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

....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. ......7.10.2004 and further although in the complaint there is a refer­ence that G.D. entry was made on 26.7.2003 for return of the car and the papers, but from 19.4.2003 to 7.10.2003, i.e. during a period of more than one year and six months, the petitioner or the Hospital authority took no step ..

Category: Criminal Law | Date: | Hits: 47

Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......n the Court of learned Magistrate, cog­nizance Court No.1, Rajbari against the petitioners under Sections 406/420 of the Penal Code stating, inter alia, that his father died during his service period leaving behind the complainant, his brother, sister and mother as heirs. The heirs of Abdul ..

Category: Criminal Law | Date: | Hits: 41

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ...... cultivating the same through their men, growing paddy and enjoying the usufructs thereof. The plaintiffs paid rents to the private landlord and obtained Dakhilas but the same were lost during the period of liberation in 1971. At the time of S.A. operation the suit land measuring 9.64 acres was ..

Category: Property Law | Date: | Hits: 23

Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......ning majority in the 12 years from the date of execution or rejection of the deed in 1946. But in the instant case he has filed that suit long after 3 years of his attaining majority or beyond the period of 12 years of the execution or reg­istration of the deed. As per his admission he was a..

Category: Property Law | Date: | Hits: 30

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

....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. ......d and five others vs. Government of Bangladesh and others, 52 DLR(AD) 116, this Division held that for seeking summary relief in writ jurisdiction the aggrieved person cannot wait for an indefinite period and must come as expeditiously as possi­ble and in the case of Sarwarjan Bhuiyan and oth..

Category: Property Law | Date: | Hits: 50

Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)

....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......se of the writ-petitioner-respon­dent No.1, in short, is that he obtained lease of a Pathor Mohal on 17.04.2004 vide Memo No. 236/1 for collecting tolls in the name of the Union Parishad for a period of six years with a yearly rental of Tk. 1,15,000.00 and after obtaining lease he was given ..

Category: Property Law | Date: | Hits: 25

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

.... 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. ......, 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 the plaintiff bank, during the period from 24.1.1984 up to 29.9.1985, opened 48 import L/Cs on behalf of the  defendant respon..

Category: Civil Law | Date: | Hits: 106

Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)

....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ...... suit brought by the plaintiff petition­er inasmuch as legal character may not always arise or emanate on the basis of a particular statue but it may arise from enjoyment of a right for a long period by a group of persons in a particular given fact and thus  erred  in  law&nbs..

Category: Property Law | Date: | Hits: 32

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ion picture Film in the said Cinema Hall by taking the licence from respondent No. 1 and his licence was lastly renewed on 19th July, 1998 for 3 (three) months. The appellant before the expiry of the period of licence granted earlier applied for granting licence for another 3(three) months on 11th O..

Category: Civil Law | Date: | Hits: 128

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....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. ...... 10-11-1994 and the learned Subordinate Judge, Commercial Court and Artha Rain Adalat No.2, Dhaka on the same date stayed the further proceeding of the said Title Execution Case No.3 of 1993 for a period of 6(six) months. 3. Being aggrieved by the aforesaid judgment and order dated 10-11-..

Category: Property Law | Date: | Hits: 31

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......tion No. 8050 of 2002 along with other writ petitions making the Rule absolute by declaring the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept out of service by the order of "pay off'. 2. The facts, in ..

Category: Employment/Service Law | Date: | Hits: 64

Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)

....e-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......PWs 2 and 4. In the said meeting as many as 9 resolutions were taken and one of the resolu­tions was that an internal audit was held which audited the income and expenditure of the School during the period from July 1992 to 20th October, 1993 and found the accounts proper and correct.  12. ..

Category: Criminal Law | Date: | Hits: 65

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....ifests the cor­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... registered in one country of the union protection is given to other coun­tries of the union. 5. He further submits that under Article 6(2) once a mark is registered in one country of the union a period of at least five years from the date of registration shall be allowed for requesting cancella..

Category: Intellectual Property Law | Date: | Hits: 233

Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)

.... Civil Court the receiver as well as the Magistrate shall deliver possession and income of the property to the whining party in the civil Court. If the first party failed to file a suit within the stipulated period of one year the preceding under section 145 of the Code of Criminal Procedure sha......t the receiver as well as the Magistrate shall deliver possession and income of the property to the whining party in the civil Court. If the first party failed to file a suit within the stipulated period of one year the preceding under section 145 of the Code of Criminal Procedure shall stand dr..

Category: Criminal Law | Date: | Hits: 34

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......lection or nomination as, or for being, a Chairman a or member if he has been, on conviction for a criminal offence involving moral turpitude, sentenced to a term of not less than two years, unless a period of five years has elapsed since his release. The Returning Officer rejected the nomination pa..

Category: Administrative Law | Date: | Hits: 144

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ...... Explanation.- For the purpose of calculation of wages under this sec­tion wages shall mean the average of the basic wages and dearness allowance if any, paid to the worker during the period of twelve months immediately preceding the date of discharge."  4. The ..

Category: Labour and Industrial Law | Date: | Hits: 72

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......of 1970. Though due to outbreak of the liberation war the appli­cant and her family members did not return to the then West Pakistan the applicant was in possession of the building during this period through her caretaker till immediate­ly before the commencement of the President's Order..

Category: Property Law | Date: | Hits: 42

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ...... 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Government; while the said Md. Hani..

Category: Property Law | Date: | Hits: 30

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

....thers  handed  over Tk. 60,000/- in cash to the plaintiff through Matin and also kept his 43½% decimals of land as security against payment of further amount of Tk. 60,000/- within stipulated period,  putting his  signatures  on some blank stamp papers, and with c...... handed  over Tk. 60,000/- in cash to the plaintiff through Matin and also kept his 43½% decimals of land as security against payment of further amount of Tk. 60,000/- within stipulated period,  putting his  signatures  on some blank stamp papers, and with condition th..

Category: Property Law | Date: | Hits: 34

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......er section 302 read with section 34 of the Penal Code and sentenced them to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- each; in default to suffer imprisonment for a further period of three years each. The accused respondent and 5 others then preferred Criminal Appeal No.5..

Category: Criminal Law | Date: | Hits: 58