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....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
...... Tafazzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respond......he 2nd floor and they got possession of their respective shop rooms in February, 1988.
8. Leave was granted to consider whether the learned Judges of the High Court Division committed error of law in not considering that the appellant and other affected shop keepers having been listed as the ..
Category: Property Law | Date: | Hits: 29
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. ......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. ......wyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed by the High......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. ......nged to the respondent No.2 Zebal Ahmed Chowdhury who borrowed Taka 1,00,000/- from the pre-emptee-petitioner and in pursuance thereof, he entered into an agreement for purchasing the case land and accordingly, the respondent no.2 executed a sale deed in respect of the case land on 6th December, 2......or the Petitioner. J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 passed by t......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. ......hort are that Shop No. 19 was allotted to him against his application for allotment dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for setting up a jewellery (gold) show room and accordingly an agreement was also made on 14.01.2004 and in terms of agreement down payment was made......truct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 passed by the......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)
....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. ......ranigonj, District-Dhaka as morefully described in the schedule to the plaint was correctly recorded in the name of the Deity Sree Sree Gopal Jew Bigraha and Hari Priya Baisnabi was its shebait and accordingly the impugned C.S. Khatians were prepared and finally published in the name of Deity. H......llusive, null and void impleading the appellants as principal defendants. 3. The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-D......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. ......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. ......il Appeal No. 178 of 2002) S. M. Hossain and other…………Respondents (In Civil Appeal Nos. 94-95 of 2005) Judgment August 3, 2009. Result: The appeal is allowed. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. 20 BLD (AD) 278; Guiness Peat (Tradin......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. ......thin six months but again the respondent No.1 failed to avail the same; then the respondent No.1, to avail the above benefit, prayed for extension of the time limit upto 30.6.93 which was allowed and accordingly no interest was charged for the period since 17.9.1990 but the respondent No.1again fail......4986 of 1996 on the averments that the respondent No. 1 which is a partnership firm, on 20.3.1974, obtained a loan of TK.37,00,000.00 from the appellant hypothecating the two cargo vessels proposed to be purchased with the above loan money and also upon equitable mortgage of the landed properties ......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.......rs executed personal guarantee in respect of the said loan. 4. Subsequently, due to certain circumstances, the petitioner did not intend to continue as the Director of the said company and accordingly by letter dated 5th October, 2000 the petitioner tendered his resignation, pursuant to w......2009). Not represented-Respondent Nos. 1-5, 8-9 (In Civil Petition No.541 of 2009). Not represented- the Respondents (In Civil Petition No. 542 of 2009). Civil Petition for Leave to Appeal Nos. 540-542 of 2009. (From the judgment and order dated 26.01.2009 passed by the ......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)
.... consider his application. 12. The petitioner was verbally informed that his representation would be considered. Placed in such situation finding no other way but to serve a notice demanding justice to the respondents for canceling the memo dated 28.11.2008 to the writ petition. But till to....... 4. The fishery named "Joaria Beel Kobadiar Khal" Jolmohal situated within Police Station Tarail, District-Kishoregonj is a closed fishery became free for lease with effect from 1415 B.S. and accordingly the petitioner filed an application for lease of the fishery for 10 years under developm......d by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by the High C......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. ......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. ......he Petitioner. Abdus Salam Mondal, Advocate instructed by Md. Altab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.92 of 2009 (From the judgment and order dated 30.10.2008 passed by the High Cour......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. ...... ejmali and thereafter they sold out the suit land on different dates to plaintiff No.1 (9 decimals), the defendant No.2 (9 decimals) and defendant No.3 (9 decimals), vide registered sale deeds and accordingly the plaintiffs mutated their names and were playing Government's rates and charges again......itioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the High Court......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.......commercial concerns in the country which are manufacturing various alcoholic drinks under license. It is also not denied that there are also licensed dealers in the country dealing in such drinks and accordingly they buy such drinks from those licensed manufactures in the country."
13. It further......cs Control Dhaka and another ...........Appellants
Vs.
Crown Beverage Ltd. and another ...........Respondent
Judgment
December 2, 2008.
Lawyers Involved:
Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Appellants.
Rafiq......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. ......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. ......e-on-Record-For Respondent No.1 (In Civil Appeal No.290 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Division Ben...... 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
....f his retirement. But the authority namely the Bangladesh Water Development Board did not pass any order upon that application. So the respondent No. 2, after serving a grievance notice demanding justice by registered post, which also the petitioner refused to accept, filed the complaint case.
......angladesh Water Development Board is neither a commercial nor an industrial concern and as such the provision of Employment of Labour (Standing Orders) Act 1965 is not applicable in this case and accordingly the labour court had no jurisdiction to entertain the case of said Golam Nabi the compla...... Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another….........Respondents
Judgment
October 28, 2009.
Cases Referred To-
Director of Ports Vs. 2nd Labour Court, Dhaka; Chairman, DI......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. ......7. It further appears that the High Court Division has rightly found that the Court of appeal below correctly 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)......urt, Sylhet setting aside the judgment and decree dated 17.01.1990 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No.31 of 1986 dismissing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for ......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)
....1972-82 and therefore, the property became an abandoned property as per operation of law and by discharging the Rule, and the High Court Division has not committed any error of law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any or......e original allottee Syed Nazir Ahmed had been owning and possessing the same sold out the building to the petitioner Mohammad Shahidullah by a registered sale deed dated 16.09.1982 and possession was accordingly delivered to him. Since purchase appellant has been living in the building with his fami......pondents Judgment February 27, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Md. Ali Akand, Deputy Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. ......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)
....nusable property capable of division may be lawfully transferred by Heba-bil-Ewaz and as such the Heba-bil-Ewaz deed No. 37889 is valid and thereby made an erroneous decision occasioning failure of justice. It is also submitted that the High Court Division committed an error of law misconceiving H......ome at Sengarchar under P.S.-Matlab in Chandpur sometimes in the residence of defendant No.1 and sometimes at Rajabazar with the family of late Md. Sadeq and sometimes with his younger son Nuruddin according to his own choice. He never liked to stay with any of his sons or daughter for a long time......is daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building......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 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. ...... ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involved: Amirul Islam, Senior Advocate instructed by Md. Nawab......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.
......ollows that PSI Agency does not come within the definition of "জরিপ সংস্থা" and is not liable to pay VAT because services are rendered before import of goods in Bangladesh, that according to provision of Sections 25 and 79 of the Customs Act duties are levied when goods come to......onal Ltd. and another.......Respondents (In Civil Appeal No. 287 of 2003)
BIVAC International S.A. Bureau Vertias Group and another.......Respondents (In Civil Appeal No. 288 of 2003)
PSI Inspectorate Ltd. and another.......Respondents (In Civil Appeal No. 289 of 2003)
Judgment
August 30......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. ......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. ......ul Hossain QC, Senior Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent No. 23. Criminal Petition for Leave to Appeal No.269 of 2008. (From the judgment dated 3-6-2008 passed by the High Court Division ......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
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