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Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....rt has noticed this aspect of the pleadings of the parties and concluded that the admitted landlord, Court of Wards of Bhawal Estate granted settlement of 7.25 acres and 14.20 acres of land out of total land of 404.50 acres in respect of separate and distinct khatians and plots and there was no ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......e and thereupon reversed the judgment and decree of the trial Court and dismissed the suit. The plaintiffs as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule. It was contended before the High Court Division on behalf of the p..Category: Property Law | Date: | Hits: 19
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......ying the operation of the order dated 26.11.2002 and by order dated 8.3.2002 the said prayer was rejected. As against that the plaintiff respondent No.1 moved the High Court Division in revisional jurisdiction and the High Court Division, without issuing Rule, by order dated 25.3.2007 passed in ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 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) 478. ......ly, sub-section (2) of section 42 of the Act made it compulsory to deposit 50% either of the demanded VAT or the penalty in order to prefer and appeal before the Tribunal can it be said that in the absence of such deposit the appeal was in form; in other words maintainable? Our answer is in the ......on 42(2) of the VAT Act and that statutory period for disposal of the appeal having had expired the only conclusion that follow is that the appeal has been allowed and as such tribunal had no jurisdiction to proceed with the hearing of the appeal. It was also the contended since the appella..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord 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: 13 MLR (AD) (2008) 359. ......cord 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: 13 MLR (AD) (2008) 359. ......efendants preferred the appeal being Title Appeal No. 348 of 2000 and the appellate Court allowed the appeal and dismissed the suit. The plaintiffs then moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was made absolute. 5. We have heard Mr. Md..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......ereby erred in summarily rejecting the writ petition. He lastly submits that the decree being in preliminary form, the suit remained pending and thus the Artha Rin Adalat had the jurisdiction to consider the application for stay under section 44 of the Act and to grant installm..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......reed the suit. On appeal being Title Appeal No. 6 of 1990, the court of appeal allowed the appeal and dismissed the suit. Being aggrieved, the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....rcise of powers by the writ-respondents to treat the case property as vested property in 1997 does not only tantamount to illegal exercise of power by colourable assumption of law but also amounts to total disregard shown to the rights of the writ-petitioner which is obviously malafide and without j......aw and colourful exercise of power. It is evident that the V.P. case in question was started in 1997 and before that time there was no occasion to treat the case property as a vested property. In the absence of any legal basis the exercise of powers by the writ-respondents to treat the case property......not only tantamount to illegal exercise of power by colourable assumption of law but also amounts to total disregard shown to the rights of the writ-petitioner which is obviously malafide and without jurisdiction. 8. The High Court Division further held that the writ-respondents in violation of t..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... on the plea that he took lease of the same from the Government. The writ respondent No. 1 dismissed the case, against which the writ petitioner unsuccessfully moved the High Court Division in Writ jurisdiction. 3. Leave was granted to consider the submission that Title Suit No. 984 of 198..Category: Civil Law | Date: | Hits: 119
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......Miscellaneous Appeal No. 24 of 1994 the appellate court allowed the appeal and reversed the judgment of the trial court. Being aggrieved, the pre-emptor moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing made the Rule absolute. 5. We ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....(1) and Exhibit Ka(2) and even without touching the evidence of a single P.Ws. and D.Ws. regarding adverse possession made the Rule absolute to the serious prejudice of the petitioner occasioning a total failure of justice; that in view of the pleadings of parties; nature and character of the pr...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......rial Court and such judgment being not a proper judgment of reversal to the serious prejudice of the petitioners occasioning a failure of justice the High Court Division has not properly exercised jurisdiction under section 115(1) of the Code of Civil Procedure to achieve justice in the Case of ..Category: Property Law | Date: | Hits: 41
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......tal parts of his body was quite fit to make a dying declaration. 9. The High Court Division further held that the place of occurrence according to prosecution was a dark Beel (field) and in absence of means of recognition it was not at all possible on the part of victim Shah Alam Babul to...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....ferred to the Court of Artha Rin Adalat No.1, Nilphamari constituted under the provisions of Artha Rin Adalat Ain, 2003 and renumbered as Money Execution Case No. 84 of 2003 on 27.04.2003 which is totally illegal and the proceeding is without jurisdiction as suit under trial can only be transfer...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... Nilphamari constituted under the provisions of Artha Rin Adalat Ain, 2003 and renumbered as Money Execution Case No. 84 of 2003 on 27.04.2003 which is totally illegal and the proceeding is without jurisdiction as suit under trial can only be transferred to the Court of Artha Rin Adalat Ain, 2003..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......it shows that, before issuing Memo dated 11.9.93 regarding the cancellation of the lease of the suit plot, decision was already taken on 8.4.93 to give the above plot to the petitioner which shows absence of good faith and when any action is actuated not by good faith but otherwise, the same mus......firmity 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: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......illingness to accept his submission to dispose of this Miscellaneous appeal as the provision for filing the appeal has riot been complied with. It further appears from the record that in the absence of 50% of the decretal amount deposit to prefer this appeal there is no 'existence of appea......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......itioner have been well answered in the judgment of this Court. 8. He further submitted that there being omission of the date of receipt of the statutory notice by the accused respondent and in the absence of date of cause of action for filing the complaint and, in fact, there being lack of cause ......nd in the absence of date of cause of action for filing the complaint and, in fact, there being lack of cause of action giving rise to the complaint itself, the High Court Division in exercise of its jurisdiction rightly quashed the proceeding and did not exceed the jurisÂdiction nor misdirected it..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
.... go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction cannot be tried by different Courts, and the matter is totally contrary to the provisions of Articles 27 and 31 of our Constitution. The provisions of sect......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......the case, it cannot and should not decide which sorts of cases would go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction cannot be tried by different Courts, and the matter is totally contrary to the provisio..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....rs Unit (LTU), Dhaka by virtue of his being a Director of Apex Weaving and Finishing Mills Ltd and since then he has been paying his tax under LTU. As a regular tax-payer the respondent had paid a total amount of Taka 46,74,99/- as income tax since tax year 1980-81 to 2006-2007, After the emerge...... Nagar Parliament Building, Dhaka for trial and there the case was renumbered and registered as Special Case Nov6 of 2007, It is also stated that the aforesaid special case was not competent in the absence of any prior notice under section 93(3) of the Income Tax Ordinance issued on the responden......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......wners of the suit lands inviting objection and taken over and vested the suit lands in the Forest Department in due consideration of the objections of the owners of the suit lands even in the absence of any such notices having been produced and proved before the court. We do not find f......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... the High Court Division in the case reported in 15 BLD (HCD) 477 and 9 BLC (HCD) 664 and 54 DLR 98 that mere possession of the counterfeit currency notes or in other words possession alone in the absence of other ingredients as in Section 489C of Penal Code, no offence under said section of the......out hearing the State, the order so passed by the High Court Division is not sustainable in law in view of the settled principle of law, that summary disposal of a case, be that in revisional jurisdiction or in other jurisdiction, without hearing the other side is-not legally sustainable an..Category: Criminal Law | Date: | Hits: 38
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......e land to Abbas Ali and his wife Morsheda, all showing complicated question of title and raising important question of defect of party or the plaintiffs alleged possession of the suit land despite absence of credible evidence in support of his possession; that kabala dated July 9, 1968 in respec......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
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