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M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......tional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No. 276 of 2002 affirming of those dated 30.09.2002 passed by Waqf Administrator, Dhaka in E.G. Case No. 16832/ Chittagong. 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appoi..Category: Trust/Waqf Law | Date: | Hits: 210
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......or leave to appeal is directed against the judgment and order dated 2nd December, 2007 passed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2n..Category: Property Law | Date: | Hits: 22
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ...... the writ-petitioner has no locus standi to file the writ petition. In case of Nizamuddin and others Vs. Bangladesh, the Appellate Division held that alteration of boundary of the Municipality is a question of fact which cannot be decided in writ jurisdiction. The similar question was decid...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......o appeal is directed against the judgment and order dated 26.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff instituted Title Suit No.76 of 1992 in the Court of Additional A..Category: Property Law | Date: | Hits: 34
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......aintiff allegedly made the gift of his property in favour of his one son defendant No.1 depriving the other, the plaintiff which is not permitted under the law and the instant case, involves a question of law to great public importance as to whether a Hindu governed by Dayabhaga school of l......ge of the High Court Division in revision. 7. Before entering into details, we may be permitted to state that the trial Court (Assistant Judge) found to have considered all the material facts relevant for disposal of the suit. As against this, the learned Additional District Judge-the..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 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: VI ADC (2009) 229. ......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: VI ADC (2009) 229. ......al is directed against the Judgment and order dated 05.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3195 of 1998 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 in the Court of Munsif(now Ass..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... basis of the decisions of the Board of Directors in terms and conditions of the Memorandum and Articles of Association of the said Companies. 9. The High Court Division considered the question whether the said employer Companies after their placement under the BCIC still maintain th......e to appeal is directed against the judgment and order dated 13.07.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 4388 of 2003 discharging the Rule. 2. Short facts are that the 60 writ petitioners by filing 6 writ petitions challenged their orders of p..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity 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: VI ADC (2009) 223. ......r infirmity 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: VI ADC (2009) 223. ......r infirmity 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: VI ADC (2009) 223. ..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord 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: VI ADC (2009) 217. ......rder to grab the property although he was never in possession thereof. However, there was a local salish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defendant No. 1. 4. The trial Court on consideration of the mater...... genuineness of the deed. The High Court Division accordingly held that the document in question is a forged one and it was created by the defendant by false personification. 7. In the above facts and circumstances of the case and in view of the discussion made above, we are of the view t..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......order of the High Court Division and other papers on record. 10. It appears that the High Court Division believed the contract and found that the plaintiff was entitled to get the kabala in question and the trial court rightly decreed the suit since the contract has been believed the suit...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ..Category: Property Law | Date: | Hits: 23
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......nbsp; 2. Both the petitions being disposed of by the same judgment and common questions of law and fact arising therein, the two leave petitions are disposed of by this sin......of the High Court Division in both the leave petitions. 8. The learned Counsel for the petitioners submits that the finding of fact arrived at by the appellate court being the final court of facts, the High Court Division had no jurisdiction to disturb the final finding of facts without re..Category: Property Law | Date: | Hits: 25
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ...... suit is liable to be dismissed with cost. 5. A.K.M Shafiqul Alam, learned Advocate appearing for the petitioners submits that the High Court Division due to misconception of law as well as facts passed the impugned judgment and order which is liable to be set aside in the interest o..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......ial Relations Ordinance, 1969. 2. All the three leave petitions arose out of the same judgment; these were heard analogously and are being disposed of under this judgment. 3. The facts leading to the leave petitions are that all the respondents in three writ petitions as first ..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... mechanically affirming the decision of the appellate Court below without applying his judicial mind. The learned Advocate further submitted that the appellate Court below wrongly decided the question of limitation without considering at all the legal effect of fraud and as per Section 18 o......inate Judge, 4th Court, Khulna in Title Appeal No. 286 of 1998 reversing those dated 27.08.1998 passed by the learned Assistant Judge, Paikgacha, Khulna in Title Suit No. 139 of 1994. 2. The facts of the case are that the plaintiffs instituted Title Suit No. 139 of 1994 in the Court o..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ed composite investment to the defendant for Tk. 2,50,00,000.00 out of which Tk. 2,00,000,00.00 (two crores) were earmarked for L/C and Tk. 50,00,000.00 for pre-shipment investment and the loan in question was re-schedule as per prayer of the defendants. The defendants did not manufacture a......So, all the petitioners are individually and collectively liable to pay the principal amount of Tk. 3,56,3827-77/- with profits, compensation and other expenses as claimed. Considering all the facts and circumstances it appears that the bank exhausted all process in accordance with law..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... Ordinance of 1949, required fresh confirmation because the vendor Abdul Ghafoor Sarin had become an evacuee. The previous Order of the Custodian, however, was saved by section 48 of the Ordinance in question. The transaction is perfectly genuine it is not denied. The appeal is dismissed". Th......ot liable to be set aside. 14. It seems to me that the learned Custodian has fallen into an error in coming to the conclusion that the learned Additional Custodian had not applied his mind to the facts of the case and had not treated the above application moved by the respondent No. 1 as that of..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and othÂers, 2007, 36 CLC (AD)
....stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......Rule affirming the judgment and order passed by the High Court Division in Civil Revision No. 230 of 1987. 2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for p..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ...... fundamental rights conferred by Part III of the Constitution. This is necessary to keep un and maintaining the welfare of the State. As a matter of fact there is no scope for enquiry into the question whether the fundamental rights the enforcement of which the President has suspended under ......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......per SRO dated 16.8.1988 which was prevalent when the writ petitioner submitted the Bill of Entry. 5. Leave was granted to consider the submissions that the Tariff value of the goods in question having been fixed by SRO dated 16.08.1988 after opening of the letter of credit and before......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......e headed by its President Haji Mohiuddin Ahmed. Accordingly a Waqf Inspector prepared a myth biased inquiry report on 05.08.2003. The petitioner submits that this inquiry report was not based upon facts and the same is malafide. The petitioner filed a written objection on 05.08.2003 against the ..Category: Trust/Waqf Law | Date: | Hits: 173
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