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Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... was not in ejmali possession nor the petitioners have any title to it. Respondent Nos.1-3 got their names mutated by paying rents and subsequently respondent No. 5 also mutated his name in government sheristas and he kept the property in mortgage to Jamuna Bank, Dilkusha, Dhaka and took l......ons and daughters have been enjoying the ejmali right, title and possession of the same through the tenants and the defendant No. 1, the eldest brother of the plaintiffs was entrusted with the management of the same which he would discharge through the appointed Manager and they would s..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
.... of Khasmahal 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 Al......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 ......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. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
.... or the petitions for leave to appeal the decision in a review petition may be different. But no alternative situations were presented before us at the hearing of the review petitions. On the other hand the facts upon which our judgment in the petitions for leave to appeal rests, have remained und......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......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. ..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
.... of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda. 3. The suit plot originally belonged to Lalit Mohan who at his deat...... passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
.... affidavit-in-opposition, sworn in August 1992 on behalf of the Government, was filed in time. 8. Mr. M. A. Wahab Miah, learned Advocate appearing for the defendant-respondents on the other hand submits that the Government-appellant has little to gain of restoration of the title suit in q......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......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
.... Society PLD 1962 (SC) 315; Jainal Abedin Vs. Multan Co-Operative Bank Limited, PLD 1966 (SC) 445; S.S. Dhanoa Vs. Municipal Corporation, Delhi and others AIR 1981 (SC) 1359. 8. On the other hand Mr. S.R. Pal, learned Counsel appearing for respondent No.1, submits that the cases cited by D......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......quot;Local authority" shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund; 18. Under the present definition "lo..Category: Others | Date: | Hits: 224
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....hat 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 appellants is that app......lendu 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, represented by Secretary, Ministry of Industries and another..........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 appellants is that appellant no.1 filed Writ Petition No...Category: Property Law | Date: | Hits: 39
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....defined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alias Sundarammal ......yan on 18 March 1935. S.A. Khatian was, however, prepared in the name of Sirajuddin Bhuiyan. Sirajuddin Bhuiyan and Mokbul Bhuiyan constructed their huts on the northern side of the 'A schedule land covering about .06 acre and remaining .05 acre of the land described in schedule 'B' was an open spac......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....he provision of Section 7 (2) (f) of the Ordinance has no manner of application in this case. 7. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the respondent No. 1, on the other hand, contended that the appellant admittedly withdrew a sum of Tk. 20,000/- on 13-05-2002 for impl...... Rule absolute declaring acceptance of the nomination paper of the appellant 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 dispos......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....itioner's acquittal; that two of the four accused namely Majibur Rahman and Abul Hossain and the petitioners from the front and other two of them from the back allegedly held the victim clasped in hand which co-accused Habibur Rahman allegedly struck a dagger blow at the right chest of the victi......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....tition shows that Md. Hanif drew his last pension on 31.8.81; further Annexure-D to the writ n petition also shows the Md. Hanif, by his letter dated 3.7.73, requested SDO (Sadar), South Dhaka, for handing over possession of the above house to him stating that he is a permanent resident of Dhaka......above case, and his other two sons Shamsul Huq and Aynul Huq, the petitioner Nos. 3 and 4 in the above case who are the appellant Nos. 2 and 3 herein, were born in Bangladesh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh wit......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. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ide the judgment of the lower appellate court at least in the greater interest of doing justice. 9. Syed Badrul Alam, learned Advocate appearing for defendant respondent No. 1, on the other hand, submits that Abbas Ali Munshi got the settlement of the suit land from the Ex-Zaminder as far......nd Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No. 146 of 1977). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the Government plaintiff appellant, is from the judgment and decree dated 20.6.88 passed by a learned S......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.... appellant without giving him any opportunity of explaining his alleged physical incapacity. 9. Mr. Faruque Ahmed, learned Advocate-on-Record appearing for respondent No. 2 on the other hand submits that the Labour Court on consideration of both oral and documentary evidence, add...... for the appellant submits that under the Act the employer has an authority under Section 16 of the Act to discharge an employee for physical or mental incapacity or continued ill health. Moreover, before exercising such authority the employer gave sufficient notice on 20.8.89 to respondent......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....leum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (S. M. Munir and Mrs. Tania Amir, Advocate with him) ins......t No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant N......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....s clear finding that the property legally vested in the Government as an abandoned property. 7. Mr. Ozair Farooq the learned Advocate for respondent No. 3, Showkat Jong Hasmi, on the other hand, submitted that the property in question is not an abandoned property within the meaning of P.......nstitution 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 perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on ......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....ase to case according to the fact and circumstances of each case (42 DLR(AD) 119 and 35 DLR (AD) (388). 9. Dr. Rafiqur Rahman, the learned Counsel appearing for the respondent tenant, on the other hand, submits that since the amount of money being Tk. 5000/- paid by the defendant to the plaintiff......roved by the Sub-divisional Officer and then it was passed by the Chairman of the Pouroshava vide Ext. 5 series which have been proved by the P.Ws. 1, 2 and 3 and this documentary evidence has been over looked by the High Court Division and in that view Dr. Rafiqur Rahman, the learned Counsel for ......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ar payment of outstanding dues will be disposed of after the final decision by the Commerce Ministry. On the outstanding given by the writ respondents regarding his arrear pay, the writ petitioner handed over charge to the Economic Counselor of the Bangladesh Embassy in Rome on 6.7.1989 and 7.7.......ent of outstanding dues will be disposed of after the final decision by the Commerce Ministry. On the outstanding given by the writ respondents regarding his arrear pay, the writ petitioner handed over charge to the Economic Counselor of the Bangladesh Embassy in Rome on 6.7.1989 and 7.7.1989. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ers being the workers of a Corporation were not entitled to invoke the writ jurisdiction where the matter of disputes were to be dealt with and disposed of the Labour Court. 7. On the other hand Mr. Mahbubur Rahman, learned counsel appearing for the writ petitioners-employee-respondents, ......count of the leave salary was not paid to them. For such dues the Corporation have written to the concerned Ministry for necessary instructions and guidelines, which is under consideration of the Government. The appellant Corporation did never refuse to pay such benefits to the writ petitioners ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....w Bigrahah and others 33 DLR (AD) 13. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record - For the Appellant. Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record &......ny manner with the plaintiff's possession in the wakf properties described in schedule Nos. 1 and II in the plaint. 3. The background of the case is this: On 2 April 1956 the then Government of East Pakistan issued two notifications in respect of each district of the Province, o......he publication of the compensation assessment Roll as claimed by the defendant Nos. 1 and 2; (ii) a further declaration that the plaintiff has the right to continue with the maintenance and management of the religious institution of wakf in respect of the properties described in the sched..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....on of Sub-Section 2 of Section 7 of the Act within time and in accordance with law. 3. Mr. Sharifuddin Chaklader, learned Advocate appearing for the plaintiff respondent No. 1, on the other hand, submits that the impugned decree was passed on 29.1.96 and the decree was signed by the trial...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
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