Search Options
Judgment Advanced Search
Displaying 5541-5560 of 7133 results.
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......sp; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a Single Bench......and possession in, the suit land upon reassessment of evidence without reversing the material findings and without giving any finding as to how the lower appellate Court committed an error of law within the meaning of Section 115(1) of the Code of Civil Procedure. Learned..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......mpty condition; subsequently Collector of Customs. 3. Chittagong passed an adjudication order on 7.7.1987 finding that the respondents had smuggled contraband goods into Bangladesh and accordingly confiscated the vessel and imposed fine; the respondents then preferred an appeal ......Industrial Co. Pte. Ltd. & anothers………….........Respondents Judgment June 20, 2005. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Ex- Parte-......No. 316 of 1988 making the Rule absolute declaring that confiscation of the vessel as well as imposing of penalty on the writ petitioners and each of the members of the crew are illegal and without lawful authority. 2. The respondent No.1 filed the above writ petition stating, inter alia,..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 116 of 2006 (From the judgment and order dated 17.8.2005 passed by the High Court ......r the respondent-writ petitioner filed the above writ petition and obtained the impugned order dated 17.8.2005 whereby the aforesaid order dated 8.8.2000 of the Land Appeal Board was declared without lawful authority. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submit..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......e petitioners in the Title Suit No. 81 of 1987 is also not necessary in order to enable the court to adjudicate and settle all the questions involved in the suit effectually and completely and accordingly the learned court below did not commit any illegality in rejecting the said applicatio......e Petitioners Munsur Habib, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-23. Civil Petition for Leave to Appeal No. 1472 of 2005. (From the judgment and order dated 24th April, 2005 passed by th......did not challenge the Sale Deed No. 4979 dated 22.12.1963 executed in favour of Hosne Ara and others to the extent of their shares and so the trial court as well as the High Court Division erred in law in not allowing the application dated 10.9.2001 for addition of party on an erroneous view..Category: Property Law | Date: | Hits: 24
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. ......cted papers. 5. He submits that from the plaint it is clear that the plaintiff has made specific prayer for recovery of khas possession in respect of schedule-2 land and the suit was decreed accordingly and further submitted that the plaintiff never prayed for holding local investigation ......llip;………….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved:......n that by summarily allowing the revisional application, the High Court Division practically gave substantive relief sought in the revisional application and hence the High Court Division erred in law in passing the impugned judgment and order. 4. We have heard Mr. Md.Waliul Islam, the l..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....e appeal on accepting of the explanation offered as regard the delay in filing the appeal, considering the same as sufficient and that merit of the case requires condonation of delay for doing justice to the parties. 16. It is the accepted principle of law that the justice is to be do......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. ......ers Vs. Md. Shahin Reza ............................................Respondent Judgment November 18, 2007. Lawyers Involved: Abu Bakkar Siddique, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the Petitioners. Sufia Kha......lected in the judgment of the Administrative Tribunal clearly show that the appeal was filed beyond the period as provides in section 6(2A) of the Administrative Tribunal Act, 1980. 14. The law as in the Act empowers the Administrative Appellate Tribunal to condone the delay in filin..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. ......the fundamental rights of the appellant does not stand on any foundation. 11. Fulfilment of requirement or inclusion of the appellant's company in the panel of the companies for consideration of according permission to do insurance business itself does not confer any legal right to claim that t......: V ADC (2008) 588. ......o why the impugned action of failing to issue a permission letter in respect of the registration of the Agrani Insurance Company Limited (Proposed) should not be declared to have been taken without lawful authority and/or to be unconstitutional as being violative of the appellant's fundamental r..Category: Business or Commercial Law | Date: | Hits: 81
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. ......ment November 8, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed by the Admi......defendant No.5 contested the case by filing written statement denying material allegations made in the plaint contending, inter-alia, that the penalty was awarded in accordance with law. 4. The case was fixed on 25.05.2004 for hearing but the petitioner failed to appear bef..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. ......h Court Division upon correct assessment of the materials on record arrived at a correct decision. 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. ......005) Vs. Md. Shafiqul Huq, being dead his heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyer......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. ......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. 9. Mr. Abdus Salam Khan, learned Counsel, appearing for th......king the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his father and by amicable arra......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. ......le to appreciate the submissions made on behalf of the appellant and as such do not find any 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. ...... April 17, 2007. Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Golam Kibria, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Ap...... 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. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....ecided that the learned Magistrate is not authorized to regulate the physical possession of the land in question keeping the matter pending in a civil Court and thus has caused miscarriage of justice. 6. We have heard the learned Advocate for petitioner and perused the materials avai......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. ...... 20, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 136 of 2006. (From the judgment and order dated 07-12-2005 passed by the High ......t who also affirmed the impugned order passed by the learned Magistrate on 3.5.1995 in M.R. Case No. 293 of 1977. 4. Being aggrieved by and dissatisfied with the impugned judgment, passed by lawyers the learned Additional Sessions Judge in Criminal Revision No. 128 of 1982 the 2nd party, ..Category: Property Law | Date: | Hits: 21
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. ...... 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. ......ahidul Huq, Advocate-on-Record) - For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High ......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. ......or declaration of their title in the suit land stating, inter-alia, that the suit land originally belonged to landlord Amatullah Gasu and others and one Ali Mamud was a Korfa Tenant under them and accordingly C.S Khatian No.441 of Mouza Rahabol was published and that Ali Mamud died leaving one s...... Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by the High ......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. ......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. ...... Lawyers Involved: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 passed by t...... 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. ......the manufacturers, respondent No.2 by an order dated 23.11.1993 determined the assessable value of GP and CGI sheeets at Tk.37,700/- and Tk.38,000/- respectively. The appellant has been paying VAT accordingly as per the said assessment. On being asked by respondent No.4 the appellant submit...... M. A. Aziz J N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment Ma......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. ......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. ...... Mohammad Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment ......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. ......h Court Division upon correct assessment of the legal position and materials on record arrived at a 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. ......ir, Advocate-on-Record-For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 3 Not represented-For Respondent Nos. 1-2 and 4. Civil Petition for Leave to Appeal No. 1542 of 2007. (From the judgment and order dated.5.9.2007 passed by the High C......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. ......is that the property originally belonged to one Moni Dasi who established a family deity Sree Hari Thakur Deb Bigraha to her said house and constituted herself as the Shebait of the said deity and accordingly during C.S. operation, the entire land mentioned in schedule-A to the plaint was record......arendra Nath Nondy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1176 of 2005. (From the judgment and order dated 11.05.2004 passed by the Hig......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.......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.......ding, Dhaka and others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For t......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
27012700269926982696269426932687268626852683268226802679267826772673267126702669