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M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....ondent No.6, the custom authority acted illegally in not publishing the notice as required under clause 11 of the SRO No. 15 dated 12.12.1990, the Judges of the High Court Division on an erroneous interpretation of the said SRO, was wrong in observing that since the appellant did not d......No. 10/97 was under some mistaken impression that the earlier sale of the goods to the appellant was approved. Such observation is totally misconceived and imaginary. That it is stated that in view of the offer of the appellant to buy the goods at the highest offered price of the respondent..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......sum of Tk. 24,23,000.00 notwithstanding the fact that the Artha Rin Adalat in question passed the decree with interest @ 8% from the date of institution of the suit till its realization and in that view of the matter, the learned Judges of the High Court Division misconstrued the terms of the dec..Category: Civil Law | Date: | Hits: 102
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......lly discharged by the High Court Division by the impugned judgment and order dated 29.3.2005. 5. Mr. Bivash Chandra Biswas, the learned Advocate-on-Record for the petitioners submits that in view of the admission in plaint by the plaintiff about his transfer of the suit premises on the ba..Category: Property Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Md. Azim Howlader, 2007, 36 CLC (AD)
....substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ......the delivery of the judgment and as such, the appeal is hopelessly barred by limitation. Accordingly, the application for condonation of delay is liable to be rejected and it is rejected. In view of the above, we find no substances in the submissions of the learned advocate for the pe..Category: Administrative Law | Date: | Hits: 87
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......; This Case is also Reported in: V ADC (2008) 768. ..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......ased on consideration of evidence or that the said findings were made on mis-reading or non-consideration of the evidence or that upon misconstruction of any document. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Divis..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......d counsel felt difficulty in assailing the judgment of the High Court Division. 11. The High Court Division discharged the Rule. 12. In the background of the materials on record we are of the view that the petitioners have filed the suit with the sole motive of continuing their possession ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......fere with the judgment of the trial Court upon reversing the findings of the trial Court on due consideration of the evidence, but the appellate Court did not do so. The High Court Division in our view has not committed any error in setting aside the judgment of the appellate Court and..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......amend their petition and invoke some other section of the Arbitration Act. We find that the Arbitrator has already entered on the reference and has started issuing notices to the parties. In that view of the matter we are not inclined to entertain this technical objection at this stage."..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......missed the appeal. The defendant then filed Civil Revision No. 3538 of 1993 and after hearing High Court Division discharged the Rule. 3. Leave was granted to consider as to whether in view of the evidence of the plaintiff, RW.2, that he has got a hotel named "Niribili" and..Category: Property Law | Date: | Hits: 29
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......al was in fact rejected on 10.03.1995 and the petitioner manipulated the figure 5 in place of 3 and thereby charged the exact and real date of rejection which was on 10.03.1995. In this view of the matter, the petitioner was required to file his A.T. Case within 10.09.1995 i.e. within..Category: Administrative Law | Date: | Hits: 89
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ...... there is circumstantial evidence also and the High Court Division rightly maintained his conviction and sentence and dismissed the appeal. 13. From the discussion above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Criminal Law | Date: | Hits: 47
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......bank cannot be held responsible. 5. Moreover the liability if any of the bank in respect of such loss of money is of civil nature. 6. In the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upon correct as..Category: Criminal Law | Date: | Hits: 49
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ..Category: Criminal Law | Date: | Hits: 51
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......ther with demand of dowry as alleged by the prosecution. It further appears that the defence took the plea of alibi but failed to establish the same by good and satisfactory evidence. 11. In view of the above findings, the High Court Division rightly found the condemned prisoner guilt..Category: Criminal Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ......dvocate-on-Record-For the Respondent Judgment Md. Ruhul Amin J. - This petition has been filed seeking review of the judgment dated February 22, 2004 passed in Civil Petition for Leave to Appeal No. 1105 ..Category: Property Law | Date: | Hits: 24
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....any illegality or 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: V ADC (2008) 690. ......ন সঙ্গত কারন দেখি না। আপীলকারী প্রার্থিত প্রতিকার পেতে হকদার হয়”। 9. We are of the view of that the High Court Division on proper consideration of the evidence and materials on record..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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: V ADC (2008) 687. ......;dence; the rent receipts submitted by the plaintiff are not the receipts in respect of the suit land, the plaintiff fled away stealing the proceeds of the sale deed earlier registered and in view of the above the father of the plaintiff handed over the possession of the land in questi..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived 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) 682. ......not prove that his interest was adversely affected by the decree, he is not required to avoid the decree by obtaining a declaration from the court. 8. In the facts and circumstances, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....Additional District Judge passed under section 115(2) or 115(3) of the Code of Civil Procedure when aforesaid Courts committed an error in respect "of an important question of law resulting in erroneous decision occasioning failure of justice". 8. In the background of the materi......ended that since no important question of law is involved in the revisional application filed under section 115(4) of the Code of Civil Procedure and as there has been no failure of justice in view of the order passed by the trial Court and as such the revisional application was not maintai..Category: Procedural Law | Date: | Hits: 58