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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. ......nd that the Title Suit No.346 of 1977 was decreed ex parte on 05.06.1980. The High Court Division held that this will be sometimes after 1980 as the ex parte decree was passed on 05.06.1980 and the law on enemy property itself died with the repeal of Ordinance 1 of 1969 with effect from 23.0..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would arise." 11. The aforesaid provision has done away with in respect to ..Category: Property Law | Date: | Hits: 22
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. ...... 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to accused Abu Hanif. After marriage her husband went to Saudi Arabia with the help of his in-laws for earning his livelihood. During his stay in Saudi Arabia other members of his family used t..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. ......henticated by Notary Public at Khulna while the plaintiff was serving there obtaining his signatures thereon converting the same as confirmation of oral gift though no formalities as required under law took place in this behalf. The further case of the plaintiff is that the name of the witnesses..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. ......us possession in the suit land since the time of Ali Mamud 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 th..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. ...... possession of the plaintiffs in the suit land and so the suit having been filed against a wrong person is not maintainable. The High Court Division further held that the settled principle of law is that the plaintiff is to prove his/her own case but in support of plaint case the plaintiffs..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. ......Rule 3 of the VAT Rules,1991 and the conditions attached to the declarations in MUSAK-I submitted by the appellant. 5. The High Court Division discharged the Rule holding that no question of law is involved in the writ petition. The contention is purely a question of fact as to whethe..Category: Fiscal/Taxation Law | Date: | Hits: 83
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. ......such tribunal had no jurisdiction to proceed with the hearing of the appeal. It was also the contended since the appellate authority did not dispose of the appeal in violation of the provisions of law as in section 42(4) of the VAT Act the imposition of penalty and demand of VAT was illegal..Category: Fiscal/Taxation Law | Date: | Hits: 69
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. ......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 merit. ..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. ......the suit. 4. The defendant Nos.4-5 contested the suit by filing written statement denying the material allegations made in the plaint contending, inter alia, that the suit is barred by law and the suit property is a debuttar property and the suit property belonged to Sree Sree Hari T..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.......in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 day..Category: Property Law | Date: | Hits: 33
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. ......eld that the co-sharer by inheritance (pre-emptor) would exclude co-sharer by purchase (pre-emptee). The High Court Division further held that the appellate court on misappreciation of the fact and law allowed the appeal. 8. Since the pre-emptor is a co-sharer by inheritance and the pre-em..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. ......ary Sheikh who transferred the entire land by an oral gift in favour of Sonajan. Madary Sheikh has no male issue. Sonajan was married to Jinnat Sheikh and the later was taken as domesticated son-in-law. During C.S. operation the suit land was recorded in the name of Madary Sheikh but in the poss..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. ....... It appears that the High Court Division while making the Rule absolute duly considered the above submissions of the parties and arrived at a finding that the District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing its judgment. A..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. ......y and others in their maliki right and one Kota Ullah was a joteder in respect of the suit property and other properties. Subsequently, Kota Ullah became tenant under the Government by operation of law and he sold 0.06 acre out of the Suit Plot No.1006 to one Abdul Mannan Chowdhury by a registere..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. ......on “on a meticulous survey of evidences, browsing materials on record and rummaging fact and circumstances of the case and embarking a research on acceptability of Dying Declaration and also law engrafted in Section 302 and 34 of the Penal Code” concluded that that the prosecution ha..Category: Criminal Law | Date: | Hits: 36
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. ......Rin Adalat Ain, 2003 and, as such, the impugned execution proceedings being Money Execution Case No. 84 of 2003 renumbered from Money Execution No. 20 of 2001 is without jurisdiction, without any lawful authority and is of no legal effect; that the learned Judge, Artha Rin Adalat No. 1, Nilpham..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. ......on and after hearing the High Court Division on allowing the appeal decreed the suit. 6. The learned counsel for the defendant No.7/petitioner submitted that the High Court Division erred in law in granting declaratory decree simplicitor when the respondent No.1, in the facts and circumst..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......gh Court Division based its findings on surmise, conjectures and extraneous circumstances for which the findings are liable, to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on mi..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. ......site amount of money before filing appeal based on the amount of the decree which must mean that the order or the decree appealed against must arise out of the suit and it is a settled principle of law that an execution proceeding is not a suit; that Section 26 of the Artha Rin Adalat Ain applie..Category: Business or Commercial Law | Date: | Hits: 82
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