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Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......Scale as Public Servant had been accepted by the respondent. The SROs mentioned above excluding Imam from being worker has never been questioned by the respondent and the said SROs being law of the land, the writ petition in the present form is incompetent. The SROs and the office orders fixing t..Category: Labour and Industrial Law | Date: | Hits: 77
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. ......ere not served upon the defendants or the defendants were prevented by sufficient cause from appearing before the Court when the suit was taken up for hearing, that defendants did not make out any case in support of their contention that they were prevented by sufficient cause from appearing bef......ee passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short, are that plaintiff-Respondents filed Title Suit No. 50 of 1993 seeking declaration of title in respect of the land in suit. In the said suit the plaintiffs impleaded the petitioner and the local thasildar as t..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. ......ems made manifest by experience and that its discriminations are based on adequate grounds; (d) The legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest; (e) In order to sustain the presumption ...... 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. ..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. ......before the High Court Division formulated the following point of law which is said to arise from the impugned order dated 22.03.2000. 5. Whether on the facts and in the circumstances of the case, the Assistant Commissioner of Taxes was justified in making valuation of land and building a......n the petitioner Mrs. Rani Bilkis Banu Chowdhury submitted return for the Wealth Tax for the respective assessment years as aforesaid and the Assistant Commissioner of Taxes estimated the value of land and building at Tk. 72,00,000/- for the assessment year 1994-95. The said Assistant Commissio..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. ......ortgage Suit No. 11 of 1996 against the respondent No. 3 (defendant) for realizing Tk. 21,34,822.87. The Trial Court decreed the suit. Thereafter the decree holder bank instituted Decree Execution case No. 1 of 1998 for executing the decree for an amount of Tk. 26,21,899.97 i.e. for decretal amo......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. ......ument in connection with the loan. The Artha Rin Adalat decreed the suit. 3. As against the said decree the writ-petitioner did not file any appeal. It may be mentioned the Artha Rin Adalat case was decreed on June 28, 1999 and as against that writ petition was filed on February 7, 2000 a......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. ......alleged licence of the petitioner, Ext.7, giving cogent reasons therefore and those are not perverse, there is no scope for the High Court Division to interfere with those. 5. Further in the case of Raisuddin vs. Bangladesh and others this Division following the case of Mvi Md. Khurs...... 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. ..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.......vocate that he paid rent in Court in House Rent Case No. 7 of 1994. The plaintiff alleged that he was not made a party in the said House Rent Case No. 7 of 1994 and was not aware about the house rent case. The plaintiff, therefore, claimed that the defendant was a habitual defaulter in payment of ...... that the Plaintiffs father, Md. Yakub Ali Sarder, was the owner of the suit premises and the defendant was inducted as a monthly tenant therein and the said Md. Yakub Ali Sarder transferred the suit land by a registered deed of heba-bil-ewaj dated 06.09.1988 in favour of the plaintiff and his broth..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. ......es if he is given a total sum of Tk. 20,45,000/- by the defendant, the dispute between the parties remains only in respect of quantum of money to be paid to the plaintiff by the defendant, the landlord, and as the defendant is willing to return only the amount of salami received by her again..Category: Alternative Dispute Resolution | Date: | Hits: 192
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....by the then East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory building and workers qu......rrect decision. 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) 784. ......ion of the Directors of the writ petitioner company and as per judgment of this court in Company Matter No.12 of 1977 the Board of Management of Abandoned Industries restored the possession of the land and factory to the writ petitioner. Subsequently the writ respondents on several occasion..Category: Property Law | Date: | Hits: 27
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. ......an the highest bid within 2 days from the date of, opening and acceptance of the earnest money for which clause 11 of the standing order No.15 dated 12.12.1990 is not applicable for the appellant's case, that sale No. 10/97 under catalogue No. 94 was not withdrawn by the customs authority when te......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. ......on of the People's Republic of Bangladesh against the order dated 25-07-2005 passed by the learned Judge, Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.132 of 2005. 2. The case of the petitioner, in short, is that the petitioner challenged the order No. 9 dated 25.7.2005......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. ......irming the judgment and decree dated 1.10.2003 passed by the learned Senior Assistant Judge, 1st Court, Bogra in Small Cause Court Suit No. 1 of 1998 decreeing the suit. 2. Short fact of the case is that one Abbas Ali Mondal, the predecessor in-interest of the respondent Nos. 1-7 as plain......dants did not vacate the suit premises. Hence the suit was instituted. 3. The defendant Nos.1-5 contested the suit by filing a written statement contending amongst others that the original landlord Abbas Ali Mondal entered into an agreement for 5 years on payment of advance rent of Tk. 4..Category: Property Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Md. Azim Howlader, 2007, 36 CLC (AD)
....substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ......substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ......substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ..Category: Administrative Law | Date: | Hits: 87
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......der dated September 28, 1997 of the 1st Court of Subordinate Judge (now Joint District Judge) in charge, Sylhet in Miscellaneous Case No.39 of 1986 dismissing the same. The aforesaid Miscellaneous case was filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption of th......; 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. ......No. 2 of 1997 decreeing the same. The suit was filed seeking specific performance of contract (September 23, 1974) for sale of land described in the schedule attached to the plaint. It is the case of the plaintiff that the defendant Nos.1 and 2 own the land in suit and they entered into an ......the 4th Court of Additional Assistant Judge, Dhaka in Title Suit No. 2 of 1997 decreeing the same. The suit was filed seeking specific performance of contract (September 23, 1974) for sale of land described in the schedule attached to the plaint. It is the case of the plaintiff that the def..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. ......oner and others were tenants of Haragram Trust Board and the said Board filed S.C.C. suit for eviction of the tenant Abdul Gaffar, that the said suit was decreed and the decree holder filed execution case. It is the contention of the plaintiffs that by filing the execution case on the basis of the d......int District Judge) passed in Other Class Suit No. 58 of 1989 decreeing the same. 3. The suit was filed seeking declaration of title and confirmation of possession in respect of the 'Ka' schedule land. 4. The plaintiffs claimed title in the land in suit being in adverse possession since 1952..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. ......id decree was made final on August 30, 1989 and that on the basis of the fraudulent decree the defendant Nos. 1-27 started Title Execution Case No. 10 of 1989 and no notice of Title execution case was served on the plaintiffs, that plaintiffs entrusted management of the land in suit to Maji......it was filed seeking declaration that the preliminary decree dated July 18, 1988 and the final decree dated August 30, 1989 passed in Title Suit No.42 of 1986 and the possession of the partitioned land obtained through the Title Execution Case No. 10 of 1989 are illegal, void, collusive, null an..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. ......ected. 15. On a similar situation appointment of arbitrator under Section 8 was challenged pleading lack of jurisdiction and this court held the objection to be a technical objection in the case of Coal Controller Vs. Ventura Industries reported in 45 DLR (AD) 184 . 16. In that ca......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. ..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ...... 2543 and the High Court Division has failed to consider the same. 4. The learned counsel appearing for the defendant appellant submits that the defendant appellants having made out a clear case in their written statement that they got lease of land of Plot No. 2540 as indicated by the bo......t Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khatian No.1109 at Mouza Cox's B..Category: Property Law | Date: | Hits: 29