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Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ivil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Khairullah (Md)………………….Petitioner Vs. ADC (Revenue) and another…………. Respondents. Judgment May 24, 2001. Result: The Petition is d...... 1981 the Court of Subordinate Judge, Thakurgaon for declaration that order dated 5-2-1979 and ancillary order dated 6-12-1979 passed by respondent No. 1 in Miscellaneous Case No. XIII-6/1977-78 is illegal, void, without jurisdiction and is of no legal effect and not binding upon the petitioner. ..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....er the respondents ought not to have inflicted major penalty as has been meted out to the petitioner. 7. He further submits that the lower appellate court being the final court of fact, on proper appreciation of evidence found that the action of the respondent inflicting major penalty up......ent: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Av......titioner as plaintiff filed Other Class Suit No. 205 of 2000 praying for declaration that the order of his dismissal passed by the defendant-respondents from the service of the respondent bank is illegal stating, inter-alia, that the plaintiff joined the service of International Finance Investmen..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....4 of the Ordinance 1992 has closed the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for t...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment ...... ..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Yousuf Ali ..........................................Appellant. Vs. Kazi Syed Shamsul Hoque and others...........Respondents. Judgment 30 January 2006. Cases Referred To......ea. According to the writ petitioner this curtailment of Ward No. 24 from the area of the writ petitioner and the appointment of respondent No. 3 a person resident of different police station was illegal. 4. A Division Bench of the High Court Division by the impugned judgment and ord..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....tiffs have possessed the suit land through borgaders including the defendant No. 1 who did not give borga crop to the plaintiffs regularly. Subsequently, defendant No. 1 in collusion with the enemy property authority managed to obtain an order of lease in respect of some portion of the suit land ......Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 F......tiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without jurisdiction on the assertions, inter alia, that the suit land described in ..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....de in the Arbitration Revision Case No. 163 6 of 1990 on September 18. 1994. i.e. at a time when the Arbitrator could make award of the amount as in his view in the facts and circumstance of the case proper i.e. it was not the law that Arbitrator could only make award to the extent of 10% over the a......sion (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others.................itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....s that his father was a respectable person and had a licensed gun and upon his death the gun was deposited in the local Police Station. While it was felt necessary for protection of the person and property of the petitioner, he (petitioner) obtained license in his name and got the said gun and t...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh and others................................Petitioners Vs Md. Shahjahan Gazi.................ted thereunder by any judge for the offence under the Arms Act. The High Court Division further found that in the instant case there was no allegation even, that he has used the fire arms in any illegal activities and there was no such allegation in the FIR of the above mentioned case that is Fa..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....hearing the parties allowed the case on contest by the judgment and order dated 15.9.1998. The Administrative Tribunal disposed of the case on merit discussing all the material facts necessary for proper adjudication. The said Tribunal observed that no evidence was there to establish any of the ...... ......en by the Administrative Tribunal, Dhaka in A.T. Case No.84 of 1996 and after rendering service physically for more than 6 months by the respondent, the Secretary, Ministry of Social Welfare most illegally and only to harass the respondent passed an order dated 11.11.99 directing further enquiry ..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
.... pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immovable properties and that other facilities like 'interest free Blocked Account' were also made available ......mmad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- ......uire any power for making appointments and postings of the Judges of the Artha Rin Adalat including that of the respondent No.5 and the appointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 20..Category: Banking Law | Date: | Hits: 121
....ise, Customs and VAT, Rajshahi directing the petitioner to pay Tk.67,59,921.15/- as VAT which the petitioner did not pay is an appealable order and the petitioner did not prefer any appeal before the proper forum.
5. Mr. Mahmud tried to argue that since the Rule has been issued in respect of the ......n of Tikapara Ghoramara Rajshahi...................Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others................Respondents
Judgment
January 23, 2006.
Result:
The petition ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
.....57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respondent No. 2 put the decree into execution by initiating Money Execution Case No. 96 of 1991 and got the mortgaged property sold in auction. 3. Thereafter the appellant filed Title Suit No.135 of 1995 in the 5th......nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismiss......f Subordinate Judge, and Artha Rin Adalat, Rangpur and that the suit was maintainable under the provision of Section 20 of the Code of Civil Procedure, that the direction to return the plaint is illegal and not sustainable in law and that the High Court Division ought to have considered the appe..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....nd void. Thereafter the suit was transferred to 1st Additional Assistant Judge Court, Dhaka and renumbered as Title Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally b...... ......he present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and void. Thereafter the suit was transferred to 1st Additional Assistant Judge Co..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ............................................... Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senio......nt, it should be deemed that the Government has assumed the liabilities of the erstwhile Government of East Pakistan. It is true that under Article 4(1) of President's Order No. 69 of 1972, all legal proceedings that were pending before and against the Government of Pakistan or East Pakistan..Category: Others | Date: | Hits: 106
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....s is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a suit for ejectment afte......er as to costs. Ed. ...... 4. The defence of the tenant was a challenge to the exclusive ownership of suit premises by the appellant. He also challenged the facts of his sole induction into possession by the Appellant, the legal validity of the notice u/s 106 of the Transfer of Property Act, the bonafide requirement of p..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
.... "after all, it was a hat admittedly forfeited to the Government in 1966 and was being managed from 1374 B.S. either by granting lease or licence for each ear as the Government considered proper". With these observations the Writ petition was dismissed. 3. Leave was granted...... ......, on the basis of a right conferred under the statute to the owner of the land upon which the cattle market was set up without any permission from the owner. In our opinion, the appellant was legally entitled to get a licence to continue the cattle market in question under clause (iii) of t..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....f a firm where the assessee is a partner in the firm and the firm has been assessed as such, the period as determined for the assessment of the income, profits and gains of the firm." 4. For proper appreciation of the expression "previous year" section 3 containing the provision of char......Advocate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 o...... by one assessment order This is a case where admittedly assessment-of income of a period exceeding twelve months was made treating the income of 1365 B.S. as previous year and thereby purporting the legalising the assessment for the time barred income, which the Income-Tax Officer was not competent..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....t, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be maintai......Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. &n......der No. 90 of 1972 clearly states that notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals applications and other legal proceedings pending or continuing or deemed to be pending or continuing in any court aga..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
....w of the language of section 25 of the Act which provides, inter alia, that in deciding the matter the Court may pass such orders including the orders regarding costs, as it may deem just and proper. From the judgment of the Labour Court it appears that while considering the prayer for rein...... the petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79 passed by the High Court Division in Writ Petition Nos. 993, 994 and 995 of ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....d, is the only heir of Sujan Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift of some of her properties by a registered deed to her two grandsons though her predeceased daughter, defendants 1...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha......as held that it is" not necessary, indeed, it is undesirable to insist in such cases upon a test which depends upon a clear understanding of each detail of the matter which may be greatly involved in legal technicalities. It is sufficient that the general result of the compromise may be understood, ..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
..... 5. In the case of Nagendra Shyam Vs. Emperor, AIR 1923 (Rangoon). 31, in a Full Bench of Rangoon High Court it was held that the Magistrate having taken cognizance of the offence it is right and proper that he should bring to justice all those persons whether originally mentioned or not who, ......llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ......d present appellants. Leave was granted to consider the aforesaid question Mr. Meser Ali, the learned Counsel appearing for the appellants argued that the High Court Division had passed the order illegally, inasmuch as such procedure is not warranted by the Code of Criminal Procedure. 13. Whene..Category: Criminal Law | Date: | Hits: 60
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