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Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)

....tion against the defendant Nos. 1 and 2. 4. It was the case of the plaintiff that his father Sirajul Islam was the owner of 31½ decimals of land and said Sirajul Islam died leaving 2 sons and 2 daughters, that plaintiff is the daughter of Sirajul Islam, that her brothers have sold ......ion restraining the petitioner herein from mak­ing any construction in the land In suit as well as not to change the nature and char­acter of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Repo......d char­acter of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ..

Category: Property Law | Date: | Hits: 20

Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)

....eaflet date 06.07.2001 contending false and defamatory statements and the leaflet was distributed among the members of the afore­said Housing Society. As a result, the peti­tioner suffered social, mental and financial loss and injury and he was also defamed and suffered huge financial lo......s miscon­ceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......nding false and defamatory statements and the leaflet was distributed among the members of the afore­said Housing Society. As a result, the peti­tioner suffered social, mental and financial loss and injury and he was also defamed and suffered huge financial loss. 3. The Chief Metro..

Category: Criminal Law | Date: | Hits: 42

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....n a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his......ivilege of bail but respondents violating the Constitutional provision provided under Article 35 of the Constitution included the case in the list of Druto Bichar Tribunal case on the basis of the so-called power given under Druto Bichar Tribunal Act, 2002. The impugned Act was published in the addi......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ..

Category: Criminal Law | Date: | Hits: 59

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

....gust, 1991. The Registrar of Trade Marks being satisfied about the right of property involved in the trade mark ordered the same to be advertised in the journal and accordingly, the trade mark was so advertised. As there was none who had any right, title and interest over the trade mark in quest......estion. They never lodged any objection as to the trade mark registered in the name of the appellant. It was stated that UNILAC used to supply raw materials to the appellant from Australia. The so-called user agreement dated 1st July 1991 has no binding effect on the appellant because it was nev...... are used to purchasing 'Diploma' products for a long time with confidence. The result is that the said res­pondent has been suffering in terms of decreasing turnover of their products and also loss of their goodwill and business reputation. Many traders and customers have been complaining of..

Category: Intellectual Property Law | Date: | Hits: 245

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....his appeal by leave by the defendants arises out of the judgment and order dated 10-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2444 of 1999 making the Rule absolute upon setting aside the judgment and decree dated 8-2-1999 passed by the 2nd Court  of&n......over the management of the Mango garden to them but did not have the desired result. The plaintiffs then represented to the Forest Department for releasing the suit land and thereupon a report was called for and the date of hearing was fixed on 30-03-1992 in this regard. But the Forest Departmen......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..

Category: Property Law | Date: | Hits: 23

Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....he learned Judges of the High Court Division passed the following order: “Mr. Mohammad Zafar Ali Khan, the learned Advocate appearing for the applicants, submits that the predecessor of the applicants purchased the property in question and Siddiya Khatun and Anwara Begum did......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......o. 1 by making false statement obtained the present Rule and that unless the applicants are made party in the present writ petition for proper disposal of the Rule, they will suffer irreparable loss and injury. As it appears Mr. B. M. Elias, the learned Advocate for the petitioners..

Category: Property Law | Date: | Hits: 24

State Vs. Ratan Khan and others, 2007, 36 CLC (AD)

..... in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding another salish and took him to the southern side of the house in the kalai (a kind o......nspite of a salish the money was not recovered. On 12.12.1991 at about 9.00 A.M. in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding anoth......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..

Category: Criminal Law | Date: | Hits: 26

Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)

.... in the petition for leave to appeal. On perusal of the judgment of the High Court Division and the order of the trial Court we are of the view that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case i......cord and perused the materials in the petition for leave to appeal. On perusal of the judgment of the High Court Division and the order of the trial Court we are of the view that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. ......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ..

Category: Procedural Law | Date: | Hits: 78

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

.... the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and not binding upon the plaintiffs. 2. It is the case of the plaintiffs that their predecessor Bachha Mia had three wives by name, Asaba, Chunni and Parijan and said Bachha Mia had 2 sons an......h the said fact and, in that state of the matter, the suit having been decreed by the trial Court and the same having been affirmed by the High Court Division we are of the view no interference is called for with the judgment and decree sought to be appealed. It has been submitted that two of th......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..

Category: Property Law | Date: | Hits: 37

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... took pattan of 10 acres of land appertaining to CS Plot No. 13 under CS Khatian No. 13 from Dhaka Nawab Court of Wards Estate on payment of Nazar of Rs. 510 and that the said Quijrat Ali Mollah also obtained settlement of another parcel of land measuring 10 acres appertaining to CS Plot No. 24 ...... 5 series, arrived at the correct decision holding that the plaintiffs miserably failed to prove their title to the suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..

Category: Property Law | Date: | Hits: 31

Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)

....azlul Karim J.- This petition for Leave to Appeal is directed against the judgment and decree dated 04.07.2005 passed by the High Court Division in Civil Revision No. 171 of 2000 making the Rule absolute setting aside the judgment and decree dated 18.08.1999 passed by the Additional District Jud...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... alleged deed is forged, fabricated and without consideration. If the alleged deed is not cancelled and the pos­session of the suit land is not restored the plaintiffs shall suffer irreparable loss and injury and under the circumstances, have instituted the suit and the cause of action arose..

Category: Property Law | Date: | Hits: 24

State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)

....ode and sentencing him to death in Sessions Case No.44 of 1999 by the judgment and order dated 28-07-2002 and the appeals (one regular appeal and one jail appeal) were preferred by the condemned-prisoner against the said judgment and order of conviction and sentence. The Reference and appeals we......) Shahnaj Parvin Meghana was sitting with her sons and niece on the stair of the east facing dwelling hut of their house at village Alokdia, condemned-prisoner Md. Abdur Rahim alias Panta came and called away her son, the deceased (Mostafa Kamal alias Mithu) towards south on the plea of giving h......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ..

Category: Criminal Law | Date: | Hits: 44

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

....nd the name of afore­said Sultan Ahmed was mutated in the records of Dhaka Improvement Trust and that the aforesaid Sultan Ahmed died leav­ing behind the petitioner Nos.1 to 4 as his successor-in-interest and that they have been in possession of the property peace­fully and that they...... learned Counsel for the petitioners referring to an office note of DIT/RAJUK dated 15.09.1972 submits that the aforesaid power of attorney along with other papers was filed before DIT (RAJUK). We called for the records from the office of RAJUK. On perusal of the records it appears that on vario...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..

Category: Property Law | Date: | Hits: 27

Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)

....ition for leave to appeal has been filed by the defendant-petitioner against the judgment order dated 15th June, 2005 passed by High Court Division in Civil Revision 5028 of 2003 making the Rule absolute  reversing the judgment and decree dated 29-03-2003 passed by the District Judge, 1st C......th. 6. We have heard the learned Advocate for the petitioner and perused the petition so filed and reasons to believe that there is no substance in the matter and as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed......as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ..

Category: Property Law | Date: | Hits: 22

Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

....rned Divisional Special Judge, Khulna passed in Special Case No. 33 of 1997 convicting both the petitioners under sec­tion 409/109 of the Penal Code and sentencing them to suffer rigorous imprison­ment for 3 (three) years and also to pay fine of Tk. 1,21,000/- and in default to suf­f......fessional statement admitted that at the time of payment, Abul Hossain Shah, Deputy Director of the Bangladesh Bank, who has also been con­victed, came with the party when the token number was called on and he dis­closed that the party as his friend and Abul Hossain Shah previously also ......ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....entence dated 20.9.2000 passed by the learned Divisional Special Judge, Khulna in Special Case No. 33 of 1997 convicting the petitioner under section 409/109 of the Penal Code to suffer rigorous imprison­ment for 3 (three) years and also to pay fine of Tk. 1,21,000/- and in default to suf­fer simp......his confessional statement admitted that at the time of pay­ment, Abul Hossain Shah, Deputy Director of the Bangladesh Bank who has also been convicted, came with the party when the token number was called on and he disclosed that the party is his friend and Abul Hossain Shah previously also inti­......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)

....en­dant filed written statement need not be narrated in details. Facts, in short, are that land in suit belonged to Golam Ali. He died leaving his 2nd wife and 3 daughters, that Golam Ali had a son by name Baksha who predeceased his father leaving 2 daughters, that Golam Ali's 1st wife havin......f 2.31 acres. 5. We have heard the learned Advocate-on-record. Although the learned Advocate-on-record took exception as to the nature of the judgment of the High Court Division but while we called upon the learned Advocate-on-record to show from the appellate Court's judgment that the sa...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ..

Category: Property Law | Date: | Hits: 19

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

....Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonged to one Khabir Uddin after whose death his son Mofizul Hoque and two daughters and one wife inherited the property and in view of subsequent t......urt Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the executing and registering the deed of gift and as such interference is called for. 12. He further submits that the trial court being court of first instance consi...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....renewed for further period of 5 years being valid till 03-09-2005. The further case of the petitioner is that in the mean­time, the Government issued a Gazette Notification dated 11-04-2001 amending some sections of the aforesaid Brick Buring (Control) Act, 1989 by the Act 17 of 2001 in the name of......person concerned are not in accordance with law. He next contends that there is a scope for arbitrary exercise of the power and there having no provi­sions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and o......h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..

Category: Environmental Law | Date: | Hits: 517

Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)

....angladesh Biman Corporation represented by its Managing Director and another seek leave to appeal against the judgment and order dated 01.09.2004 in Writ Petition No. 2248 of 2002 making the rule absolute. 2. The respondent No. 1 as writ petition­er moved the High Court Division in Wri...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ......ed from service with malafide motive on 19.10.1997. It was stated further that by notice dated 23.03.1998 the petitioner was asked to show cause on the allegation that he had caused huge financial loss to Biman by overwriting and tampering three indents whereby previous purchase prices of Ivory ..

Category: Employment/Service Law | Date: | Hits: 72