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Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......ion was rejected by the then Sub-Divisional Officer and hence the suit is liable to fail. 4.  We have heard Mr. A.J. Mohammad Ali, the learned Counsel for the petitioner and perused the record. 5. It appears that the first order was passed on 09.07.1970 in the lease Case No. X......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....ey awarded by the Deputy Commissioner for the acquired land was received by the affected persons without protest. 11.  The contention upon making which the leave was obtained would have been the good grounds for allowing the appeal and sending revision award case back to the Arbitration Appella......n in not sending back the Appeal to the Arbitration Appellate Tribunal for disposal afresh. The Appeal is dismissed…………(11 & 12) Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-record- For the Appellants. Md. Nawab Ali, Advocate-on-record- For Respondent No. 1. Not re......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......y illegal activities and there was no such allegation in the FIR of the above mentioned case that is Fatuallh Police Station Case No. 10(2)88. 9.  Upon consideration of the materials on record and also on consideration of the decisions in the reported cases and particularly the decisi......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......d 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated 11.11.1999 putting him under susp..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ugned legislation and that the Artha Rin Adalat has been legally constituted and the suit has been legally proceeded with. 12. We have considered the submissions and perused the materials on record. 13.  Section 4 of Artha Rin Adalat Ain, in short, the Ain runs as follows:- ...... Rin Adalat under the Ain 15. Let us now examine Articles 115 and 116 of the Constitution which read as follows:- "115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordan..

Category: Banking Law | Date: | Hits: 121

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

.... other papers along with declaration source of value and found that the writ petitioner without writing the said purchased raw materials in the accounts register manufactured medicine by the said raw goods and supplied the same for the purpose of evading huge amount of taxes and thus for realization......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)

....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 120

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 119

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....ff filed the suit in the 3rd Court of Subordinate Judge, Dhaka against the Bangladesh Shipping Corporation through its branch office at Dhaka for compensation due to late delivery of certain imported goods carried by the ship of the Corporation whose principal office is at Chittagong. Bangladesh Shi......IR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Appellant N. I. Bhuiyan, Advocate-on-record- For Respondent Nos. 1 and 2. Not......our discussions made 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: 11 BLC (AD) 59. ..

Category: Civil Law | Date: | Hits: 130

Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)

....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......urt Division in Writ Petition No. 3750 of 1997, discharging the rule. This Division; while dismissing the leave petition considered that the High Court Division in consideration of the materials on records rightly found that the petitioner has no vested, right for the area in question and his app......esh reported in 50 DLR (AD)82. 3. Mr. Aftab Hossain, the learned Advocate-on-Record, has tried to distinguish the facts of the aforesaid cases arguing that the curtailment took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise..

Category: Others | Date: | Hits: 106

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ng   into the merit of the case and therefore the present suit is not barred by the principle of res-judicata; that in Title Suit No. 18 of 1992 no issue was framed and disposed of after recording evidence of both the parties and therefore the present suit is not barred by the principl......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)

....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 106

Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)

....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......of my judgment under section 23 (4)". Then says, "the status is determined as unregistered firm as claim for registration has been rejected by separate order". Then he proceeds with recording an order under section 26A "The application for renewal of registra­tion has not......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

....he landlord which occurred after the creation of the tenancy. In the present case the appellant claims derived title by way of family arrangement after the crea­tion of the tenancy. We find no good reason to reverse the view the High Court has taken. The next question is whether adornment att...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44

Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)

....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 93

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)

.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......ter, we allow the appeal and set aside the order of the High Court Division and that of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44

S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)

.... provides, in our opinion, sufficient justi­fication for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......is­missed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court found that the evidence on record was not sufficient to warrant the order of dismissal, and set aside the order of dismissal, ...... the Respondent No.2. They submitted their reply to the charge. An enquiry was held by an officer of the company and on receipt of the report the employer dis­missed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the ..

Category: Labour and Industrial Law | Date: | Hits: 110

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....rstanding of each detail of the matter, which may be greatly involved in legal technicalities, there may still be an intelligent comprehension of the bargain on her, and in such a case the bargain is good as a whole. If, however, a feature of the transaction affec­ting in a high degree the expedien......is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 53