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Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....ut the defendant Nos.1 and 2 created a fraudu­lent and collusive power of attorney in their favour allegedly executed by Sudhir Kumar Roy in India 1965 and on the basis thereof also created two registered Kabalas in favour of defendant Nos.5 and 6. The further case of the plaintiffs is that ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ..

Category: Property Law | Date: | Hits: 23

Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....ter alia, that the suit is not maintainable in its present from and the plaintiff-petitioner's mother for neces­sity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in the year, 1976. 4. The plaintiff-p......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ...... view of the above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..

Category: Property Law | Date: | Hits: 30

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....ccommodation in any city or town in Bangladesh and out of his small savings he purchased the above property measuring 0.40 acres from its original recorded owner Abul Hossain and Hasen Ali by four registered kabalas dated 29.9.1978 and 30.9.1978 at a consideration of Tk.60,000/- and he got posse......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed.  Ed. This Case is also Reported in: VI ADC (2009) 406. ......a, Dhaka and others........Respondents Judgment January 23, 2008. Cases Referred to- Fazlur Rahman Akhand and five others vs. Government of Bangladesh and others, 52 DLR (AD) 116; Sarwarjan Bhuiyan and others vs. Government of Bangladesh and others, 44 DLR (HCD)447. ..

Category: Property Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....rs did not pay the money and thus, practice fraud upon respondent No.2.  Though TK.31 (thirty one) lacs was not paid towards the price of those two buses yet respondent No. 2 allowed the buses to be registered in the name of Bangladesh Paribahan (Pvt) Ltd. and allowed them to carry on the business;......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ...... custody of the Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ..

Category: Business or Commercial Law | Date: | Hits: 142

Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)

.... No.12 on 1.6.1989 as balance consideration money. Thereafter two deeds were written and both the deeds were executed by the defendant No. 12 on 1.6.1969 and it was decided that the deeds would be registered on commission. Subsequently the defen­dant No.12 failed to admit execution of the sa......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......iew petition is not rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..

Category: Property Law | Date: | Hits: 27

Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)

....f 2.13 decimals of land out of said khatian which fell in the share of Masiran, Jahiran and Mohin by dint of a family partition. They settled the area of 2.12 acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......t of appeal and we are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ..

Category: Property Law | Date: | Hits: 23

Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)

....the High Court Division and other connected papers. 6. As it appears the High Court Division made the Rule absolute holding that trial Court, having found that the Ekrarnama, Ext-Uma, was unregistered and the same was written by old ink but in some part of the same fresh ink was used for ......there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ......ct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ..

Category: Property Law | Date: | Hits: 26

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....er the kabala in favour of the appellant for the suit land within 60 days and in the aforesaid terms of the decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consider......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ...... as well as the impugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..

Category: Property Law | Date: | Hits: 31

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....oyees includ­ing the writ petitioners made written rep­resentations to the BCIC. As there was no response, the writ petitioners have served a notice for demand for Justice on 11-12-2002 by registered mail through their learned advocate Mantu Chandra Ghosh. 5. The petitioners who w......was brought to the attention of the court that BCIC was recruiting new hands as per the public notice published in the Daily Ittefaq dated 05-02-2005 and daily The Prothom Alo dated 06-02-2005. The posts advertised for could be easily filled up by the respondents who had all the requisite qualifi...... the High Court Division does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..

Category: Employment/Service Law | Date: | Hits: 64

State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)

....heard the victim. In the morning the victim died. Her father returned home and on 2-11-1997 at 9-35 PM lodged the first infor­mation report at the Nakle Police Station. 5. The case being registered police visited the place of occurrence, seized the victim's alamats, examined the witnes......ath. 4. The prosecution case, in brief, was that victim Selina Begum was a young girl. She was a student of class seven.  In school certificate her age was 12 years and according to the post mortem report she was 16 years. On the night of 1-11-1997 she was sleeping alone in their hut ....... We find no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..

Category: Criminal Law | Date: | Hits: 38

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

....of 1969 for specific performance. All the suits were tried analogous and pursuant to a solenama filed between the parties, the plaintiff got a decree on 23-11-1973. But he failed to get a sale deed registered through the Court as he failed to deposit the balance consi­deration of Taka 2000. T...... 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. ......e above, we find no 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

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......Memo No. 567(10) dated 28-5-2003 issued by the appellant in the capacity of Chairman of the Governing Body of Shahebabad Islamia Senior Fazil Madrassa, Brahmanpara, Comilla, dismissing him from the post of Principal of the above Madrassa on the averments that he was absent in the above Madrassa ...... and others................Respondents Judgment          April 22, 2009. Cases Referred To- Mofizul Huq vs Mofizur Rahman 48 DLR (AD) 121 & Noor-e-Alam vs Bangladesh, 60 DLR (AD) 12. Lawyers Involved: Abdur Razz..

Category: Others | Date: | Hits: 270

Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)

....Informant thereafter went to afore­said Kazi Office on 4-2-2005 and on search came to know that alleged marriage and the related papers of marriage are false and fabricated and no marriage was registered by accused No. 6 Md Manzur Hossain and he issued the fake receipt. Hence the FIR was lod......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......d arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..

Category: Criminal Law | Date: | Hits: 79

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

.... is that the petitioners as plaintiff filed the said Title Suit No. 217 of 2006 against the defendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds......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. ...... decision and dismissed 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. ..

Category: Property Law | Date: | Hits: 22

Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ...... order vide Memo dated 9-3-2002 dismissing them from their services in the writ respondent petitioner, Bangladesh Bridge Authority as illegal. The writ petitioner res­pondents joined in various posts in the writ res­pondent petitioner on various dates. The writ petitioner respondents wer......ials on record arrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ..

Category: Labour and Industrial Law | Date: | Hits: 90

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. ...... representative P.W 3 a teacher who was also a teacher's representative member in the Managing Committee of the School in 1993. PW 4 a donor of the School Managing Committee who has been holding such post for the last 25 years.  9. It also appears from the proposal register of the said Schoo......n of the learned Advocate-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)

....cation of section 6 of the Paris Convention was agitated before the High Court Division which will be apparent on the judgment itself where it is argued that though the petitioner's mark has not been registered yet it is entitled to protection under Article 6 of the Paris Convention to which Banglad...... (respect for private and family life) was similarly invoked in vain in an attempt to challenge the legality of telephone tapping in Malone v. Commissioner of Police of the Metropolis ((1979) Ch 344; post. Para 22-012 and Para. 26-014). Article 8 and Article 14 (enjoyment of rights without discrimin......ernational Private Ltd...............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 ..

Category: Intellectual Property Law | Date: | Hits: 233

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......ry retirement was set aside by the Administrative Tribunal, Bogra by its judg­ment and order dated 18.2.1993 and the opposite parties were directed to reinstate the respondent (herein) in his former post with all back salaries and other attending benefit. This order was upheld in appeal by the impu......he District Judge, Pabna. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

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. ......ertilizer) respectively. 2. The Writ petition came to be filed by the respondent Abdur Razzaque in the following circumstances. The respondent was 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 Octobe......ment and order dated 18 December 1991 of the High Court Division in Writ Petition No. 439 of 1986. The First appellant, Bangladesh Agricultural Development Corporation, hereinafter referred to as BADC, is a statutory Corporation estab­lished' under the Bangladesh Agricultural Development Cor..

Category: Employment/Service Law | Date: | Hits: 97

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

.... 3 sons - Santosh Kumar, Nripendra Kumar and Birendra Kumar. The plaintiffs claimed that one Banamali Biswas had pur­chased and got into possession of the suit land from the "said heirs by registered kabala dated 13 June1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by......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. ......d and the judgment 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