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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. ......, exhibit-2 series, and the certified copy of the patta, exhibit-'Kha', that although in the cheque/dakhilas the name of the pattadar was found but the identification of the suit land and the patta number were not mentioned in it correctly. The certified copy of the patta, exhibit kha, as produc..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. ......llate Court on consideration of the deposition of the plaintiffs' witnesses disbelieved the possession of the plaintiffs observing that the witnesses could not state the plot and khatian numbers and that the defendant No.2 being an admitted co-sharer by inheritance in the suit land, ha..Category: Property Law | Date: | Hits: 158
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. ......from Hongkong at the rate of US$ 41.00 per metric ton as per Invoice No.990918A-D dated 15.09.1999 and 990917A-F dated 15.09.1999 issued by M/S. Shun Shing Trading Limited, Hong Kong. The H.S. Code number of the goods is 2523.29. Out of the aforesaid 17,500 metric tons of Cement the petitioner s..Category: Fiscal/Taxation Law | Date: | Hits: 112
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration 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. ......usual course of events, or the parties knew to be likely to flow from breach. Consequence must be proximate and natural. Natural in this connection means usual. Remoteness in space and time and the number of intervening events have obvious bearing on forseability, but neither any particular degre..Category: Alternative Dispute Resolution | Date: | Hits: 344
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s 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. ......0). (2) Offence punishable under the Official Secrets Act, 1923 (Act XLV of 1923). (3) Attempts, abetments and conspiracies in relation to, or in connection with, offences mentioned in serial numbers 1 and 2 above. (4) Offence punishable under section 156 of the Customs Act, 1969 (Act IV..Category: Fiscal/Taxation Law | Date: | Hits: 129
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved 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) 859. ......din sold some land to Abdul Haque Dovash in 1943. Jabal Hossain and others by concealing the fact of sale of land to Imamuddin sold some land of the case holding to Abdul Haque Dovash. Meanwhile a number of transfers were held and different persons got title and possession in the case holdi..Category: Property Law | Date: | Hits: 29
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......he police station. The writ petitioner refused to concede to the said proposal. Consequently the writ respondent No. 5 in collusion with the writ respondent No.6 implicated the writ petitioner in a number of false criminal cases and in addition thereto also put the writ petitioner under detentio..Category: Criminal Law | Date: | Hits: 64
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......parte order they filed Miscellaneous Case No. 27 of 1999 under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said order and to restore the case to its original file and number but the same was rejected. They pursued the matter upto the Appellate Division but could not..Category: Property Law | Date: | Hits: 33
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......gh to include an order that order must be a legislative and not a mere executive order promulgated by an administrative authority and in support of this contention the learned Counsel has retied on a number of cases decided by the Privy Council and the different High Courts in India." 22. The app..Category: Employment/Service Law | Date: | Hits: 118
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......ivision to the effect that “we do not find this brings any change in the plaint inasmuch as in the original plaint also the plaintiff asserted that her name was mutated without mentioning the number of mutation case” is an error apparent on the face of the record because the plaintif..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......oubt in doing so, the two differing opinions have to be considered by the third Judge..................... At the same time, the word “case” normally would mean in the case of a number of appellants, the case of each appellant considered separately. In other words, if out o..Category: Criminal Law | Date: | Hits: 208
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......he suit upon reversing the judgment and decree dated December 21, 1985 of the Court of Munsif (now Assistant Judge), Sitakunda, Chittagong in Other Class Suit Nos.157, 158 and 230 of 1984 (previously numbered 173, 174 and 175 of 1973 respectively) dismissing the same. 2. The suits were filed seek..Category: Tenancy Law | Date: | Hits: 176
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......expended wholly and exclusively for the purpose of conducting its business is in the nature of allowable expenditure, that the payment of 'Zakat' by the petitioner attracts a significant number of depositors who invest their money with the belief and object that a portion of the profit..Category: Fiscal/Taxation Law | Date: | Hits: 145
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ...... of Principal. The Selection Committee took interview on 23.10.2006 out of six candidates, four candidates were appeared before the selection committee. The petitioner succeed by obtaining highest number and accordingly selection committee recommended the petitioner for appointment as Principal ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......reme Court is entitled to have the primacy; (iii) in case of appointment to the High Court Division, the Chief Justice shall consult with two senior most Judges of the Appellate Division and equal number of Judges of the High Court Division to form his opinion and he shall also consult senior mem..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......d outside Peelkhana authority has lodged 40 CR cases before the Court of Chief Judicial Magistrates in all concerned District under sections 120-B, 121 and 121-A of the Penal Code and so far a total number of 1721 persons have been arrested from different Sectors, Battalions and Institutions outsid..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ther the plots mentioned in the allotment letter, Annexure-X, does not appear in any other map preserved in any other office of the Government and further Annexure X also contains no Memo number and also conspicuously divulges the absence of the signature of the Executive Engi..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......cated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was restored to its original file and number on 15.06.2006 recalling the default order dated 22.05.2006 but it appears from the order shee..Category: Banking Law | Date: | Hits: 373
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122........10.1976. The High Court Division further held that during hearing the learned Advocate appearing for the defendant appellants contended that after taking over the suit Bazar by the government a good number of shop keepers have been running their business in the suit Bazar as tenants under Dhaka M..Category: Property Law | Date: | Hits: 25
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 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: 14 BLC (AD) (2009)115. ......ali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carriers carrying on business as carrier of goods in containers by s..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
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