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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. ......aring for the respondent, however, submitted that this Court in its judgment under review considered the decisions reported in 21 DLR (SC) 357 inasmuch as dismissed the leave petition considering the provisions of Paris Convention for the protection of Industrial Property, 1883 and that it has been ..Category: Intellectual Property Law | Date: | Hits: 233
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... 1979. The respondent preferred Criminal Appeal No. 173 of 1974 to the High Court Division. During the pendency of the appeal the respondent was however, dismissed from service under the provisions of the BADC disciplinary Case Procedures, 1977. The said office order was communicated t..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... added in the said Act in section 20 thereof by East Pakistan Act No. XVIII of 1964. 10. To appreciate the submissions of the learned Counsels of both sides we propose to quote the relevant provisions of both the Co-Operative Societies Act, 1940 as well as the Ordinance of 1984. 11..Category: Others | Date: | Hits: 224
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. ...... 10. In rejecting the review application by judgment and order dated 24-4-93 the Court of Settlement held that there is no provision for review of a judgment of the Court of Settlement under the provisions of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 and as such the r..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ...... to take it over, vest, and be deemed always to have vested, in the Government. 5.................................... 6. Certain judgments, etc., annulled.- (1) Subject to the provisions of sub-paragraph (2) all judgments, decisions, decrees, writs, injunctions or orde..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......restoring appeals for ends of justice. 4. Mr. M. A. Wahhab Mian, learned Advocate appearing on behalf of the appellants submits that the Waqf Ordinance is a special statute and all the provisions of the Code of Civil Procedure including Order 41 Rule 19 of the Code is not applicable,..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....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. ......ture of an executing party has been attached to a document in the presence of a witness. It does not involve the witness in any knowledge of the contents of the deed nor affect him with notice of its provisions.' In the Case of Rajammal alias Sundarammal and others Vs. Sabapathi Filial and anoth..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....hat 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 such leasing for the development of the bazar. Acco......f the Union Parishads Ordinance, 1983 reads as follows:- "7. Qualifications and disqualifications of Chairman and members of Union Parishads.- (1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and to be, Chairman or member if- ..Category: Election Law | Date: | Hits: 282
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. ......ession of the Government through allotees, the inclusion of the same in the 'Ka' List is not illegal and further Md. Hanif, being out of possession from the above house since March 1972, under the provisions of section 2(1) of the Bangladesh Abandoned Properties (Control, Management and Disposal..Category: Property Law | Date: | Hits: 30
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ion of the accused respondent is therefore considered as true and voluntary. The case of Mesanur Rahman and others Vs. The State, 16 BLD(AD) 293 may be cited in this regard. 14. It is mandatory for the trial court to bring any incriminating evidence or circumstances including the co......confession was not a voluntary one. Confession is a species of admission. As already stated above a confession or admission is an evidence against its maker and its admissibility is excluded by the provisions in the Evidence Act. As the term confession is not defined in the Act the courts adopted..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....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. ......n the plaint that the suit land has been recorded as forest land the, trial court committed an error of law in decreeing the suit, mechanically, ex parte without considering the effect of the provisions of the S.A.T. Act as well as the Specific Relief Act. 13. In the facts and circu..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....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....... suit. 3. The principal defendants contested the suit by filing written statement and denied the material allegations made in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case is t..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....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........... (3) Where any property is held by ESSO for the purpose of, or in relation to ISSUE undertakings under any lease or under any right to tenancy the Government shall, without prejudice to the provisions of section 3, be deemed to have become, on the appointed day, the lessee or the tenant, ..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......ompetent authorities. He added that the question of competency was not raised by the respondent either in the application before the Administrative Appellate Tribunal. 4. The relevant provisions of regulation 28 of the Service Regulations are as follows: "(2) The p..Category: Employment/Service Law | Date: | Hits: 70
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....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. ......ada he sent an attested copy of certificate of Canadian Citizenship to the Bureau in the month of November, 1996. The certificate shows that Mr. Nazmul Hossain is a Canadian citizen under the provisions of the Citizenship Act of Canada, and as such, is entitled to all the rights, and privil..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......orementioned prayers contending that the preparation of the compensation assessment rolls in respect of the wakf estates in question and their publication were not done in accordance with the provisions of the Act and the rules framed there under and that the plaintiff had continued to..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....came to a wrong finding that the reason for impounding the passport fits in with the provisions of the Bangladesh Passport Order without considering that the impugned action was taken in violation of mandatory requirements of Article 7(4) of the Bangladesh Passport Order, 1973 which mandates recordi......r of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they are enforceable in national courts. The loca..Category: Constitutional Law | Date: | Hits: 208
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......of the suit, the decree was obtained by fraudulent suppression of summons and that by resorting to a partition suit the respondent (plaintiff in that suit) got his title established by avoiding the provisions of Ordinance No.I of 1964 which barred the filing of any declaratory suit in respect of..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......tioned here that the lower Appellate Court allowed the appeals and refused pre-emption mainly on the ground of limitation. But in coming to this finding the lower Appellate Court ignored the legal provisions that limitation starts from the data of registration of the sale-deeds, exts. A4 an..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......atute………(6) Inspite of repeal of President's Order No. 50 of 1972 and in spite of submission of the charge-sheet after the said repeal in accordance with the provisions of clauses (c) and (e) of section 6 of the General clauses Act, the present proceedings ..Category: Criminal Law | Date: | Hits: 51
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