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Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......parte decree on 15.11.1974 on the basis of some forged and fraudulent documents by suppressing service of summons upon the present plaintiff. The plaintiff came to know about the ex parte decree in question on 31.07.1989 and then filed the suit. 3. The defendant contested the suit by ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......xamination for Promotion) Rules, 1986 have challenged its vires merely as a camouflage to invoke the extra ordinary jurisdiction of this High Court Division under Article 302 of the Constitution. The question of promotion has not been recognized by our Constitution as a fundamental right and it cann...... sustain the presumption of constitutionality the Court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and (f) While good faith ..Category: Employment/Service Law | Date: | Hits: 133
Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)
.... reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ...... for the petitioner and the learned Deputy Attorney General held that from the impugned order dated 22.03.2000 passed by the Taxes Appellate Tribunal it is clear that the Tribunal only decided the question of limitation and found that the appeal preferred before the Appellate Joint Commissioner ......rose out of an order dated 22.03.2000 in Wealth Tax Appeal No.72 of 1999-2000 for the assessment year 1995-96 passed by the Taxes Appellate Tribunal Dhaka, Division Bench-1, Dhaka. 2. Short facts are that in the present reference application the petitioner Mrs. Rani Bilkis Banu Chowdhury ..Category: Fiscal/Taxation Law | Date: | Hits: 67
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ed by some 3rd parties claiming their title over the property and for declaring that the mortgage suit was illegal and for a declaration that the publication of writ of auction and notification in question are illegal and the matter reached the High Court Division in first appeal No.171 of 1981 ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ..Category: Banking Law | Date: | Hits: 90
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......ion whereof the loan was obtained from the Bank nor he was a borrower in any respect and that he did not execute jointly or singly any document in favour of the Bank in connection with the loan in question. The last contention of the writ-petitioner was that decree was passed by the Artha Rin Ad......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ..Category: Civil Law | Date: | Hits: 73
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... or 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: V ADC (2008) 793. ...... or 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: V ADC (2008) 793. ...... section 17 of the Muslim Marriages and Divorces (Registration) Act, 1974, the Government would not have authorized him to register divorces by issuing the Exhibit 'Jha' further both the courts of facts below having found fault with the alleged licence of the petitioner, Ext.7, giving cogent rea..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......e of its revision-al power as is limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Division held in the light of the above fact that "the trial Court erred in law and facts in dismissing the suit on holding that the defendant is not a defaulter on misconception of do..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ..Category: Alternative Dispute Resolution | Date: | Hits: 192
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ...... 7. In that view of the matter, this rule has become infructuous. Besides the High Court Division on consideration of the material on record found that the goods in question were put to sale again on14.5.1997 and the highest bid of respondent No. 6 at Tk. 16,67,00......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......uthority by entertaining such writ petition under Article 102 of the Constitution and as such the Rule Nisi as well as the order passed thereunder having had no legal sanction behind it and as such question of violation of such order did not at all arise which warranted for drawing up a la......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......tted an error in holding that the document filed after closing of the evidence should have been expunged. 6. We are not impressed by the submissions of Mr. Bivash Chandra Biswas. In the facts and circumstances of the case, the High Court Division upon correct assessment of the evidenc..Category: Property Law | Date: | Hits: 91
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ....... 2-15 and the said property was never partitioned by metes and bounds, that one Md. Aftab Hussain, son of opposite party No.1 disclosed on October 10, 1984 about the sale of the property in question and on that date for the first time the pre-emptor came to know from said Md. Aftab Hussai......; This Case is also Reported in: V ADC (2008) 768. ..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......he materials in the petition for leave to appeal. The learned Advocate-on-record for the petitioners could not point out that the finding as to the genuineness of the agreement for sale and on the question of limitation and as regard the defendants' story of loss of their papers relating to the ......eration of Tk. 31,000/-. The High Court Division concurred with the finding of the Courts below as to the age of the defendants upon discarding the Ext. Ja which was not relied upon by the Court of facts upon assigning due reasoning. The High Court Division also concurred with the finding and re..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ...... of 1996, and the appellate Court set aside the judgment and decree of the trial Court on the finding, that the relationship of the plaintiffs and the defendant having had been decided, earlier the question of acquiring title by adverse possession is not legally tenable and the suit filed by the p......and obtained Rule. The High Court Division on consideration of the materials on record held that "The learned Subordinate Judge most illegally decreed the suit by his judgment without considering the facts that the fate of the plaintiff-petitioners have already been decided in S.C.C. Suit No. 13 of ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 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) 759. ......ch in the absence of seeking consequential relief i.e. recovery of possession the suit was not maintainable. The appellate Court did not address itself to the said vital aspect of the case and the question of law. The High Court Division as seen from the judgment sought to be appealed consid......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) 759. ..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......dditional work done as per direction of the 2nd party had been given as per direction of the 2nd party. The excess work was done in 1995 and despite repeated written and verbal request the bill in question was not paid even in 1997. Thus being aggrieved the 1st party applied to the General Manag...... 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of the first party plaintiff. 2. The facts, in short, are that the 1st party entered into a contract with the 2nd party on 24.08.1994 an..Category: Business or Commercial Law | Date: | Hits: 129
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......e Appellate Tribunal in A.A.T.Appeal No.71 of 1998 allowing the appeal reversing those dated 20.07.1998 of the Administrative Tribunal, Dhaka allowing A.T. Case no. 96 of 1995. 2. The short facts are that while the petitioner was serving as a Sub Inspector of Police at Chhagolnaya Po..Category: Administrative Law | Date: | Hits: 89
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......gally kept, in the locker of the bank, the bank cannot be held responsible. 5. Moreover the liability if any of the bank in respect of such loss of money is of civil nature. 6. In the facts and circumstances of the case and in view of the discussions made above, we are of the view t..Category: Criminal Law | Date: | Hits: 49
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......ence failed bring out any inconsistency thereof nor there is anything to show that the condemned-prisoner was not at home in the night of occurrence. 12. Considering all these facts and circumstances of the case, we one of the view that the learned Judges of the High C..Category: Criminal Law | Date: | Hits: 32
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