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Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sideration of the judgment of both the courts below it appears that both the courts below on elaborate discussion of the facts, circumstances and evidence, both oral and documentary, decreed the suit holding that the transaction in question in between the parties is an out and out sale and the sam......ion No.1786 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the d..Category: Property Law | Date: | Hits: 21
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ion allowed the same and directed the trade mark of the petitioner to be varied by way of deletion and omission of the words "NABICO". 11. This Court by the impugned order dismissed the petition holding, inter alia, that the NABICO and NABISCO has a similarity which is prone to deceive the co...... acquired great reputation in the market in relation to bread and biscuits of various kinds and the trade marks "NABISCO" attained distinctiveness in the market and became distinctive of the goods covered under the registration, so that any reference as to the trade mark "NABISCO" would always mak..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
.... appeal being Title Appeal No.89 of 2001, the learned Additional District Judge, Fifth Court, Dhaka, allowed the appeal by his judgment and decree dated 27.02.2006 and decreed the suit in full, holding that Osman Miah and Osman Gani were not the same person. 5. Being aggrieved, the defe...... this petition, in brief, are that the petitioners instituted a suit being Title Suit No. 385 of 1988 in the Court of Subordinate Judge, Second Court, Dhaka, praying for declaration of title and recovery of khas possession of the suit land. 3. Defendant No. 1 contested the suit by filing ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....fidavit having denied his involvement in committing war crimes during the liberation war in 1971 or at any other time. The High Court Division observed that it appreciate the Government's concern for holding war criminal's trial but that cannot condone the Government's act to restrict the citizens f......ment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretari..Category: Others | Date: | Hits: 115
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
.... 2005 from the Ministry of Commerce addressing the President of Faridpur District Minibus owners Group although there was no existence of any organisation in such name. The writ petitioner has been holding the post of the President of the Samity since 1993, and he was elected for the second term o......o Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
....n-sale without interference of the Adalat for adjustment of the decreetal amount and thus the rule was liable to be discharged. 4. The High Court Division after hearing discharged the rule holding that the impugned order of attachment of moveable properties was lawful. The petitioner thus...... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and others ..........Respondents Judgment October 29, 2009. ..Category: Banking Law | Date: | Hits: 84
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
....rs, they could have maintained an application under Order 21 Rule 101 of the Code of Civil Procedure for restoration of possession and thus, the learned Judges of the High Court Division erred in law holding that their application was not maintainable. Mr. Bhuiyan finally argued that since the petit......aid loan and the outstanding loan stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon instituted the instant suit for realization of the said amount by selling the mortgaged property covering an area of .35 acres of land of C.S. Khatian No. 20, S.A. Khatian No. 16, C.S. and S.A. Pl..Category: Property Law | Date: | Hits: 28
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....am by registered deed of transfer dated 06.07.1987 and the Pre-emptee-petitioner sold more then his share in Cadastral Survey Khatian No.17. The Pre-emptee-Petitioner is a stranger to the transferred holding. 4. That Pre-emptor-Respondent-side, thereafter, by way of an amendment dated 16.05.1996 ......ahrasti, District-Chandpur. Another Pre-emption case being number 4 of 1991 between the respondents and petitioners had been filed in respect of another deed of conveyance dated 21.01.1990. Land covered in the sale deed is also the land of Cadastral Survey Khatian No.17 corresponding to State Ac..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudulent and not binding upon him. 3. Appellant's case in short is that the original maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measurin......Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary Ministry of Works Vs. Chand Mia and others 44 ..Category: Property Law | Date: | Hits: 20
....uiry into the case of death either instead of, or in addition to, the investigation held by the police officer, and it he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence......e spirit and explicit provisions of the Constitution…………………………………………………………………(24)
Constitution is the supreme law of the country and shall prevail over any other law.
It is the duty of everyone in the country to adhere to the provisions of the ..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....ave petitions. 3. We have heard the learned counsels of both the sides. 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25-9-1995 and the victim made his dying declaration on 2......an application made by Rabiul Alam, the investigation officer, but the CD shows that one Abul Bashar conducted investigation from 25-9-1995 to 27-9-1995 and he, on 27-9-1995 at about 19 hours, handed over the case diary to the Detective Branch and Rabiul Alam, the subsequent investigation officer,..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....e dated 16-2-1995 dismissed both Title Suit Nos.16 and 25 of 1992. The appellants preferred First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing dismissed both the appeals holding, inter alia, that Additional Deputy Commissioner (Revenue), Dhaka was competent and legally ......ng the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Commissioner (Revenue) Dhaka or Sub-Divisional Officer and the same was ne..Category: Property Law | Date: | Hits: 29
State Vs. Azizul Haque, 2008, 37 CLC (AD)
.... to the confessional statement during his examination under Section 342 of the Code of Criminal Procedure. The confession was never retracted by the petitioner. Relying on this confessional statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. How......s, examining the said FIR, charge sheet and other papers was pleased to frame the charge against the accused appellant and others under sections 302/120(Kha)/34 of the Penal Code. The charge was read over and explained to the 2(two) present accused persons and due to absence of the other accused per..Category: Others | Date: | Hits: 63
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....ight, title and interest in the suit lands. 5. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 10th September, 1994, decreed the suit in part holding that the plaintiffs came to Court with defective title but their predecessors had possession......Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short ..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....2. Respondent Nos.1 and another instituted the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of the pre-emptors are that the case la......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. ..Category: Property Law | Date: | Hits: 21
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....and 2 being to persons in line of succession to the office of Shebait being valid in law, the Courts below committed illegality in declaring the said gift Ext.Cha, executed on 13.01.1977 to be void holding the same to be a Kabala and the instant suit having been filed on 20.06.1992 which on its fa...... therein; that prior to that there was no Deity in the suit property and the C.S. recorded bargader also did not possess the same; that after whole sale acquisition the suit property vested in the Government and thereafter in 1951 Khepa Chand Bairagi took pattan of the suit land in his name correc..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....e defendant for recovery of arrear rent and the predecessor-in-interest having admitted their tenancy under the petitioner in respect of the same property, the High Court Division erred in law in not holding that the present suit claiming title by heirs of tenant is barred under Order XXII, Rule 4, ......) their uncle Abdul Matin Chowdhury hired the suit building at a monthly rent of Tk.70/- in the year 1947 from defendant No.1 that plaintiffs/respondent uncle left Chittagong in the year 1972 handing over possession of the suit premises in favour of plaintiffs/respondents father, that Md. Solaiman C..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....plication for exemption of interest is sanctioned by the Board of the appellant in exercise of its discretion, the respondents had no enforceable right; the high Court Division also erred in law in holding that the appellant, while refusing the desired exemption of interest claimed by the responde......ties and other various impediments, they could not start their business in time and thereby they having failed to repay the loan, the appellant instituted Money Suit No.835 of 1975 against them to recover TK. 42,82,543.00 which included the principal loan amount and also the interest and on 30.8.198..Category: Banking Law | Date: | Hits: 98
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
.... while owing and possessing the suit land executed and registered a lease deed on 02.12.1955 in favour of Joroi Ullah, the father of defendant Nos. 1 and 5 others. While Joroi Ullah and others were holding and possessing the suit land the same was recorded in the name of Jabid Ali and thereafter t......02.11.1982 executed and registered a "Muktipatra" in favour of the contesting defendant and thus the contesting defendant and their co-sharer mutated the suit land in their name and paid rent to the government. The plaintiff had preferred a mutation appeal and that was rejected on 15.03.1988. Moin U..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ssed by the Court below, and declaring that the judgment and decree passed in Title Suit No.9 of 1998 was obtained fraudulently and illegal, not valid and not binding upon the plaintiff- appellants holding, amongst others, that the suit was decreed against dead persons namely Sukuri Bibi, Rahela a......ates to plaintiff No.1 (9 decimals), the defendant No.2 (9 decimals) and defendant No.3 (9 decimals), vide registered sale deeds and accordingly the plaintiffs mutated their names and were playing Government's rates and charges against receipt since their purchases in 1984 and that during S.A. sur..Category: Property Law | Date: | Hits: 37
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