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Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......and the remaining .79 acres of land was lying unused and the same could be divided into 4 industrial plots and the Directorate of Architecture may be asked to prepare a layout plan to that effect; in absence of the then Secretary, Mr. A. M. Choudhury, the then Additional Secretary, approved the abov...... Criminal Misc. Case Nos. 1847,4264 and 4297 of 2001 and also stayed further proceeding of Metro Special Case No. 81 of 2000; thus the learned Senior Metropolitan Special Judge, who had the exclusive jurisdiction to take cognizance of the offence either accepting the police report or refusing to acc..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
.... Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.01.1970 entered into an agreement with the respondent No.1 for sale of the building at a total consideration of Tk. 9,750/- out of which the respondent No.1 paid to Md. Shafi a sum of Tk. 7......ope of certiorari applying which the High Court Division made the Rule absolute is very limited and moreover the High Court Division did not advert to the finding of the Court of Settlement regarding absence of original documents and the absence of Md. Shafi in the Bangladesh after 25th March 1971. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....have been dispossessed by the defendants from 4 decimals of land described in schedule 'ga'. This means the plaintiffs are in possession of the rest of the land in suit i.e. 2.91 acres of land. The total land in suit is 2.95 acres. The suit as framed was declaratory suit simplicitor in respect of...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... 1983 whereupon the Miscellaneous Case No.353 of 1996 was started and the case was fixed on 26.11.1996 for admission hearing. On which date without issuing any notice upon the appellant and in the absence of both the parties passed order for fresh trial of G.R. Case No. 1 of 1983. The appellant ......l Law Court at the instance of the prosecution rather the Zonal Martial Law Administrator sue moto transferred the case. The said transfer of the case to the Special Martial Law Court was without jurisdiction and the Special Martial Law Court had no authority in law to try the case. Thus the e..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....affidavit and in paragraph 7 of the same categorically stated that Circle office (Rev) Tejgaon, Dhaka disposed of the said V.P. Case No. 210 of 1980 stating that Plot No. 24 SA Khatian No. 171 with a total acre of 1.54 stands recorded in the name of (a) Jagesh Chandra Sarker (b) Begum Sultena Jahan ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......discharged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the complicated questions of law and fact depending on evidence were involved the writ jurisdiction is not the proper forum for seeking relief. Affidavit evidence placed before us are not..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......issing the same. The suit was filed seeking declaration that the orders described in schedule 'Ka' and 'Kha' and the proceedings initiated on the basis of the said orders are illegal, void, without jurisdiction and as such not binding upon the plaintiffs. 2. It appears that the plaint..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ...... 4. The trial court dismissed the suit and on appeal, the suit was sent back on remand for fresh hearing. The defendant as against the order of remand moved the High Court Division in revisional jurisdiction and a Rule was obtained in Civil Revision No. 358 of 1989. The High Court Division aft..Category: Property Law | Date: | Hits: 106
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......bsolute and restored the order passed by the Board of Revenue holding that the order dated 7.7.1987 passed by the Government confiscating the vessel imposing fine was illegal and without jurisdiction. 4. The learned counsel appearing for the appellants submits that the High Cour..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......eed dated February 10, 1962 he went into possession on the land in suit and that is in possession of the land in suit. 6. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction. The High Court Division discharged the Rule on the finding that the finding made by t..Category: Property Law | Date: | Hits: 24
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......r submits that the appellant having complained that there was a duty upon the respondents to grant permission to carry insurance business and by denying the permission the respondents acted without jurisdiction and as such the High Court Division ought not to have discharged the rule. 10. We ..Category: Business or Commercial Law | Date: | Hits: 81
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....y dispossessed the plaintiffs therefrom and erected huts thereon and hence the suit. The defendant Nos. 1-4 contested the suit by filing written statements stating that they purchased, in total, 21 decimals of land in Khatian No. 30 form the legal owners of the land and have been posses......ern side the plaintiffs got their names mutated and were possessing the same by paying rents and taxes and the last survey report also discloses so and that the defendant Nos. 1-4, during the absence of the plaintiffs, dispossessed them on the night of 20.12.1996 but on the other hand the d......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....ession of the suit property was delivered to him and the petitioners subsequently received further amount from him by executing "wasil receipt" and the respondent No. 1 thus, in total, paid Tk.2,66,500/- and then he tendering the balance amount requested the petitions and the......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......t; and thereupon the High Court Division set aside the decree passed by the lower appellate Court and restored the judgment and decree of the trial Court. It appears Second Appeal was heard in the absence of the learned Advocate of the Respondent. The Second Appeal was disposed of on April 10, 1......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......pellate Court dismissed the appeal and thereby affirmed the order of the Court of Assistant Judge passed on 26.8.2003. 6. The plaintiff moved the High Court Division in revisional jurisdiction against the judgment of the appellate Court passed in Miscellaneous Appeal No.171 of 2..Category: Property Law | Date: | Hits: 20
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....he earlier suit in obtaining the earlier ex parte decree, I do not therefore, find any error of law committed by the lower appellate court in dismissing the plaintiffs suit. The trial court made a totally wrong approach to the pleading of the parties and the evidence on record." The H......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ...... suit. Being aggrieved thereby the plaintiff being the Additional Deputy Commissioner (Revenue) in charge of the vested and non-resident property, Dhaka moved the High Court Division in revisional jurisdiction and obtained the Rules. The defendant No. 12, Secretary, Rahmat-E-Alam Islam Mission a..Category: Property Law | Date: | Hits: 48
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ...... issued summons upon the accused persons. Thereafter, the case was transferred to the Court of Mrs. Fatema Begum, Metropolitan Magistrate, Dhaka for disposal. The trying Magistrate framed charge in absence of the accused under section 500/501 of the Penal Code on 20.01.2002 and proceeded as per p......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......e submissions made on behalf of the appellant that the High Court Division committed error of law, in failing to consider that while taking cognizance the learned Tribunal exercised the jurisdiction given in second proviso to Section 27(1) of the Ain most arbitrarily without holding a..Category: Criminal Law | Date: | Hits: 41
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... 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: V ADC (2008) 519. .......1 joined him later on. The plaintiff came back after obtaining his higher degree and joined his work in Bangladesh Inland Water Transport Corporation, Dhaka. The defendant taking advantage of his absence started to lead fast life. The plaintiff constructed a two storied building on the land so ...... 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: V ADC (2008) 519. ..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......s surrendered possession of the suit land and the defendants admitted possession of the plaintiffs. The basis of the claim of the defendant is surrender of the predecessor of the plaintiffs. In the absence of any evidence as to surrender allegedly made by the predecessor of the plaintiffs w......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... was Tk. 15,12,660/-; (ii) the appellant concealed 3348.782 metric ton of its production the value of which was Tk.13,39,49.260/- on which VAT payable was Tk. 2,00,92,389/-; and (iii) the total VAT evaded by the appellant was Tk.2,16,05.049/- by concealment of production and the a...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......t petition. The contention is purely a question of fact as to whether the appellant by concealing the actual production evaded VAT or not and such a question of fact cannot be decided in writ jurisdiction, 6. Leave was granted to consider the submission that the High Court Divis..Category: Fiscal/Taxation Law | Date: | Hits: 83
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