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Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
.... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 2008. Lawyers Involved......urt below fell in serious error in holding that the suit without seeking relief for a recovery of possession is not maintainable in law. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no ille..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Kazi Abdul Hoque……………………..Petitioner Vs Md. Baharuddin and others ........Respondents Judgment May 15, 2008. Lawyers Involved: ......the allotment of the petitioner alleging that the certificate of the petitioner as freedom fighter 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 Go..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....zul Islam J Md. Joynul Abedin J Md. Abdul Matin J The City Bank Limited……….......................Petitioner Vs M/s. Oscar Fashionwear Ltd. and others……….........Respondents Judgment July 20, 2008. ......hem to avail loan facilities from American Express Bank Chittagong; the defendant No. 1 simultaneously continued transaction with the plaintiff bank with a clear understanding that they would properly keep funded the CD Account No. 307 maintained with the plaintiff bank to meet the existing..Category: Civil Law | Date: | Hits: 106
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....hammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…................ers. 5. Mr. Md Aftab Hossain, the learned Advocate-on-Record for the petitioner submits that the Division Bench of the High Court Division erred in accepting the naraji petition without proper appreciation of the police report, which negatived the complicity of the other accused perso..Category: Criminal Law | Date: | Hits: 79
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....zzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373......n 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. It is on record that the complainant filed a similar complaint agai..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (...... Human Rights having the spiritual dimension of man. The learned Counsel has further submitted with reference to GATT i.e. General Agreement of Tariff and Trade for the protection of intellectual property right and the trade related aspect of intellectual property right providing exclusive rig..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respon......ssion by the defendant also being concurrent findings were not subject to interference by the High Court Division in second appeal. The only point urged before the High Court Division was that proper identification and actual location of the suit land were not established. The plaintif..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
.... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re......appellant then instituted Title Suit No.133 of 1990 in the Court of Assistant Judge, 2nd Court, Dhaka to have the said ex parte decree adjudged void by reason of fraud claiming the said land as the property of the Government. The respondents had been contesting the suit by filing a written ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
..... ......nu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale da..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......986 the Government of Bangladesh published a Notification in the Bangladesh Gazette under the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 in the "Ka" list of which the property of the writ petitioner at 35, Panchlaish Residential Area, Chittagong was shown to be incl..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
.... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repres......ity shares, that the appellants used to carry on the business of exhibition of Cinema Halls and became owners of the Moon Cinema Hall, that the said Cinema Hall was wrongly declared as an abandoned property and handed over to respondent no.2 for management. 3. Further case of the appellant..Category: Property Law | Date: | Hits: 39
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
.... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: K...... as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitioner) filed the abov..Category: Election Law | Date: | Hits: 282
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ......udge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, wh..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ra......e impugned judgment and order of the Administrative Appellate Tribunal and the materials on record. 4. This Division in a number of cases held that the Administrative Tribunal is not a Court proper although it has all the trappings of the Court and as such cannot exercise all the judicial..Category: Administrative Law | Date: | Hits: 92
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No......uza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect. 3. The case of the plaintiff, inter alia, was that the suit property originally belonged to the then Zaminder of Kashimpur, who made a settlement of the s..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others................t Ful Mehar Bibi was defendant No.8 in original Title Suit No. 285 of 1980 subsequently renumbered as Partition Suit No. 113 of 1991. In the plaint of the partition suit it was stated that the suit property belonged to Sheikh Nazimddin who died leaving behind one son, Abdur Rahman and one daught..Category: Property Law | Date: | Hits: 26
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....amal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. Lawyers In...... any gainful employment during the period in question. Mr. Awlad Ali, learned Advocate, who entered Caveat for the plaintiff-respondent, could not satisfy us as to the basis of such relief. The proper order should have been to leave the bank to deal with the period in question in accordance ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ......ion. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. Wh..Category: Tenancy Law | Date: | Hits: 149
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....dent No. 1 (In Civil Appeal No. 133 of 1997). Not represented - Respondent No. 2-9 (In Civil Appeal No. 133 of 1997). Civil Appeal No. 132 & 133 of 1997. (From the Judgment and Order dated 9-7-1993 passed by the High Court Division in Writ Petition Nos. 648 of 1987 and 41...... 1987 and writ petitioner respondent Showkat Jong Hasmi filed Writ Petition No. 4165 of 1992 under Article 102 of the Constitution Challenging the enlistment of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in ..Category: Property Law | Date: | Hits: 23
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1 (In all the cases). Not represented - Respondent Nos. 2-5 (In all the cases). Civil Appeal Nos. 65, 66 and 67 of 1997. (From the three separate Judgment and Orders all dated 12th May, 1996 passed......ave declared the orders .of voluntary retirement of the writ petitioners unlawful. 9. In the facts and circumstanc.es of the case at best there may a case of violation of contract for which proper remedy may be sought in the civil court and not under the extra ordinary writ jurisdiction. ..Category: Employment/Service Law | Date: | Hits: 66
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