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Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)
....t and as such, the impugned judgment discharging the Rule with cost of Tk.5000.00 is liable to be set aside for the ends of justice. 6. It appears from the record that the VAT is payable on goods and services provided and it is payable by the service provider or by trader or by manufactur......e darkness to the extent shall exist and as such, the impugned judgment discharging the Rule with cost of Tk.5000.00 is liable to be set aside for the ends of justice. 6. It appears from the record that the VAT is payable on goods and services provided and it is payable by the service pro...... in this writ petition is that BTTB being registered under Section 15 of the VAT Act, 1991 as VAT payee, cannot collect VAT from its subscribers and, if VAT is at all payable, it is payable by the service provider, i.e. BTTB itself, pursuant to the provisions of the VAT Act, 1991. 3. BTTB..Category: Fiscal/Taxation Law | Date: | Hits: 91
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....nter alia, that the suit is not maintainable in its present form and it is barred by limitation and that Haridas lived with him and the relationship between the plaintiff and Haridas was not at all good and that Haridas gifted all his properties to him by the registered deed No. 3028 dated 02.03......g was not available before the Assistant Judge to look into the matter whether in that proceeding Ram Nath notified his brother or whether kept the matter concealed. If after calling for the record or by perusing certified copy, it could be gathered that the plaintiff was notified a decis......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....hare in favour of the Firoj Ali in 1330 B.S. Firoj Ali subsequently purchased the share of Joyed Ali and he is residing on his purchased property for over 40 years. The further case is that due to good relationship no formal kabala was executed by Joyed Ali and others in favour of Hasan Ali......e suit land as a licensee. The further case of the plaintiff is that the defendant No.1 used to look after all the affairs of Firoj Ali and taking advantage there of the defendant No.1 got his name recorded in the Khatian and subsequently when the plaintiffs who are sons of Firoj Ali directe......correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......rdingly found the writ petitions not maintainable. 11. In view of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......t land to the defendant No. 1 by a registered will on the basis of which he owned and possessed the suit land and since he had been possessing the suit land physically, the preparation of the S.A. record in the name of Bipin and others was wrong; the defendant No.1 after coming to know abou......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......ect of permitting the plaintiff to fill up the lacuna in all respect. 4. The learned Counsel for the defendant-appellants submitted that the trial court, on consideration of the evidence on record, dismissed the suit and the High Court Division, without arriving at the finding that for co......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord 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: VI ADC (2009) 217. ......ish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defendant No. 1. 4. The trial Court on consideration of the materials on record decreed the suit in favour of the plaintiff. On appeal being Title Appeal No. 115 of 2000 th......ecord 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: VI ADC (2009) 217. ..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ...... filed this petition for leave to appeal. 9. Heard the learned Advocate-on-Record and perused the Petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the High Court Division believed the contract and found that the...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......nter alia, that the suit land situated in the Alahari Mouza under Trishal Thana of District Mymensingh belonged to Ex-Zamindar Binayak Das Acharjaya Chowdhury and accordingly the same was correctly recorded in their name in 321 settlement Khatian. Binayak Das Acharjaya Chowdhury built a big tin-s...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......endants by filling written statement denying the material allegations made in the plaint contending, inter alia, that the suit land being possessed in ejmali by the plaintiff and the defendants was recorded in the name of both the plaintiff and Mohammad Hossain, the predecessor of the defendants a......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ..Category: Property Law | Date: | Hits: 26
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....ng up a bonded warehouse for storing its raw materials imported by opening back-to-back letter of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper ......itioner and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is therefore no cogent reason to interfere with the sa......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......yed Ali who died leaving behind Rahima Bibi and two sons opposite party Nos. 3 and 4, two daughters opposite party Nos.5 and 6, the then minor Renu Bibi (respondent No.1 herein) the settlement record of the land belonging to Syed Ali was recorded in the name of all his above named heirs; the......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......005 cannot be maintained as before hearing of the civil revision the entire relief was given though the application for prosecuting the execution case was not rejected but it was kept with the record and there was no illegality in passing the order dated 23.07.2005 and as such, the impu......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ...... Suit No.7 of 1985 dismissing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land originally belonged to Fazal Sheikh and others and District Settlement record was prepared accordingly. Fazal Sheikh died leaving behind Bhanu Nessa as wife, Ga......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......y decided that if the tappers appointed on contractual basis complete four years of satisfactory service, their services shall be made regular. The High Court Division considered these materials on records and came to a definite finding that the respondents though appointed on contractual basis ......ties were entitled to be the permanent workers of BFIDC. 5. The Labour Court after hearing both the parties allowed all the three I.R.O. cases and directed the second parties to confirm the service of the first parties treating them as permanent workers within thirty days from the date of..Category: Labour and Industrial Law | Date: | Hits: 65
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. ......a. Narendra Mitra demanded a fresh Kabuliyat and Mohim Sana and Billa Dasi executed a Kabuliyat dated 06.01.1921 in favour of Narendra Mitra in respect of the suit land. The C.S. Khatian No.82 was recorded in respect of 9.44 acres of land in the name of Billa Dasi and Mohim Sana. Mohim Sana died...... 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. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....pay the amount due to the plaintiff bank. The cause of action for the suit arose lastly on 24.04.1997 and as such, the plaintiff bank has been forced to take the shelter of law for recovery of its good money amounting to Tk. 2,56,28,277.00 together with up-to-date interest @ 18% till realization......d by the High Court Division nor any finding was given to that effect referring to the exhibit and statements of account. He further submitted that trial Court after appraisal of materials on record held that under the head of project loan the plaintiff respondent claim Tk. 62,03,387.90 (si......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....ffect that no objection exists to such creation or transfer; (b) may reject the application if he is of opinion that the creation or transfer— (i) was not or has not been entered into in good faith or for adequate consideration, or (ii) ought for any other reason not to be confirmed......1949, and the registration of sale dated the 5th August, 1958 may also be held as illegal and inoperative". It was further prayed that if any transfer or possession has been entered in revenue record it may be ordered to be corrected accordingly. The Rehabilitation authorities and Custodian o......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. ..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. ......deration with statutory compensation. 3. The petitioner contested the case by filing a "written objection denying the material allegation stating, inter alia, that the case holdings recorded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghose, Jatindr......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. ..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....d the fundamental rights in the constitution argues that the fundamental rights in part III of the Constitution have a pride of place as they ensure rights of individuals and the general good and the fundamental principles of State policy have a place of permanence and in this view of ......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. ......nation to enable (he members of the Bangladesh Civil Service (General Education) Cadre to take such departmental examination and foundation training required for regularization and confirmation in service and promotion to the senior scale. The writ petitioners passed their departmental examinati..Category: Employment/Service Law | Date: | Hits: 122