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M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
.... out of the sale proceeds of defendant vessel but is to be recovered from the bank guarantee furnished in favour of Mongla Port Authority securing the payment of the Mongla Port dues and hence the prayer of return of the bank guarantee is misconceived and cannot be allowed inasmuch as the learne......te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-Petitioner Hafizullah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Civil Petition for Leave to Appeal No.1143 of 2004. (From the Judgment and Order dated August 01. 2004 pass......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....giving any notice to the Book Society. 10. Upon preliminary bearing of the said Criminal Miscellaneous Case on 30th July 2007 a Division Bench of the High Court Division issued a Rule as per prayer made in the Criminal Miscellaneous Case. The High Court Division had also stayed operation ......A.K.M. Shahidul Huq, Advocate-on-Record-Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-Respondent No. 1. Zahirul Islam, Advocate-on-Record-Respondent No. 2. Criminal Petition for Leave to Appeal No. 543 of 2007. (From the judgment and order dated 08-11-2007 passed b......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....vil Revision No.142 of 2005, which arose out of the judgment and order dated 24.9.2007of the learned Joint District Judge, First Court, Dhaka passed Miscellaneous Case No. 28 of 2005 rejecting the prayer for staying further proceedings of Title Execution Case No. 5 of 1993 pending in the same Co...... Abul Kalam Mainuddin, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.1-2 (In both cases). Not represented-Respondent Nos. 3-11. Civil Petition for Leave to Appeal No.1388 of 2007. And Civil Petition No. 454 of 2008. (F......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) 153. ......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) 153. ..Category: Property Law | Date: | Hits: 18
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
....ction 42 of the Specific Relief Act. 6. It appears from record that the suit being for declaration of title to unspecified portion of an undivided plot of land is not maintainable without a prayer for partition; that the plaintiff is found to be out of possession; that the trial Cour...... Judgment February 5, 2008. Lawyers Involved Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.77 of 2006. (From the judgment and order dated the 3rd August, 2005 ...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....w found that the pre-emptors are the co-sharers by purchase and the pre-emptee is a stranger and the pre-emption petition was filed within time after performing all formalities and decided the prayer for preemption in favour of the respondent. 11. It appears that the petitioner ......Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-22. Civil Petition for Leave to Appeal No.1507 of 2006. (From the judgment and order dated 29.03.2006 passed b......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
.... court initially dismissed the suit and on appeal by the plaintiff the judgment of the trial court was set aside and the suit was sent back on remand for retrial after amendment of the plaint with prayer for khas possession in respect of 11 decimals of land of plot No. 1609 from which the plaint......e Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. Judgment &nb......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....ice of the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with agriculture. 2. The prayer for pre-emption was contested primarily on the ground that the Miscellaneous case filed unde......the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with agriculture. 2. The prayer for pre-emption was contested primarily on the ground that the Miscellaneous case filed under secti......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....learned District Judge was pleased to grant time on 30.06.1997 when the plaintiff petitioner deposited Tk.500/-under receipt No.475 dated 30.06.1997 as part payment of C.P. cost of Tk.3,000/- with prayer for 15 days time to deposit the balance cost when the learned District Judge, was pleased to...... Islam Bhuiya, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 419 of 2007. (From the judgment and order dated 13.02.2007 passed by......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..Category: Civil Law | Date: | Hits: 85
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....was sent to the petitioner. The petitioner filed an application to the authorized officer on 17.08.2004 praying for time for this appearance due to his sickness. But without paying,any heed to his prayer for time the special meeting was held on 19.08.2004 and resolution was sent to the Upazila N......n-Record-For the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12. Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....medy under Sections 151/152 of the Code of Civil Procedure. The High Court Division has rightly found that the respondent No.1 acted without jurisdiction in passing the impugned order allowing the prayer for setting aside the final decree under Sections 151/152 of the Code of Civil Procedure. ...... Petitioner. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed b......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... declaration of title in respect of 10.47 acres of land out of 13.14 acres of land is not maintainable, as from the evidence of P.Ws it is clear that the suit land is ejmali property and without a prayer for partition the suit is barred by section 42 of Specific Relief Act. The trial court and t......on No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating,......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..Category: Property Law | Date: | Hits: 28
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....e plaint and during pendency of the above suit the Plaintiff respondent filed an application praying for injunction and the learned Joint District Judge, by order dated 24.7.2004, allowed the said prayer; being aggrieved the defendant petitioner No.18 preferred Miscellaneous Appeal No. 296 of 20......; Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by ...... 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: 14 MLR (AD) (2009) 111. ...... 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: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....uit No.314 of 1991 in the Court of Assistant Judge, First Court, Bogra on the same cause of action and ultimately prayed for withdrawal of the same and the Court by order dated 13-11-1997 allowed the prayer for withdrawal of the suit. Thereafter, the appellant came to know on 01-12-1996 that the pro...... tenant in the property in question and shifted to Dhaka with the members of his family and started living at 23/13 Block-F, Joint Quarter, P. S: Mohammadpur, Dhaka. Thereafter, the appellant was informed in 1976 by his relative Abdul Barek Howlader that one A.F.M. Abdul Jobbar, respondent No. 3 e......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....defendant Nos. 1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties t......nt Nos. 1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties the surv...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....iation filed an application to the authority for considering joint allotment of the plot canceling the single allotment in his name which the authority in terms of letter dated 13.10.1994 allowed the prayer of the writ petitioner and cancelled the earlier allotment in his own name and registered dee......passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his reques......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....he Artha Rin Adalat and started the said execution case in which the said property was advertised for sale in auction to be held on 28.3.2006. The aforesaid respondents filed an application with a prayer for allowing them to pay the decreetal amount keeping in view or on the basis of section 47 ......ioner. Enayet Hossain Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented- Respondent Nos. 4-11. Civil Petition for Leave to Appeal No. 608 of 2006. (From the judgment and order dated 28.3.2006 passed by......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Shabul Miah Vs. State, 2008, 37 CLC (AD)
....e, in brief, is that on 12.11.2000 at about 6.00A.M. the informant along with his brother Abdun Nur @ Bhola, nephew Muktadir and others were returning home from the village mosque after Fazar prayer following the night of shab-e-barat and while they reached at the front of the house of accu......ntence of co-convict and accepting the Death Reference in part i.e. in respect of only the petitioner herein. 2. The prosecution case, in brief, is that on 12.11.2000 at about 6.00A.M. the informant along with his brother Abdun Nur @ Bhola, nephew Muktadir and others were returning ho...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ..Category: Criminal Law | Date: | Hits: 39
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
.... police without any legal evidence submitted charge sheet against them along with others and prayed for their discharge. The learned Judge of the trial Court after hearing the parties rejected the prayer observing that the case is under section 302 of the Penal Code and except evidence the accus......D) 54. Lawyers Involved: A.K.M. Faiz, Advocate, instructed by Taufiuqe Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 556 of 2007. &nbs......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ..Category: Criminal Law | Date: | Hits: 31
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....ty to file application before the Registrar of Trade Marks praying for registration with a new design, colour scheme, get up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported......eamat Hossain, Advocate instructed by Md. Firoz Shah, Advocate-on-Record-For Respondent No.1. (Appeared with the leave of the Court). Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 864 of 2006. (From the judgment and order dated 17.08.2004 passed by......t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..Category: Intellectual Property Law | Date: | Hits: 306
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
.... January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real q.........Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is ne......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173