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Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......t holding land contiguous to the land transferred and therefore, he was not entitled to pre-empt the case land. The learned Assistant Judge however did not consider the point as to whether the trans­action was an out and out sale or it was a deed of sale followed by a deed of agree­ment for reconv..

Category: Property Law | Date: | Hits: 21

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......r temporary injunc­tion and prayed that the suit shop should be restored by the defendant Nos.3 and 4 as it was delivered without permission from the Court during pendency of the suit and that the  action  of the defendants amounts to fraud upon the Court to frus­trate the case of the plaintiff...

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......cancellation of the document for transfer of the property in the suit and in the circumstances of the case the provision of Article 92 of the Limitation Act is applicable in the case and the cause of action arose from the date of definite knowledge of the plaintiff in respect of the impugned documen..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......of title and/or denying the petitioners title in the said property; that the claim of the plaintiffs/respondent Nos.1-6 was also barred by law; that the plaintiffs/ respondent Nos.1-6 has on cause of action for the suit; that the suit was under valued and proper Court fee was not paid; that the suit..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......Rule absolute on the finding that exemptions having been granted to other defaulters but denied to the respondent No.1 though they repaid the principal loan amount and also the costs of the suit, the action of the appellant is discriminatory and further the appellant, while refusing the prayer of th..

Category: Banking Law | Date: | Hits: 98

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......e Upazilla Nirbahi Officer along with all relevant documents and the said Upazilla Nirbahi Officer in turn for­warded the said report with recommenda­tion to the Deputy Commissioner for neces­sary action. 7. The petitioner subsequently made a repre­sentation to the Deputy Commissioner off..

Category: Property Law | Date: | Hits: 26

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ntioned in the plaint of the Title Suit No.9 of 1998 and thus on the basis of false report as to service of summons, the suit was made ready for hearing and was decreed ex-parte and that the cause of action for the instant suit arose when the Title Suit No. 55 of 1999 was dismissed on the ground of ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......her existing laws. The writ petition­ers in question violated the said Act and set up a factory at Gazipur to produce Crown and Hunter in the "brewing Process" and market them to the utmost dissatisfaction and protests of the country and such action cannot be legalized through granting license defy..

Category: Others | Date: | Hits: 144

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ...... J. - The appeals by leave are against the common judgment of the High Court Division dated May 25, 2003 in Writ Petition Nos. 3475, 3439 and 3480 of 2002 making the Rules absolute upon declaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as P..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......n advance for the purpose of assessment of customs duties which in other way was nothing but the tariff value and, as such, the value so fixed, having not been notified in the offi­cial Gazette, the action of the customs authority of taking the predetermined value as per circular dated 3-7-94 is il..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......ty Act wrongly held that the purchase of the appellants was barred by the principles of lis pendens. The High Court Division was wrong in hot noticing that the instant suit is on a different cause of action arising out of order Dated 02.1991 of the High Court Division clouding the title of the Appel..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ...... (h) of the code of Criminal Procedure. Section 4(1) (h) reads as under: "4. (1)(h) "Complaint". Complaint means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this code that some person whether known or unknown, has committed an offence, but it d..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......rule by filing affidavit-in-opposition supporting the impugned order stating that the Government being in overall con­trol of the education system in the country it could also take the impugned action in addition to Madrasa Education Board. 4. A Division Bench of the High Court Divisi..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......2004. But the bank without commu­nicating aforementioned decision as to the waiver of interest and granting of repay­ment by installments, filed the Artha Rin Suit on 29.4.2004 and thus the action of the bank in instituting the suit is fraudu­lent inasmuch as the privileges allowed b..

Category: Civil Law | Date: | Hits: 136

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......ourt of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The action of Rezaul Karim the present respondent No. 1 having cast clouds over the long possession of ..

Category: Property Law | Date: | Hits: 88

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. ......the suit. 3. The defendant Nos.1 and 2 contested the suit by filing written statement deny­ing all the material allegations stating, inter alia, that the plaintiff's suit has no case of action, the suit is not maintainable and it is hit by limitation and Section 42 of the Specific Rel..

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. ...... liable to be dismissed. 6. The learned Assistant Judge framed 5 issues namely: - 1. Is the suit maintainable in its present form? 2. Do the plaintiffs have cause of action to file the suit? 3. Do the plaintiffs have exclusive possession over the suit la..

Category: Property Law | Date: | Hits: 158

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......re being no service of legal notice no question of effective demand in the eye of law is in existence and in the absence any valid demand, the C.R. Case is liable to be quashed, and that the cause of action as alleged in the complaint petition is ex facie beyond the period of limitation and as such ..

Category: Criminal Law | Date: | Hits: 163

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......ted 26.82002 (Annexure-E to the writ-petition) the Minister, Ministry-in-Charge of the Communication directed the Director General, Bangladesh Railway to inquire into the matter and take necessary action and pursuant to that the Additional Director General (Operation) inquired into the matter an..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307....... Counsel finally submitted that it is not true that the respondent was dealt with under the Statute-6 inasmuch as the respondent was placed under suspension with the specific purposes of disciplinary action under the Statute-8 and the appellants are bound by estoppel to claim that the respondent was..

Category: Employment/Service Law | Date: | Hits: 118