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State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....inal procedure and finally submitted charge-sheet against them under Sections 302/34 of the penal Code. 5. The case record ultimately came to the file of the trial Court (Additional Sessions Judge), who on the basis of materials available on record framed charge against the accused-petitio...... by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..

Category: Criminal Law | Date: | Hits: 68

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

.... No.783 of 1971 which was with­drawn and thereafter she filed the pres­ent case and meanwhile the pre-emptee mutated his name and has been paying rent to the government. 4. The learned Assistant Judge allowed the pre-emption case on contest by the judgment and order dated 30.6.1985. Against the......s 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: VI ADC (2009) 981.......ord 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: VI ADC (2009) 981.......ls 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: VI ADC (2009) 981...

Category: Property Law | Date: | Hits: 61

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

....t was filed on 03.04.2003 the application for sell­ing out the pledged goods was filed only after cross examination of P.W.1 in part. From the impugned order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged......terference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......ce. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..

Category: Civil Law | Date: | Hits: 152

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

....ng the application of the judgment-debtor to repay the entire outstanding dec­retal dues by selling the mortgaged prop­erty by the judgment-debtor  can  be declared illegal by the Judge of the Artha Rin Adalat under Section 57 of the Artha Rin Adalat Ain as the Court is not pow......y;ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..

Category: Property Law | Date: | Hits: 106

Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)

.... of 2002 discharging the Rule. 2.  Short facts as placed before the High Court Division are that the pre-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, Munshigonj against the petitioners and the opposite party Nos. 4-19 praying for pre-­emp......ind any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ..

Category: Property Law | Date: | Hits: 44

Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....Single Bench of the High Court Division in Civil Revision No.706 of 2006 making the rule absolute and thereby reversing the judgment and decree dated 17.11.2005 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.65 of 2005 allowing the appeal setting aside the ju......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: VI ADC (2009) 971. ......ct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ......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: VI ADC (2009) 971. ..

Category: Employment/Service Law | Date: | Hits: 106

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

....he facts, in short, are that the present petitioner as plaintiff filed other Class Suit No.118 of 1989 which was renumbered as other Class Suit No. 53 of 1991 in the Court of the learned Assistant Judge, Additional Court, Jamalpur against the present opposite party as defendant for mandatory inj...... its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......hor was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..

Category: Property Law | Date: | Hits: 87

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....passed by the High Court Division in First Miscellaneous Appeal Nos. 8, 9 and 10 of 2007 dismissing the appeal and upholding the order No.9 dated 23.08.2006 passed by the Court of learned District Judge, Dhaka in Arbitration Miscellaneous Case Nos. 791, 792 and 790 of 2006 rejecting the applicat......tration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......e is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....98 of a Single Bench of the High Court Division in Civil Revision No 2289 of 1992 making the Rule absolute obtained against the judgment and decree dated April 30, 1992 of the Court of Subordinate Judge and 1st Commercial Court, Chittagong in other Appeal No. 301 of 1990 affirming the judgment a......de hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......nabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......ajid Dobhash and that later on by the Ext. 'Uma' in 1965 Abdul Majid Dobhash gifted the land by a deed of gift. At no point of time defendants have paid rent to the landlord or to the Government of Bangladesh and that no tax or levy was paid to the municipal authority and that no municipal holdi..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ision passed in Civil Order No.2382 of 2007 summarily reject­ing the revisional application filed calling in question the judgment and decree dated 16.10.2006 of the learned Additional District Judge, Court No.01, Bogra passed in Other Class Appeal No.185 of 1991 affirming those of dated 21.0...... 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: VI ADC (2009) 942. ......llegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......ere 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: VI ADC (2009) 942. ..

Category: Property Law | Date: | Hits: 87

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....order dated 21.04.2008 passed by the High Court Division in Civil Revision No.5583 of 2000 discharging the Rule affirming the judgment and decree dated 31.08.2000 passed by the learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts......e out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......lling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..

Category: Civil Law | Date: | Hits: 110

Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)

....The short fact is that the respondent No.1 as pre-emptor filed pre-emption Miscellaneous Case No.3 of 1996 under section 96 of the state Acquisition and Tenancy Act, 1950 in the Court of Assistant Judge, Rajapur, Jhalakathi for pre- emption of 0.14 acres of land out of 2.66 acres described in S.......d 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: VI ADC (2009) 938. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ......ived 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: VI ADC (2009) 938. ..

Category: Property Law | Date: | Hits: 57

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

.... 7.3.2006 passed by the High Court Division in Writ Peti­tion Nos. 1778 of 2003 and 4816 of 2004 preferred Civil Petition Nos. 505 and 506 of 2006, and filed applications for stay before the Chamber Judge of the Appellate Division whereupon stay was granted and daring the pendency of the above peti......rect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......ision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......eme Court Appellate Division (Civil) Present: MM Rahul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Administrator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain...............

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......ision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ...... the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land and others 9 BLC (AD) 56; Sadeque Uddin Ah..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

....and decree dated June 1,1997 of a Division Bench of the High Court Division in First Appeal No.15 of 1996 reversing the judgment and decree dated September 28, 1995 of the 1st Court of Subordinate Judge (now the Court of Joint District Judge), Dhaka in decreeing the same and thereby directing th......iscussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......n made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....oms officer practiced or attempted to practice any fraud for the purpose of injuring the customs revenue or abet or connive at any such fraud or any attempt for practicing any such fraud. The learned Judges of the High Court Division clearly came to the conclusion that the facts do not disclose that...... are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......owed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......g departments of the Government, the Customs Department has primarily been authorised by an Act of the legislature, namely, Customs Act, 1969 to deal with the import and export of goods into and from Bangladesh. Their authority to deal with offences and penalties is provided in the Table below secti..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)

....nal Appeal No.992 of 2006 and disposing of the same by a common judgment dismissing the appeal and upholding the judgment and order of conviction and sentence dated 26.02.2006 passed by the learned Judge of Metropolitan Special Tribunal No.7, Dhaka in Metro Special Tribunal Case No.1937 of 2000 ......ssions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......de by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ..

Category: Criminal Law | Date: | Hits: 120

Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)

.... due course, following the procedure of the Criminal Procedure Code, regular case being Special Tribunal Case No.100 of 2000 was registered in the Court No.1 of the Metropolitan Assistant Sessions Judge and Special Tribunal No.5, Chittagong. The convict-petitioner and other accused in their exam......nt and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......der and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ..

Category: Criminal Law | Date: | Hits: 155

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ...... interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ....../- and again by letter dated 27.12.1986 the petitioner was rewarded with incentive award of Tk.1,860/-. The petitioner passed the Banking Diploma Examination in 1989 from the institute of Bankers, Bangladesh. 5. In Course of service, being so ordered the petitioner joined as in-charge of ..

Category: Administrative Law | Date: | Hits: 423

M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)

.... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S M.M. Steel Mills Limited and another….............Petitioners Vs. The Judge, First Artha Rin Adalat, Chittagong and another….........Respondents Judgment ......ce with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......aw and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..

Category: Civil Law | Date: | Hits: 99