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Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....earing, by order dated 12.10.2000 rejected the said application. The petitioner then filed the present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and acco......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ..Category: Civil Law | Date: | Hits: 78
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....r and unable to pay for the daily needs of the minor child and as such plaintiffs claim or the custody of the minor child merits no consideration. 5. The Family Court dismissed the suit upon holding that if the minor is taken away from the custody of the mother, the defendant and given to ......f, father of the minor filed the suit stating, inter alia, that he married the defendant (the appellant herein) on 14.2.1991 and a son was born on 27.10.1991, that his wife used to quarrel with him over trivial domestic matters, that the defendant left the house of the plaintiff in the last week ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....at and thus the same benefit cannot be extended to the petitioner. 6. The High Court Division upon hearing the parties made the Rule absolute by the impugned judgment and order as aforesaid holding that the respondent P.A-Cum Stenographers attached to the Judges of the Supreme Court of Ba......reme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh and Others……….....Appellants Vs. Md. Sham..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....dduced evidence in support of their cases before the Registrar and after hearing the parties the Registrar by two separate judgments of the same date allowed both the aforesaid rectification cases holding that the appellant proprietor has failed to establish his continuous user of the mark since......itioners (In Civil Petition No. 1527 of 2003) Olympic Industries Ltd. ………...Petitioners (In Civil Petition No. 1528 of 2003) Vs. Registrar of Trade Marks, Government of the People's Republic of Bangladesh and others ……………..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
.... 1990 in the Court of Assistant Judge, Ulipur, District-Kurigram for setting aside the ex-parte decree dated 15.11.1974 passed in Other Class Suit No.575 of 1974 stating, inter alia, that the suit holding recorded in C.S. Khatian No.32 belonged to Formani Bibi. The jote was sold in auction for a...... the suit land measuring 1.44 acres of land. Since the R.S. Khatian was wrongly recorded in the name of the plaintiff, he filed Other Class Suit No.575 of 1974 for declaration of title against the Government and obtained ex parte decree on 15.11.1974. The summons of the suit was duly served upon..Category: Property Law | Date: | Hits: 32
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....unding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of Constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain individuals ......w Proclamation dated 24.3.1982 in which it is stated that by the said Proclamation dated 24.3.1982 the Constitution was suspended and the Chief Martial Law Administrator assumed all the power of the Government of the Republic. Though the then President came to power staging a coup-d etate as it was ..Category: Employment/Service Law | Date: | Hits: 133
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
....ssed in Civil Revision No.413 of 2003 discharging the Rule affirming the judgment and decree dated 27.11.2002 passed by the Joint District Judge, 3rd Court, Comilla in Title Appeal No. 78 of 1999 upholding those of dated 22.4.1999 of the Senior Assistant Judge, Debidwar passed in Title Suit No. 2......19.7.1998 furnished by the District Registrar Comilla (Exhibit Cha) positively indicates that the respondent No.1 was the Nikah Registrar in respect of some Unions including the suit union and more-over the Memo dated 15.3.1997 (Exhibit Jha) issued by the Government indicate that the respondent ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
.... limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Division held in the light of the above fact that "the trial Court erred in law and facts in dismissing the suit on holding that the defendant is not a defaulter on misconception of documentary evidence and also misc......in and accordingly served a notice under Section 106 of the Transfer of Property Act to the defendant terminating the tenancy and asking him to vacate the suit premises but the defendant did not hand over the possession of the suit premises in favour of the plaintiff, on the contrary informed the ..Category: Tenancy Law | Date: | Hits: 151
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....f any denial from the respondent No.1 and in the face of admitted withdrawal of the goods vide Anenxure-C of the writ petition the observation of the Judges of the Division Bench was wrong in holding that the withdrawal of catalogue No.94 from tender sale No. 10/97 was under some mista......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..Category: Others | Date: | Hits: 80
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....in the Code of Civil Procedure that after closing of evidence of the parties no documents could be filed and proved for the ends of justice. Hence the High Court Division committed an error in holding that the document filed after closing of the evidence should have been expunged. 6. ......uted Small Cause Court Suit No.1 of 1998 before the Senior Assistant Judge, First Court, Bogra impleading the petitioners and respondent Nos. 4-7 as defendants praying for a decree for recovery of khas possession upon evicting the defendants therefrom. The plaintiff asserted that t..Category: Property Law | Date: | Hits: 91
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
.... 1,12,000.00 for 2 nos. Staff Tk. 84,000.00 for 4. Guard and menials and Tk.1,78,500.00 for salary of 3 nos. Engineer. Therefore the 1st party sustained business loss for Tk.16, 38,017.33; for with holding payment of bill for additional work for 22 months. The 2nd party illegally deducted a......nt viz imposition of liquidated damage, cancellation of contract forfeiture of security money and performance bond and sale of plants and machineries if the 2nd party deemed fit and necessary to recover their claim, The 2nd party however failed to supply the approved site plan and working drawing..Category: Business or Commercial Law | Date: | Hits: 129
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....on, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the wit...... 5. The case record ultimately came to the file of Nari-O-Shishu Nirjatan Daman Bishesh Adalat, who framed charge against the accused-petitioner under Section 10 (1) of the said Ain and read it over to the accused on dock who pleaded not guilty and demanded trial. 6. The prosecution exa..Category: Criminal Law | Date: | Hits: 32
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....a after hearing, dismissed the appeal. The plaintiff then moved the High Court Division and obtained Rule in Civil Revision No.196 of 2000. The High Court Division, after hearing, discharged the Rule holding that trial court on considering the materials on record dismissed the suit and the appellate......rs by an "Amalnama" at a 'Salami' of Tk. 400/- and also delivered possession of the same to them; under the State Acquisition and Tenancy Act, 1950 the suit land, along with other land vested in the government, then on the prayer of Md. Habib and others the suit land was derequisitioned and vide O..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
.....of 1993 and the High Court Division, after hearing, discharged the Rule. 3. The learned counsel for the petitioner submitted that the High Court Division committed error of law in not holding that Lehajuddin did not execute the sale deed, the defendant No.1 did not acquire any right......died; after his death the sale deed under challenge was registered and then the defendant No.1 mutated his name and obtained dakhila by paying rent and since then he is possessing the suit land for over 35 years; the plaintiff earlier brought a criminal case being C.R. Case No. 19 of 1971 agains..Category: Property Law | Date: | Hits: 25
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....ror in refusing to interfere with the orders passed by the trial Court and thereupon in rejecting the revisional application. Finally the High Court Division discharged the Rule upon holding that no important question of law involved in the revisional application. 7. We have......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ..Category: Procedural Law | Date: | Hits: 58
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....r partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it appears the High Court Division discharged the Rule holding that the defendant No.1 in his written statement admitted the transfer of 60 decimal of lan......t No. 1 was in possession of the suit land and was also able to establish complete ouster of the plaintiffs from the suit land and hence the suit for partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it app..Category: Property Law | Date: | Hits: 20
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....d appeal, could not take any step for filing civil revisional application within time. 4. As it appears, the High Court Division rejected the application for condonation of delay holding that the explanations offered for condonation of delay were not at all satisfac......008) 667. ..Category: Procedural Law | Date: | Hits: 68
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....bout the deed of Wasiyatnama in question. 6. Both the suits were tried analogously by the learned Assistant Judge, Patgram, Lalmonirhat and Other Class Suit No.3 of 1999 was decreed in part holding the Wasiyatnama to be a valid Wasiyatnama to the extent of 1/3 rd of Namiruddin and dismiss......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ..Category: Property Law | Date: | Hits: 23
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....h Court Division and other connected papers. 6. It is not disputed that the pre-emptor is a co-sharer in the disputed holding and the pre-emptee is a stranger. The miscellaneous case appears to have, been filed w......rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....Act. 5. It appears from the record that the pre-emptor filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act and the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..Category: Property Law | Date: | Hits: 21
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