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Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......ud but in the present case there is no evidence to show that any such case of fraud was made out by the plaintiff by adducing evidence in order to substantiate the allegation of fraud. 6. In view of the above, we find no substance in the submissions of the learned Counsel for the peti..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....as such, the impugned judgment is liable to be set aside. He further submitted that the High Court Division found that "in the circumstances it appears that the Court below arrived at an erroneous decision in decreeing the suit-in-part. The trial Court made different arithmetical calcu......intiffs' claim of Tk. 74, 71,536.00 in unreasonable which has misled it to dismiss the major claim of the Bank and anomalously the trial Court had decreed the suit-in-part. 9. In view of the above, we find no merit in the submissions of the learned Advocate for the petitioner. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ....... 993 of I960, dated the 19th September, 1961. By this judgment the writ petition was allowed and a writ of certiorari was issued to quash the order of the Custodian of Evacuee Property, Lahore, in review application No. 34 of 1960 and review application No. 73 of 1960. It has arisen in the followin..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......hrough Court after 18 years on 04.08.1983 and as such it merits consideration whether such kabala comes within the mischief of the presumption. The learned Advocate further submitted that in the review petition no materials were produced showing that the petitioner is a co-sharer by inheritance ..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......deration enforcing fundamental rights under Article 27, 29 and 31 of the Constitution while enforcement of the fundamental rights under the Constitution was suspended at the material time in view of the subsistence of the proclamation of emergency and the President's order No. 2 dated 11...Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......1988 after opening of the letter of credit and before the submission of bill of entry the writ petitioner is liable to pay the duty on the basis of the said SRO dated 16.8.1988 as assessed in view of sections 25(7) and 30 of the Customs Act and is therefore not entitled to any refund and fu..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......cling in the post as a matter of right. We have perused the materials appointing the writ-respondent as a Mutwalli and found no illegality in the said appeal for our interference. In view of the above, we do not find any substance in this application for leave to appeal. Acc..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......and preserved as part of the lake. Preservation of the lake and to maintain a road and walkway with reasonable slop around the lake is a public purpose and accordingly we direct that with that end in view the land inside the periphery of the lake should be acquired in the public interest as early ..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......rest of sale proceeds of the vessel from the Marshal through their learned Advocate after compliance of the Foreign Exchange Regulation with prior permission from Bangladesh Bank. 4. That in view of the facts and circumstances stated above as the Court by a judgment and order dated 0..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......against the accused petitioner is not maintainable in law. 6. We have heard the learned Advocate for the petitioner and considered the connected materials on record. We are of the view that the High Court Division upon correct assessment of the materials on record and appreciati..Category: Criminal Law | Date: | Hits: 34
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......of the parties has to be examined in the context of the transaction itself, necessarily requires evidence or materials which can not be possible without examination of witnesses. 9. In view of such facts and circumstances of the case, it appears that the High Court Division has corr..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....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) 153. ...... and therefore the learned District Judge fell in error in not appreciating that a decree holder can not be debarred from executing the decree for an indefinite period. 7. We are of the view of the High Court Division on proper consideration of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 18
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 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) 142. ......ditional written statement and in the case of Sultana Jute Mills Ltd and others vs. Agrani Bank and others reported in 46 DLR (AD) 174 similar principle has been laid down. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Civil Law | Date: | Hits: 106
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......since they failed to appear the above suit was decreed ex parte and that regarding .21 acres of land of Plot No. 243, which is Ka schedule land, the plaintiff filed Title Suit No. 69 of 1976 but in view of a compromise which was made to the effect that plaintiff will possess Ka schedule land..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......est in the suit land. 7. The High Court Division observed that the learned Subordinate Judge without going through the evidence has passed the impugned judgment upon his imaginary/assumptive views. The plaintiff No.1 being out of possession has filed the suit. The finding of the learned S..Category: Property Law | Date: | Hits: 22
Md. Solaiman and others Vs. Bangladesh, 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) 121. ......er affording the respondent No.6 an opportunity of being heard and respondent No. 1 was also directed to take action in the light of the report of the enquiry, if necessary. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Civil Law | Date: | Hits: 84
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......f said Girish Chandra and Gurudas Datta who are still alive and he has a daughter namely Shibu Rani who has been living at village-Abhoy Nagar, within Jessore District and she had sons and in that view of the matter the suit is liable to be dismissed. 4. The learned Assistant Judge dismi..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......in the said memo RAJUK asked the respondent No.1 to deposit the said price to the then National Bank of Pakistan, Jinnah Avenue, Dhaka on or before 30.06.1964, vide letter dated 30.05.1964; With a view to comply with the direction given in the said letter the Executive Engineer, Project Division..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......idential purpose in such situation an application seeking pre-emption in respect of the said land under section 24 of the Non-Agriculture Tenancy Act would be very much maintainable. We are of the view that the character of the land which are within the urban area or municipal area is determined..Category: Property Law | Date: | Hits: 30
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