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Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......etitioner filed this petition for leave to appeal. 5. Mr. Md. Rokonuddin Mahmud, Senior Advocate, appearing on behalf of the petitioners, submits that the High Court Division erred in law in holding the agreement for lease as an ordinary commercial agreement between the two parties while ..Category: Civil Law | Date: | Hits: 90
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......ondents by an illegal Managing Committee was questioned and to find out the fact an inquiry was held by the District Education officer, Patuakhali. The inquiry report was submitted on 10.06.2002 in holding that the appointment of the petitioner by the committee being is illegal and the office of..Category: Civil Law | Date: | Hits: 84
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ....... 2. Petitioner instituted Miscellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under section 96 of the State Acquisition and Tena..Category: Property Law | Date: | Hits: 33
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......non-consideration of the findings of facts recorded by the lower appellate Court. The learned Advocate further submits that the learned judge of the High Court Division committed an error of law in holding that the suit is barred by limitation and also in finding that the plaintiffs did not addu..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......n the Court of District Judge, Tangail, which on transfer was heard and disposed of by the learned Joint District Judge, 4th Court, Tangail. 6. The learned Subordinate Judge allowed the appeal holding that since the suit as framed involved serious question of title, the plaintiff was required..Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......o. 17 and nothing much, but the C schedule describes the concerned property on the north-western corner of 'A' schedule of C.S. Plot No. 19 with the S.A. and R.S. plot members. Besides, the Municipal holding number has also been given with the description of the huts and structures thereon. 1..Category: Civil Law | Date: | Hits: 105
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......of the proceedings it appears that one of the arbitrators was excluded totally from the process of deliberation before the award was made.
We further hold that the High Court Division was right in holding that the 3rd arbitrator was neither consulted nor given an opportunity by the Chairman to de..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......hin sixty days of the receipt of the letter by the Government, such sanction shall be deemed to have duly been accorded. He finally submitted that the High Court Division committed an error of law in holding that the learned Special Judge did not commit any illegality in not taking cognizance agains..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....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: 15 MLR (AD) (2010) 99. ......d for the word rayiat or "tenant". The use of the word "raiyat" or "tenant" in sub-section (2) of section 87 of the Act to denote a person whose right to hold the newly added land as accretion to his holding or tenancy might be recognized or declared by a competent authority or Court before the comm..Category: Property Law | Date: | Hits: 24
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......visions of Article 70 of the Constitution and hence the Speaker was not required to refer the matter to the Election Commission in terms of Article 66(4) and that the High Court Division was wrong in holding otherwise upon an erroneous construction of the expression 'resign" appearing in Article 7..Category: Constitutional Law | Date: | Hits: 138
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......tin J.- This petition for leave to appeal is directed against the judgment and order dated 19.02.2008 passed by the High Court Division in Criminal Appeal No.337 of 2002 dismissing the appeal and upholding the judgment and order dated 31.01.2002 passed by the learned Additional Sessions Judge, Nob..Category: Others | Date: | Hits: 66
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......rother Khorshed Alam Mintu, his nephew Zumman, his two sisters namely, Samsun Nahar and Noor Nahar. But the respondent himself is the owner of the said property of Tk.9,75, 26,646/- which he has been holding in the name of his relatives to conceal his illegal property. The property worth of Tk.6,5..Category: Others | Date: | Hits: 98
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......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..Category: Property Law | Date: | Hits: 21
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......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..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ...... 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..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......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..Category: Others | Date: | Hits: 115
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ...... 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..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......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..Category: Banking Law | Date: | Hits: 84
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......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..Category: Property Law | Date: | Hits: 28
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