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Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....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. ...... of the matter it is clear that defendants have no claim in respect of the land of Plot Nos. 3/3315, 3/3317 and 3/3319 which are the plots in suit. In the background of the said fact we are of the view the High Court Division as well as the trial Court were quite correct in decreeing the suit wh..Category: Property Law | Date: | Hits: 19
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......ort of the Credit Information Bureau of Bangladesh Bank the applicants have become disentitled to any loan or financial assistance from any bank or financial institution as defaulting borrowers in view of section 27 KaKa (3) of the Bank Companies Act. Hence the applicants filed these two writ pe..Category: Banking Law | Date: | Hits: 103
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. ......d Senior Assistant Judge, Cox's Bazar, passed in Other Class Suit No. 17 of 2006 and thereby without issuing any Rule restoring the ad interim order of injunction which was earlier vacated in view of the provision of Order 39 rule 5A(3) CPC. 2. Brief facts for disposal of this leave ..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. ......ommissioner. It further appears that by subsequent amendments only ratio of deposit was reduced but keeping it mandatory to make the deposit for maintaining and hearing an appeal We are of the view that in order to get the benefit of subsection (4) of Section 42 of the VAT Act the appea..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. ......intiff in exclusive possession of the suit land and also found prima facie title of the plaintiff in the suit land. Accordingly the trial Court decreed the suit. But the appellate Court was of the view that since question of title is involved in the suit, the trial Court was not justified in dec..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
....on to consider the application for stay under section 44 of the Act and to grant installment payment under section 49 of the Act, but the Artha Rin Adalat failed to exercise its jurisdiction on the erroneous view of law that it became functus officio and had no jurisdiction to decide the applica......ider the application for stay under section 44 of the Act and to grant installment payment under section 49 of the Act, but the Artha Rin Adalat failed to exercise its jurisdiction on the erroneous view of law that it became functus officio and had no jurisdiction to decide the application on me..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. ......e property. Subsequently Rajeshwar Chakraborty, the youngest son of Jotish Chandra Chakraborty who is the present plaintiff, embraced Islam in 1962 and adopted the Islamic name Md. Abdul Hannan. In view of such conversion of the plaintiff, a very strained relationship cropped up between the plain..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ners' case inspite of the fact that the writ-respondents refrained from taking action against the illegal occupants, police personnel for evict ion from the case property. The High Court Division, in view of the matter, held that the inactions of the writ-respondents tantamount to abetment to such u..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. ...... Bangladesh Vs. K. M. Zaker Hossain and others reported in 23 BLD(AD) (2003) 24. 16. Therefore, in the above facts and circumstances of the case and the discussions made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a ..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. ......he fact and law allowed the appeal. 8. Since the pre-emptor is a co-sharer by inheritance and the pre-emption case is within time, and the pre-emptee is a co-sharer by purchase we are of the view that the High Court Division upon correct assessment of the materials on record made the Rule ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... 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. ......out 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 present partition suit, evidence both..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......se was jointly contested by pre-emptee Nos.1 and 2 and by pre-emptee No.14 by filing separate written objection. 4. The case of the pre-emptee Nos.1 and 2 is that the pre-emtpee No.2 with a view to meet the expenses of her daughter's marriage took loan of TK.7,000.00 from pre-emptee No.1...Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......ditional Deputy Commissioner (Revenue) Sylhet under Section 54 of the State Acquisition and Tenancy Act for correction of record of right but that Miscellaneous Case was disallowed. Ultimately on review the correction of record of right was ordered on the basis of the orders passed in Miscellaneo..Category: Property Law | Date: | Hits: 30
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. ......urrence that took place on 06.04.1997 and as such the statements of these witnesses cannot be accepted but the trial court relied upon their evidence in convicting the Convicts, hi our view the evidence of these witnesses viz., P.Ws.2,3 & 4 were rightly left out of consid..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......High Court Division. The High Court Division further held that the demand for dowry has been proved by evidence of P.Ws. 1, 2, 3 & 4. 7. 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: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... 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. ......District namely, Artha Rin Adalat No.1. The only ground stood before the High Court Division is that as per Section 60(3) of the Artha Rin Adalat Ain, 2003 the suit cannot be transferred. In view of the above, the submissions of the learned Advocate for the petitioner deserves no consider..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. ......ive 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 must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....w on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences on record in its proper perspective and came to an erroneous finding that the Appellate Court below reversed the judgment and decree of the trial Court...... such the same cannot be a deed in the eye of law and it has no value in the eye of law. So, the defendant could not claim that he has acquired any right, title and possession in the suit land. In view of the above, we find no substance in the submissions of the learned Advocate for the petitione..Category: Property Law | Date: | Hits: 42
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. ...... 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 appeal in the eye of law. In view, of the above, we find no substance in the submission of the Advocate for the petitioner. ..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 ......e and receipt of notice under section 138 of the Negotiable Instruments Act, 1881 is a question of fact which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DL..Category: Criminal Law | Date: | Hits: 67
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