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Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......cree can be passed for vague and unidentified land because in that case the decree would be rendered infructuous and a court of law is not supposed to pass an infructuous decree. 8. In that view of the matter, we are of the view that to ascertain the identity and location of the suit land..Category: Property Law | Date: | Hits: 71
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. ......ve his possession in the land in suit. It may be mentioned the suit was for mere declaration of title. Since the plaintiff failed to prove his possession in the land in Suit we are of the view High Court Division as well as the Courts below have correctly held that the suit was not mai..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......s from the date of expiry of the period prescribed in section 6(2) of the Act. From the reading of the law as in sections 6(2) and 6(2A) of the Administrative Tribunal Act we are of the view the Administrative Appellate Tribunal was not in error in refusing to entertain the Appeal No...Category: Administrative Law | Date: | Hits: 102
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. ......carry on business of insurance can be issued. 6. Being aggrieved the appellant moved this Division in civil petition for leave to appeal wherein learned Counsel for the appellant submitted that in view of the laconic and bald statement in the affidavit-in-opposition filed by respondent No.2 and i..Category: Business or Commercial Law | Date: | Hits: 81
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....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. ......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)
....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. ......nd separate receipts and the execution of those has also not been denied by the petitioners and the trial Court, considering all these facts minutely, decreed the suit. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 26
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. 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) 580. ......;ingly made the Rule absolute. 7. We have considered the materials on record and the submissions of the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Procedural Law | Date: | Hits: 91
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. ......r of the High Court Division this petition for leave to appeal has been filed. 9. We have heard the learned Advocate-on-record and upon perusal of the materials on record we are of the view that the High Court Division has committed no error in passing the order of injunction restrai..Category: Property Law | Date: | Hits: 20
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....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. ...... Dhupi, the plaintiff, was not a party. Hence the suit for declaration that the decree passed in Title Suit No.69 of 1961 at the instance of Lakshman Chandra Dhupi could not be entertained. In this view of the matter, the appeal was dismissed. 9. In the facts and circumstances of the case..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....hat a duty is cast upon the plaintiff to bring the necessary parties on record even though the defendants are silent as to who are the necessary parties in the suit and thus arrived at an erroneous finding that the suit was bad for defect of parties and accordingly, dismissed the suit.......from the suit land and accordingly threatened him on 30.06.1989 with dispossession therefrom. Thus, it is also apparent that the plaintiff had further relief or reliefs to ask for and in that view of the matter the suit is hit by the provision of Section 42 of the Specific Relief Act. There..Category: Property Law | Date: | Hits: 22
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. ......er hearing both the parties and perusing the materials on record framed charge under section 500/501 of the Penal Code and rejected the prayer of the accused persons for discharge. 6. In our view against the order rejection of prayer for discharge under section 241A of the Code of Criminal..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. ......ions 11(Kha) and 30 of the Ain and found that the Tribunal took cognizance on the basis of materials and dismissed the appeal. 15. We have perused the First Information Report and are of the view that it disclosed materials constituting offence punishable under Sections 11(Kha) and 30 of t..Category: Criminal Law | Date: | Hits: 41
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ..Category: Property Law | Date: | Hits: 21
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......e order of the learned Assistant Judge allowing the application for adding the aforesaid applicants as the defendants filed an application under Section 151 of the Code of Civil Procedure to review the aforesaid order dated 17.08.1993. 6. The learned Assistant Judge by order dated 02..Category: Property Law | Date: | Hits: 24
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. ...... clear that the signatures of the plaintiff in the affidavit before the notary Public at Khulna are rather admitted. 9. Therefore, in the facts and circumstances of the case, we are of view that the High Court Division upon correct assessment of the materials on record arrived a..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. ......mud and after the State Acquisition and Tenancy Act came into force, the petitioners as heirs of Ali Mamud has become tenant by operation of law under the government." 17. In view of the materials on record we hold that as M.R.R. Khatian appears to have been recorded in the..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......essmen, in one voice supported the case of the defendants that since the deed of gift of the year 1944 Moheshkhali High School is in possession of the suit land. 6. Accordingly we are of the view that the High Court Division on proper appreciation of the materials on record arrived a..Category: Property Law | Date: | Hits: 29
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... 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. ......lso perused the report of the special committee regarding examination of the process of production by using G.P. sheet and Zinc ingot in the appellant's factory. 12. Therefore, we are of the view that the claim of the respondents for payment of VAT of Tk.2,16,05,049.00/-was not based on a..Category: Fiscal/Taxation Law | Date: | Hits: 83
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