Search Options
Judgment Advanced Search
Displaying 2821-2840 of 3988 results.
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... possession was open and notorious to all who were also parties in the different suits; that the plaintiff’s possession in the suit lands became adverse to the real owners and/or the persons claiming under them for more than twelve years when he failed to acquire title by virtue of a kabal......s Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. None represented —The Respondents. Civil Petition for Leave to Appeal No.1674 of 2007. (From the judgment and decree dated the 29th day of Augu...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
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. ......s dismissed. Lawyers Involved: Abu Shams Md. Khalequzzaman, 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 pas......aster Ali Badsha, to the accused to withdraw Taka 65,765 from the A/C No. 674 of the Khas Mohal Baluchar High School from Sonali Bank of Baluchar Branch; that the accused withdrew the money but he did not hand over that money to the Managing Committee, rather misappropriated the whol..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ntion there must be proof of well-known or wide use which is very much lacking in the case of the objector. Furthermore, the objector has not got his mark registered in this country. So he now cannot claim any protection under Article 6 of the Convention." 10. This Division by judgment and order ......) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); K......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
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....dures, 1977 on 29 March 1984 long before the said ordinance came into force he is not entitled to the protection of the said ordinance. A public servant, the learned Advocate submits, can claim reinstatement upon acquittal on appeal only when he was dismissed under section 3(1) of the ......a Clerk Cum Store Keeper under BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under se......t was dismissed from his service under the service Rules of BADC, more specifically the BADC Disciplinary Case Procedures, 1977 for an offence of misappropriation of the corporation money following his conviction in special case No. 8 of 1979 prior to the promulgation of the Publi..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....a, Dhaka city. 3. The 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 judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. D......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
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... of defendant No.2 on 28 July 1980 as well as the two deeds of sale executed by defendant No. 2 in favour of defendant No.7 on the same date were colourable deeds without consideration. The plaintiff claimed that the deed of sale dated 1 August 1979 was a deed of out and out sale and that he was a c......f 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 dated 1 August 1979 wa......erty under sale (Ext. D) was executed by defendant No. 1 on stamp purchased by him on 19 October 1979 stipulating that he would recovery the property whenever he received back the consideration money. On 28 July 1980 defendant No.1 executed and registered two deeds of reconveyance in respect o..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ries of representations made by her an inquiry was held into the matter. She was asked by the Deputy Commissioner, Chittagong by letter dated 6-6-84 to submit documents and papers in support of her claim on 13-6-84. Her authorized agent appeared before the Deputy Commissioner, Chittagong on 12-6......en living with her husband at Chittagong. Her children were also born at Chittagong. At the time of filing of the writ petition the writ petitioner was a Canadian resident. She left Chittagong for U.K. on the last day of October, 1971 in connection with her business abroad and also for......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. ..Category: Property Law | Date: | Hits: 42
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....nt No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the other hand, claims that there was an amicable partition of the 'A schedule land by which Bishatullah got .05 Vi ...... owning, possessing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the......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)
....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. ......ision in Writ Petition No. 536 of 2003) Judgment Syed JR Mudassir Husain CJ.- This appeal by leave at the instance of Md. Jahangir Alam (Selim) writ-respondent No. 4, a candidate for election for the post of Chairman of No. 9 Kaimpur Union Parishad under Kashba upazila, Distric...... of Section 7(2) (f) of the Ordinance. He argued that in the instant case admittedly a fund of Tk. 50,000/- was provided by the Upazila Development and Co-ordination Committee from the money obtained by leasing out the bazar and it is mandatory to spend 15% of the money obtained by s..Category: Election Law | Date: | Hits: 282
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
.... (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and has vested in the Government as such, section 7 provides that a person claiming any right or interest in any such building may make an application to the Court of Settle......o. 321 of 1989 discharging the Rule obtained against the judgment and order dated 19.1.1988 of the Court of Settlement Dhaka passed in Case No.566 of 1987 dismissing the case. 2. Brief facts for disposal of this appeal are that the appellants and their predecessors filed the above Case No......on, Serajul Huq, Shamsul Huq and Aynul Huq, also obtained a certificate from the Court of District Delegate Judge, Dhaka in Succession Certificate Case No. 365 of 1985; Md. Hanif, who drew pension money from the exchequer of the Government upto 31.8.81, was the owner in possession of a house sit..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....he balance amount of Tk. 1,00,000/- on furnishing proof of issuance of visa in his name for America and that plaintiff Salam along with others subsequently handed over a photo copy of a visa claiming to be the visa for America issued in favour of the defendant and demanded payment of the b......peal No.164 of 1998 dismissing the appeal by the High Court Division. The First Appeal arises out of the judgment and decree dated 22.02.1998 passed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The f......ant No.1 purchased the suit land by registered kabala dated 18.02.1992 and after making a semi pucca house was living there and while thus owning and possessing the said land, being in need on cash money, disclosed his intention to sell the suit property and the plaintiff offered him Tk. 4,50,000..Category: Property Law | Date: | Hits: 34
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....terest therein. 4. The appellant Government and the present respondent Nos. 2-4 the officers of the appellant, as defendants contested the suit by filing written statement denying the claim of the plaintiff as a raiyat in respect of the suit land and asserting therein that the suit ...... 1st Court, Dhaka decreeing Title Suit No. 202 of 1970. 2. Respondent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. 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
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... who inherited to the extent of the other half of the suit land. The suit was ultimately decreed in preliminary and final form on 25.08.1992 and 05.07.1993 respectively, though the appellants claim that no summons of the original suit was served upon Ful Mehar Bibi (defendant No. 8). The ca......002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka, impleading ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....e and order was passed for recording the suit lands in the name of the plaintiffs. 11. From the C. S. Khatian, it is clear that the total area of plot No. 1600 is 4.61 acres whereas the plaintiffs claim to have taken settlement of 10 acres of land from plot no . 1600 which appears to be absurd,......Revision No. 3961 of 1996 discharging the Rule. 2. Short facts are that the plaintiff respondent filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the su......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.... producing a fitness certificate from a doctor on 8.1.90 he had gone to the mill on 9.1.90 to join his service but he was not allowed. Respondent No. 2 did not examine the doctor in support of his claim that at the relevant time he was fit to continue in service. 13. Mr. Md. Aftab Hossain......d and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application wit......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)
....endant No. 1 of their own money who initially took the lease of the land from Nawab Khawja Habibullah Bahadur the lessee of the Waqf Estate. The Waqf Estate or the lessor had or have no interest or claim over the structure constructed thereon in pursuance to the lease deed to defendant No. 1. In s......e, 1997, passed by the High Court Division in First Appeal No. 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. T......n found that notice of six month is required. 13. It appears that construction of building underground tank, installation of filling machine had the like were undertaken by the lessee by their own money which has been admitted by P.W 2 Nawab Khawja Abdul Gani. It is also an admitted fact the Motw..Category: Tenancy Law | Date: | Hits: 149
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....e right, title and interest of his client in the property was decided by a competent Civil Court in 1980 and the Court of Settlement dismissed the case respondents without any finding regarding the claim. He also submitted that the court of settlement did not find that the bainapatra of the resp......arted 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 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazette Notification SRO No. 364-1/86 dated 23.9.8......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)
....ion. The Appellate Division upon hearing the plaintiff granted leave to consider that on the face of clear finding of the trial court that the defendant was a habitual defaulter and inasmuch as the claim of the plaintiff with regard to bonafide requirement could be established by the plaintiff a......te and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C. Suit No. 2 of 1992 , decreeing the suit for ejectment of monthly tenant. 2. The respondent was inducted in the year 1965 as an ejectable ...... tenant respondent by filing a written statement. His case inter alia is that the plaintiff had no cause of action in the suit because the tenant defendant had paid a sum of Tk. 5,000/- as security money vide Ext. Ka at the inception of creation of the tenancy on condition that at every month Tk. ..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....lawful authority and to be of no legal effect and directing that the writ respondents to re-instate the respondent No. 1 herein giving him two months time to report to the office; outstanding claim with regard to US $ 12,489.11 or his claim for residence grant etc. shall be settled after hi...... by the High Court Division in Writ Petition No. 112 of (1999). Judgment Mohammad Fazlul Karim J.- This appeal by leave was granted to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-r...... his genuine outstanding dues assured be respondent No. 3. 10. Thereafter, Director, Milan with letter dated 19.6.1990 sent only 5 air tickets without arranging payment of arrear salary and money for dispatching personal effects. The writ petitioner, therefore, sent a letter dated 21..Category: Employment/Service Law | Date: | Hits: 105
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... 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. ......Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1......sited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha Rin Adalat, Dhaka in Money Suit No. 214 of 1990 against the app..Category: Civil Law | Date: | Hits: 87
32763271327032673265326432603256325532533250324532443243324232403236323532343231