Khan Saifur Rahman......he materials on record 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: V ADC (2008) 120. ......he materials on record 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: V ADC (2008) 120. ..

Category: Employment/Service Law | Date: | Hits: 86