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Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

....Dumuria police Station in the District of Khulna belonged to two brothers namely Ismail Khan and Moslem Khan, that Ismail Khan died leaving behind his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan ......ant Commissioner (Land) Dumuria under section 150 of the State Acquisition and Tenancy Act being Miscellaneous Case No. 24 of 1996-97 but the said case was disal­lowed on the ground that the so called deed of gift was a forged document. 3. The complainant came to know about the afores......e of the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ..

Category: Criminal Law | Date: | Hits: 57

Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)

....ection 60(3) of Ain 2003 the same can not be trans­ferred to the Artha Rin Adalat constitut­ed under the new Ain 2003 and as such the entire proceeding of the above exe­cution case is also illegal. 3. Agrani Bank opposed the Rule and filed affidavit in opposition contending tha......etition holding that there is no substance on the points as raised above. 9. Accordingly there being no illegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ..

Category: Civil Law | Date: | Hits: 103

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

....haracter of the suit would be converted to one of title. The plaintiffs are claiming a decree for specific per­formance of contract against the defen­dant No.12-14 and the applicants are also claiming title from the said defendants in respect of the self-same land. If the plaintiffs get ......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......nd receipt of the earnest money of TK. 200,000, and handing over of possession and subsequent receipt of TK.1,75,000.00 and further contended that the plaintiff dragged them over long time causing loss to them and the price of land has increased and expressed their readiness to execute sale deed..

Category: Property Law | Date: | Hits: 25

Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)

....ismissal from service and he submitted reply to the same denying the allegations made against him and stating that he is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simply complied with the orders of his controlling authority but......ision and there 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: 14 MLR (AD) (2009) 298. ......on and misappropriation of money proposing penalty of dismissal from service and he submitted reply to the same denying the allegations made against him and stating that he is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simply co..

Category: Administrative Law | Date: | Hits: 189

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....hul Amin CJ.- This appeal, by leave, is directed against the judgment dated March 25,1998 of a Division Bench of the High Court Division in Civil Revision Nos.3575 and 3576 of 1995 making the Rules absolute obtained in the said civil revision cases. 2.Civil Revision No. 3575 of 1995 was filed aga......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......he land and thereupon filed the Arbitration Miscellaneous Case No.22 of 1993 and therein claim further amount towards value of the land, compensation for the structures in the land acquired, business loss etc. The Arbitrator by his judgment dated May 11, 1994 awarded additional compensation in respe..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

.... being detained illegally by the writ respondent Nos. 1-3 i.e. father, grand father and grand mother. 3. The High Court Division made the Rule obtained in the aforementioned writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and M......role kept the writ petitioner in the house of the respondent Nos. 2 and 3  for 90 days assuring reconciliation between her and the respondent No.1 but after 90 days the respondent Nos. 2 and 3 called writ petitioner's brothers and made unfounded allegations against the writ petitioner and th......o interfere with the judgment of the High Court Division.    Accordingly, the petition is dismissed. Ed. This Case is also Reported in:    ..

Category: Family Law | Date: | Hits: 171

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....with the money borrowed from the bank and that they failed to take delivery of pledged goods inspite of request and consequent thereupon quality of the goods deteriorated and that at one stage bank sold the goods and deposited the proceeds in the account of the defendants; that the defendants ha......sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ed the goods in the godown and sold the same elsewhere and the defendants did not find any fertilizer in the godown. It was also the contention of the defendants that they had no liability for any loss or deterioration in the quality of the goods which was in the godown of the plaintiff. ..

Category: Civil Law | Date: | Hits: 91

Khalil Mia and others Vs. State, 2007, 36 CLC (AD)

.... Police Station Case No.2 dated 15.04.1990 under Sections 147/148/3237 324/325/326/307/302/114 of the Penal Code alleging, inter alia, that on 15.04.1990 at about 12 a.m. 41 F.I.R. named accused persons forming unlawful assembly being armed with deadly weapons surrounded the house of one Mohammad......tness which was essential for proper adjudication for the ends of jus­tice; that in case involving capital punish­ment the petitioner will be highly preju­diced if the P.W.26 is not re-called for completing the cross examination and as such the impugned order is liable to be set asid...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ..

Category: Criminal Law | Date: | Hits: 40

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....aterer for 3(three) years. A contract between the parties was signed on 21.6.1988 agreeing upon the rate of each break-fast at Tk.30/- for the passengers traveling in the air-conditioned bogie. But some officers of Railway Department most illegally paid money to the plaintiff at the rate of Tk.2......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......erving notice upon the plaintiff and on the same date he was driven out from the Restaurant and Buffet Car of the station and the inter city train respectively. The plaintiff incurred huge monetary loss by the illegal action canceling agreement in violation of its terms and conditions by the def..

Category: Civil Law | Date: | Hits: 150

Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)

....order dated 08.03.1993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 0......before this Division. This Division by a single judgment dated 04.12.2007 dismissed both the leave peti­tions holding that the court of appeal made out a case of waiver and acquiescence from so called attending circumstances without reference to any evidence that the pre-emptor participated i...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ..

Category: Property Law | Date: | Hits: 24

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

.... to give a distinctive identity and nomenclature to its Yellow Pages Directory it adopted a trade mark consisting of the letter "DYP" under line by a redline with "Y" red colour so as to create an impressive look of the trade mark and accordingly applied for the trade mark co......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......ny was not entitled to get an order of stay of operation of the registered Trade Mark No. 50431 in class-16 of the opposite party No. 2 inasmuch as the opposite party No. 2 would suffer irreparable loss and injury. The opposite party No. 2 applied for regis­tration of its product namely &quo..

Category: Intellectual Property Law | Date: | Hits: 329

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

.... AM Mahmudur Rahman J.- This appeal by leave at the instance of preemptor appellant Tambia Khatun a against the Judgment and order passed by the High Court Division on 8.4.96 making the Rule absolute issued in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous C......s that she was a co-sharer in the holding along with respondent No.2 who transferred the portion of the holding along with respon­dent No. 2 who transferred the portion of the holding by the so-called deed of exchange without service of notice upon her as required under section 89(4) of the A......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..

Category: Property Law | Date: | Hits: 66

Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)

.... to Sessions Case No. 88 of 1990 and the Sessions Judge, Khulna by judgment and order dated 15.1.1992 convicted him under section 201/34 of the Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Tk. 200/-, in default, to suffer rigorous imprisonment f...... of 1992. 2. One Golam Mostafa (respondent No. 2 herein) filed Complaint Case No. 55 of 1992 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 hereinafter to be called the said Act before the Chairman, Labour Court, Khulna contending that he was appointed as a......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ..

Category: Labour and Industrial Law | Date: | Hits: 251

State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)

....s appeal by leave is directed against the Judgment and order dated 17.09.1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No, 2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No. 120 of 1993 pen...... of the state with the observation, "We do not normally interfere with the discre­tionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, but in view of the fact that the trial is on we think that the interest of justice will......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..

Category: Criminal Law | Date: | Hits: 44

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....ave by defendant Nos.1 and 3 appellants is from the judgment and order dated 16-11-93 passed by a learned Single Judge of the High Court Division in civil Revision No.765 of 1990, making the Rule absolute, thereby setting aside the judgment and decree dated 31-1-90 passed by the learned Subordin......he business of selling pan and fire­wood's since long. The plaintiff has not constructed any kutcha house on the north eastern corner of the plot. He has not stored any bricks there. No person called Azizul Huq has any construction there. There has been a fraudulent and wrong recording of ri......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..

Category: Property Law | Date: | Hits: 33

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

....f the petitioner, arises out of the judgment and order dated 30.3.2006 of the High Court Division       passed in Criminal Miscellaneous Case No.7577 of 2005 making absolute the Rule obtained chal­lenging the continuance of the proceeding of Sessions Case No. 14......here 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) 449. ......e plea that he could not trace out the original blue book and that in the absence of this original papers the said car could not be used by the Hospital and that as a result, the Hospital incurred loss to the tune of Tk. 10,000/- per month and till 16.9.2004 the loss accumulated to the tune of T..

Category: Criminal Law | Date: | Hits: 47

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)

....leave to Appeal at the instance of the petitioners is directed against the judgment and order dated 08.02.2006 passed by the High Court Division in Civil Revision No.3975 of 2001 making the Rule absolute setting aside the judgment and decree dated 17.07.2000 passed by the Additional District Jud....... Therefore, the claim of the defendant has not been established and the Courts below without proper appreciating of that exhibit illegally decid­ed the fate of the suit. It appears that the so-called record of right in the name of Abdul Monaf and subsequently corrected in the name of the con......ind no sub­stance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..

Category: Property Law | Date: | Hits: 31

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....tition for leave to appeal is directed against the judgment and order dated 31.8.2005 of the High Court Division passed in Writ Petition No. 5072 of 1996 discharging the Rule. 2. The predecessor of the petitioners filed the above writ petition challenging the order dated 27.2.1982, of the ......iated in the decisions cited in the impugned judgment,  dis­charged the Rule on the ground of delay. The learned Advocate-on-Record further submitted that the malafide character of the co-called requisition of the above property being apparent on the face of the record as the notices un......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) 406. ..

Category: Property Law | Date: | Hits: 50

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....J. - This petition for leave to appeal is directed against the judgment and order 21-05-2006 passed by a Division Bench of the High Court Division in Writ Petition No.3129 of 2004 making the Rule absolute. 2. The petitioner's case, in brief, is that the petitioner took active part in the l......00/- as security money through Social Investment Bank Ltd. Agrabadh Branch, Chittagong. As per Rule 7(2) of the Chittagong Development Authority Residential Plots Allotment Rules (here­inafter called as the Rules), after scrutiny the application of the petitioner was accepted by the responde......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..

Category: Property Law | Date: | Hits: 28

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)

....f bank, during the period from 24.1.1984 up to 29.9.1985, opened 48 import L/Cs on behalf of the  defendant respondent No.1 for a total amount of US$ 8,96,459.95 for import of fabrics and accessories from abroad and also opened 21 export L/Cs for US$  14,73,350.70; in order to avail th......o authority to open C.C. Account No.42 in the name of the defendant No.1 and as such the defendants are not liable or bound by any entry in that account; the officers of the plaintiff opened the so called C.C. Account No.42 with a view to cover up their misdeeds and to avoid liability; the defen...... 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) 366. ..

Category: Civil Law | Date: | Hits: 106