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Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......rder passed by the learned Assistant Judge does not suffer from any illegality. 15. We have perused the judgment and order of the High Court Division. The learned Single Judge considered the facts and circumstances and came to a correct decision in discharging the rule. In this view..Category: Property Law | Date: | Hits: 24
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. ......purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue Department of the Government and has be......o appeal is directed against the judgment and decree dated 09.05.2005 passed by a Division Bench of the High Court Division in First Appeal No. 114 of 2000 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No.220 of 1994 for cancellation of oral gift in resp..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. ......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. ......on for leave to appeal against the judgment and order dated 28.11.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2341 of 1996 making the rule absolute. 2. The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 ..Category: Property Law | Date: | Hits: 22
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. ......ant as per 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 ......y leave is directed against the judgment and order dated 23.05.1999 passed by a Division Bench of the High Court Division in Writ Petition No.281 of 1998 discharging the Rule Nisi. 2. Short facts are that the appellant-company is a manufacturer of GP sheets and CGI sheets. Zinc Ingot..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ...... the Court of appeal below being the final Court of fact did not consider the oral evidence as regard possession of the parties inspite of the fact that in a suit for permanent injunction the question of possession is a material one. 7. On behalf of the defendant opposite partie......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..Category: Property Law | Date: | Hits: 19
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......ers. He further submits that there was no contrary instruction regarding withdrawal of the civil petitions as was mentioned in the earlier letter dated 22nd March 2006. 10. In the facts and circumstances of the case and in view of the discussion above, we are of the view that si..Category: Banking Law | Date: | Hits: 103
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ...... No. 17 of 2006 and thereby without issuing any Rule restoring the ad interim order of injunction which was earlier vacated in view of the provision of Order 39 rule 5A(3) CPC. 2. Brief facts for disposal of this leave petition are that the plaintiff/respondent No. 1 filed the above O..Category: Property Law | Date: | Hits: 26
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. ...... was that the claim made by the authority was barred as per provisions of Section 55 of the VAT Act and that the appeal having had accepted for hearing on furnishing of the bank guarantee the question of furnishing bank guarantee beyond statutory period became redundant. 4. Th......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord 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: 13 MLR (AD) (2008) 359. ......ndents and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court decreed the suit holding that in a suit for permanent injunction the question of title of the parties to the suit land is to be gone into incidentally and the paramount......cord 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: 13 MLR (AD) (2008) 359. ..Category: Property Law | Date: | Hits: 30
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....... but the writ-respondents have not yet taken any step pursuant to those enquiry reports. It appears from the list of vested property of Kotwali Police Station, Dhaka (Annexure-G) that the property in question was not included in the list as vested property. 7. It is evident from the documents a......5.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 days from the date of receipt of the copy of the judgment. 2. The facts of the case, in short, are that the writ-petitioner, Dhaka Memon Anjuman, is a charitable orga..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... is directed against the judgment and order dated 2nd July/2000 passed by the High Court Division in Writ Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon ......min CJ. - This appeal by leave is directed against the judgment and order dated 2nd July/2000 passed by the High Court Division in Writ Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a..Category: Civil Law | Date: | Hits: 119
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. ......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. ...... to appeal directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3768 of 1995 making the rule absolute. 2. Short facts are that the present respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under s..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. ...... 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 and findings of Courts below including the lower appellate Court, the High Court Division without application of judicial mind to the Exhibits Ka(1) and Ka(2) that exhibits has no nexus to the facts and circumstances of the case and without discussion and analysis and giving any reason whats..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. ......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. ...... dated 10.11.1993 passed by the learned District Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, ..Category: Property Law | Date: | Hits: 33
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. ...... 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. ......ot been able to prove the case beyond all reasonable doubts and accordingly all the appeals were allowed and convict-appellants were acquitted of the charge levelled against them. 14. 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: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 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) 278. ......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) 278. ...... to appeal is directed against the judgment and order dated 24.07.2006 passed by a Single Bench of the High Court Division in Criminal Revision No.1167 of 2000 discharging the Rule. 2. Short facts are that one Israt Zahan @ Popy lodged the petition of complaint on 13.02.1996 before the Ma..Category: Criminal Law | Date: | Hits: 31
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. ......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. ......uit. 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 circumstances was required to seek further relief; the respondent No.1, having committed ..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. ......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. ......inate Judge, 1st Court, Kishoregonj in Other Class Appeal No. 154 of 1999 reversing those of the Assistant Judge, Katiadi, Kishoregonj in Other Class Suit No.66 of 1997 dismissing the Suit. 2. The facts in the revisional application in Civil Revision No.530 of 2001 are, inter-alia, that the plain..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. ......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. ......ed 14.02.2007 passed by the High Court Division in First Miscellaneous Appeal No. 234 of 2005 heard with Civil Rule No. 822 (F.M.) of 2005 dismissing the appeal discharging the Rule. 2. The facts of the case, in short, are that the plaintiff, National Bank Limited, with M/S. Arena Industr..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......2008. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898), section 561A The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881), section 138 The question of service and receipt of notice under section 138 of the Negotiable Instruments Act, 1881 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..Category: Criminal Law | Date: | Hits: 67
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