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Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ....... Sree Mon Mohan Shaha and another .......Appellants (In Civil Appeal No.9 of 2005). Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others................Respondents (In both cases). Judgment June 30, 2009. Cases Referred To- Chitta Ranjan Sutar Vs. Secretary, Ju..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......rt Division in Criminal Miscellaneous Case No.1930 of 2008 making the Rule absolute and thereby quashing the proceedings in Foreign Exchange Control Tribunal Case No.12 of 2007. 2. The prosecution case, in behalf, in behalf, is that S. I. Md. Rafiqul Islam lodged Motijheel P.S. Case No. 70(2)07 o..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 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: 17 BLT (AD) (2009) 314. ......o show that the Tariff Value as fixed has no nexus with the prevailing international market rate and or the Tariff Value as fixed is inflated one. It also appears that our appellate Division in the case of Mostafa Kamal Vs. Commissioner of Customs and others reported in 52 DLR (AD) 1 has observe..

Category: Fiscal/Taxation Law | Date: | Hits: 125

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 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) 1019. ......er dated 01.02.2007 passed by a Division Bench of the High Court Division in Criminal Revision No. 207 of 1999 quashing the pro­ceeding of C.R. Case No. 4383 of 1998. 2. The prosecution case, in short, is that on 30.03.2997 the petitioner No.2 threatened to put the office of the comp..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......did not even recommend for such withdrawal of the Monthly Pay Order, rather it recom­mended for its continuation. 9. Careful examination of the relevant law and the fact obtaining in the case shows that the Ministry of Education acted con­trary to law and against the principles of ..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......ed for pay­ment of the installments the suit has been filed and that while granting repayment of the outstanding loan amount in install­ments the bank put a condition to the effect that in case of failure to pay two successive installments, the defendant would be disentitled from the pri..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......ted against the judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bah..

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. .......1929 to the said Achiya Khatun and thus Achiya Khatun acquired right, title and possession over the land of the patta. The land of C.S.  Khatian No.361 was sold in auction in rent. Execution case for arrears of rent due to the superior land lord and the same was purchased by one Wahab Ali..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......o erred in failing to hold that as the defen­dant No.1 did not leave the country before 1965 the suit property could not be legal­ly held to be an enemy property, particu­larly when it was not the case of the Government that the vendor left the coun­try before 1965. 7. We have heard the learn..

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......eave to Appeal is directed against the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No.251 (P.M.) of 2005 discharging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Co..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......on No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Dutta and others….........Respondents (In both the cases) Judgment March 11, 2009. Lawyers Involved: Mvi. Md. Wahidullah, ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order can however be made to facilitate a party to fill up the lacuna in his case.....

Category: Procedural Law | Date: | Hits: 105

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......ples being followed by the courts, the fugitives from justice either convicted or not will be emboldened and despite processes have been issued, they will defy the processes of the courts and in such cases, the administration of criminal justice will be crumbled . . . A convict who seeks the interfe..

Category: Anti-Corruption Laws | Date: | Hits: 211

Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)

....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......ision and other materials in the paper book. The Judgment and order of the High Court Division has been passed upon due consideration of the materials on record. In the facts and circumstances of the case, we are of the view that the High Court Division has committed no error in discharging the Rule..

Category: Civil Law | Date: | Hits: 109

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....there 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: 17 BLT (AD) (2009) 306. ......posed the Rule while the respondent No.2 supported the Rule. The High Court Division, after hearing, by the impugned order disposed of the Rule with the directors as above and also holding that in case of the failure of the petitioners to comply with the same the Artha Rin Adalat will make the a..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ismissing the appeal thereby affirming those dated 24.11.1996 of Subordinate Judge,1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Se..

Category: Property Law | Date: | Hits: 99

M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 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: 17 BLT (AD) (2009) 298. ...... Bills of Entry under the Finance Act, 1999. The petitioner drew the attention of the respondents that the duties at the rate of 25% on Cement, the supplementary duty shall not apply in the present case, but the respondents paid no heed thereto. 3. Mr. Habibul Islam Bhuiyan, learned Couns..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Md. Rafique and another Vs. Md. Musa 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: 17 BLT (AD) (2009) 228. ......2.1971 and 5371 dated 29.04.1978 in favour of the defendant Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The plaintiffs' case, in brief, is that Badruzzaman was the owner of suit land. He sold 'Ga' schedule land on 24.1..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ys in filing this application is condoned. 2.  By this application the petitioners have prayed for leave to appeal against the judgment and order dated 08.05.2008 passed in Criminal Miscellaneous case No. 7287 of 2005 by the High Court Division discharging the rule. 3. The High Court Division..

Category: Criminal Law | Date: | Hits: 163