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Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....arned counsel for the petitioner, the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division made the Rule absolute holding that the complaint disclosed that the respondent No.1 resigned on 1.4.2003 and the complain......f the said Hospital, and the petitioner in good faith, took delivery of the car but later on, the petitioner detected that only the photo copy of the blue book was given and original was not handed over; thereafter the petitioner on meeting the respondent No.1 requested him to deliver the origina..Category: Criminal Law | Date: | Hits: 47
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....i, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division summarily rejected the application holding that Kiron Bala after dated of her husband got the property in life interest and therefore s......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137...Category: Property Law | Date: | Hits: 29
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....n the proposed residential zone. The respondent No.1 contested the Rule but did not file any affidavit in opposition. 3. The High Court Division after hearing, discharged the Rule holding that the respondent No.1 dismissed above L.A Case Appeal No. CH-12 of 1981 on 27.2.1982 but......uhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and ..Category: Property Law | Date: | Hits: 50
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....ed counsel of the petitioner perused the impugned judgment and order of the High Court Division and also other connected papers. 7. As it appears the High Court Division discharged the Rule holding that the Artha Rin Adalat, while passing the impugned judgment and decree upon rejecting th......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: VI ADC (2009) 383. ..Category: Civil Law | Date: | Hits: 95
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....Revenue) Firojpur for setting aside the above order of redemption and after hearing the parties the Additional Deputy Commissioner (Revenue) allowed the appeal holding that the alleged Ekraranama was forged and the order of redemption was thus set aside. Then......tending that he on 28.10.1977 transferred the suit land to defendant No.5 with condition of reconveyance and on same date the defendant No. 5 executed an Ekrarnama in his favour agreeing to recovery the suit land and the basis of said Ekraranama he on, 9.10.1991, got the order of redemption..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ple, who has residential land in Chittagong City Corporation Area either in his own name or in the name of his family members to get an allotment of a residential plot and that the authority after holding the investigation found that the petitioner has purchased a plot in the Chittagong City cor......ghter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the circular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong City Town in th..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....ard the learned counsel and perused the impugned judgment and order of the High Court Division and other connected papers. 6. As it appears the High Court Division dismissed the appeal holding that the plaintiff admitted that the defendant No. 1 imported fabrics and accessories of th......nt District) and 1st Commercial Court, Chittagong, in Money Suit No.78 of 1989 dismissing the suit. 2. The petitioner bank, as plaintiffs, filed the aforesaid Money Suit No.78 of 1989 for recovery of Tk.93,70,413.47 from the defendant respondent Nos. 1-3 on the averments that th..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....s prompted by the consideration reflected in the order challenged by the appellant in the writ petition. 23. The story of alleged dispute over the ownership of the cinema Hall and that of alleged holding of inquiry into the so called dispute of ownership of Cinema Hall were the hatched up acti......d. They being unable to respondent No. 2 and his late father on taking loan petitioner appellant, under a written agreement dated 22nd April, 1988 and in pursuant to that agreement the appellant took over the management of the Cinema Hall. Subsequent there to the Cinema Hall was put to auction in ce..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
.... the High Court Division itself found that the opposite party Nos.1 and 2 (in Civil Revision Case) were not parities in the original suit and decree sought to be executed and so erred in law in not holding that the said two opposite parties herein had no right or locus-standi to file two separat......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....d the High Court Division with the writ petition and the Rule issued therein has been heard and disposed of by the High Court Division by its judgment and order dated 8-1-2008 discharging the Rule holding that the provision of section 47 read with 60(3) have no manner of an application in a suit......ourt (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Humayun Hossain Khan....................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance..Category: Civil Law | Date: | Hits: 104
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
.... to make temporary use of the suit premises as their residence as licensees, that since then the said Raj Kumar Kundu including the respondent-opposite party Nos.2-5 are residing there as licensees holding permissive possession from the appellant-petitioner of the said suit premises. On 30-5-197......ty on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and since then she is in possession o..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.....25 and defendant No.27 failed to bring on record any material in support of the plea that the property in question was an enemy property; the learned Courts below have caused failure of justice by holding that the same is enemy property although, in fact, there is nothing on record for drawing ......oyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permission required for the purpose of registration of a deed. Guru Doyal handed over possession of the suit property in favour of the plaintiff on the same day. Guru Doyal failed ..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....the teacher's representative P.W 3 a teacher who was also a teacher's representative member in the Managing Committee of the School in 1993. PW 4 a donor of the School Managing Committee who has been holding such post for the last 25 years. 9. It also appears from the proposal register of t......smahal Baluchar High School of Sirajdikhan PS and the accused Abdul Barek was an Assistant Teacher of that School; that on 9-9-1993 the then President of that School committee late Newaz Ali handed over a Cheque No. 5075365 date 9-9-1993 signed both by him and then Headmaster Ali ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....k. The petitioner filed an application for rectification under section 46 and rectification Case No. 166 of 1993 was initiated. 6. He further submits that this Court committed an error of law in holding that the petitioner in the application for rectification did not pray for cancellation of ......n for the Protection of Industrial Property, 1883 (hereinafter referred to as said Convention). The appellant exported the said product "SUPERMAX" blades to Bangladesh in 1984. In the same year, the Government of Bangladesh imposed ban on the import of blades. When the ban was lifted in 1993 their d..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....ding under the Administrative Tribunals Act, 1980 (Act No.VII of 1981) and is from judgment and order dated 27.11.1993 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.33 of 1993 upholding those of the Administrative Tribunal, Bogra passed in A.T. Case No. 27 of 1992. 2. Facts ......lso Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ed one witness in support of their case but the respondents did not examine any witness. The learned Assistant judge allowed the Misc. Case and restored suit to its original file and number holding, inter alia, that the order of transfer, passed by the learned District Judge of title sui......Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dha..Category: Procedural Law | Date: | Hits: 87
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....d, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Division dated 16.5.93 passed in Writ Petition No. 683 of 1989 holding, inter alia, that the Ad hoc Managing Committee of the appellant's Society being a "lo......ds including a ground of malafide and obtained a Rule Nisi. 3. The appellant-Society opposed the Rule, by filing an affidavit-in-opposition and contending, inter alia, that it is neither a Government, nor a local authority, as provided in the Constitution, and as such the High Court Divis..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....nce in the mind of the employer that the worker is not likely to recover from such illness and resume normal duties. It therefore appears to us that the learned Labour Court was correct in holding that a solitary case of illness which is a curable illness, even if it continues for a per......ions resulting from physical or mental incapacity. Physical or mental incapacity, the High Court Division holds, signifies those conditions which render the possibility of the workers recovery from such incapacity remote and uncertain. Similarly, the High Court Division holds, the cond..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ioner thereafter made several representations to the various relevant authorities of the Government clearly stating that she was a Bangladesh Nationality by operation of law and was at present holding Canadian Nationality and that her property is not liable to be declared as an abandoned pro......e Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others&hel..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....me of the S.A. recorded tenants have not been made parties and brushed aside, for want of proof, the contention of the appellant that those recorded tenants have no subsisting interest in the holding in question. This objection as to non-joinder of co-sharers was specifically raised in the ......uting the grounds on which leave was granted submitted that the application for pre-emption was liable to be dismissed on the ground of defect of parties only. He submits that this aspect was over looked by the lower appellate court as well as by the High Court Davison. 12. Mr. Mahmu..Category: Property Law | Date: | Hits: 34
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