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Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....d made many industrial plots therein and therefrom gave allotment of the suit plot measuring 412.33 square yards to him on 14.5.1980 at a premium of Tk.69,581/-; then a lease deed was executed and registered on 4.4.1984 leasing out the above plot to him for 99 years and the possession of the abo......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....Nawab Ali and Serajuddin by the deed of Heba-bil-Ewaj dated 18.03.1942. Nawab Ali died leaving behind plaintiff as the only son; Serajuddin who transferred 0.04 acres of land in favour of Madrassa by registered deed dated 18.11.1959 in favour of Abdul Majid representing the Madrassa as Secretary. Po......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ...... view of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....ion 41(2) of the Artha Rin Adalat Ain, 2003 he submitted that 50% deposit of the decretal amount is mandatory. Without such deposit and endorsement in the memo of appeal, the appeal can neither be registered nor the memo of appeal could be accepted. So, the learned Counsel submitted that violati......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......iew, of the above, we find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....in stifling the prosecution and depriving the complainant from proving the prosecution case by evidence at the trial and that the presumption under section 27 of the General Clauses Act as to the registered post will be applicable in the instant case and, as such, it will be deemed to have been ......ng the prosecution and depriving the complainant from proving the prosecution case by evidence at the trial and that the presumption under section 27 of the General Clauses Act as to the registered post will be applicable in the instant case and, as such, it will be deemed to have been served on a...... which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be quashed……………..(16)..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....re-B within 3(three) weeks from the date of receipt of the order. This Court granted leave in the aforesaid leave petition by the order dated 18th April, 2004 and thereupon Appeal No. 145 of 2004 was registered. 3. The writ-petitioner in Writ Petition No.5951 of 2003 moved the High Court Di......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......ly, dismissed and the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....er the trade mark in question, there was no opposition to the advertisement of the aforesaid application and the application proceeded with registration unhindered. The trade mark so registered was renewed for a period of 15 years from 25-8-1998. After entering into the User Agree......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......s power under section 46(4) of the Trademark Act…………………..(39 and 40) Cases Referred to- Jabed Ali Sarker vs. Dr Sultan Ahmed 11 DLR (AD) 78; Secretary, Ministry of Industries, Nationalised Industries Division vs. Saleh Ahmed and BTM..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....cognisance upon the complaint filed under sections 165 and 166 of the Income Tax Ordinance read with rule 15 of the Emergency Power Rules and thereupon Metropolitan Special Case No, 33 of 2007 was registered (arising out of Complaint Petition No. 33 of 2007) and thereafter, on 10-7-2007 transfer......ne qua non to the successful prosecution of a criminal proceeding under Chapter XXI of the Ordinance. 13. In an appropriate case the wholesome rule is that a criminal Court may adjourn or postpone the hearing of a criminal case, if the disposal of any proceeding under the Ordinance, whi......rdinance The question of validity of the sanction or any defects in it can only be determined by the trial Court……….(14) Cases Referred to- MA Hai vs. TCB 40 DLR (AD) 206; Nesar Ahmed vs. Bangladesh, 49 DLR (AD) 111; Commissioner of Income Tax vs. Bhupen Champak..Category: Fiscal/Taxation Law | Date: | Hits: 97
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....ing a shop house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registered kabala dated 3-11-1984 and delivered possession thereof and since then the plaintiff has......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......l. The appeal having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....shy;able offence and in that view of the matter. We direct the learned Magistrate to admit the petitioner on bail to his satisfaction.” 2. The Criminal Miscellaneous Case was registered upon an application filed by the accused under section 561A of the Code of Criminal Proc......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... Nur Husain alias Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD)..Category: Criminal Law | Date: | Hits: 38
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
....evealed that the loanees were not the inhabitants of the villages as shown in the loan bonds and the owners of the land shown to have been mortgaged did not apply for loan. The said F.I.R. was registered as Keshabpur PS. Case No.5 dated 31.5.1985. 3. The police took up investigation ...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......vidence and law and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ...... and proceeded towards Munshir hat along with accused Azahar but he did not return home and subsequently his dead body was recovered from a jungle and an U.D, Case was started by the police and after postmortem examination over the dead body of the deceased the case was started. The police on comp......nce there is no reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....dant Nos.2 to 12 as his heirs who inherited 81½ decimals of land and that the defendant Nos.2 to 12 sold 32 decimals of land to the defendant Nos. 15 to 20 the present petitioners by 4 registered deeds of sale and delivered possession and that the plaintiffs having no right, title or......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......urt. In view of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....cres of land from plot No.350 to one Nur Mohammad Khan on 04.07.1968 and put him in possession and Basiruddin sold 0.40 acres of land of plot No.379 to the said Nur Mohammad Khan on 09.07.1968 by a registered kabala and delivered possession to Nur Mohammad Khan. The suit plot No.334 as descr......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......of the above, we find no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....o figured as O.P.W.3 failed to show any service return on the defendant Nos.15, 48, 49 and 50. The trial Court while allowing the Miscellaneous Case arrived at the finding that the summons by registered post was not served on the defendants and that the summons shown to have been served on ......red as O.P.W.3 failed to show any service return on the defendant Nos.15, 48, 49 and 50. The trial Court while allowing the Miscellaneous Case arrived at the finding that the summons by registered post was not served on the defendants and that the summons shown to have been served on the defenda......ourt we are of the view that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ..Category: Procedural Law | Date: | Hits: 78
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......nt employee in continuation to his subsequent services till 30.12.1996. He was appointed temporarily as Work Assistant by P.W.D's Superintendent Engineer's order dated 17.10.1968 and was posted in the Office of the Superintendent Engineer against Sub-Division No.1 of Development (Bldg)......d arrived at the decision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ..Category: Administrative Law | Date: | Hits: 115
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ight, title, interest and possession in the acquired lands and on enquiry the L. A. Department found possession of the plaintiffs on the basis of their purchase from the defendant No.1 by virtue of registered kabala dated 14.03.1961. But the defendant No.1 on some false pleas filed an objection i......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......s. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. Cases Referred To- Mukku Mia and others vs. Ali Hossain Bhuieyan and others BCR 1984(AD) 61; Jafar Ali and others vs-Sadak Ali and others, BCR 1985 (AD) 29. Lawyers Involved: ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....d to Kamrunnessa Khatun as her dower money of Kabinnama while she married Ershad Ali; that Kamrunnessa and heirs of 2 daughters of Akramullah with defendant No. 2 intended to sell their shares and by registered kabala dated 17.04.1995 the defendant No. 1 purchased the suit land; that the plaintiff n...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......n. In view of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same to respondent No.1 by two registered deeds dated 05.05.1990 and 12.05.1990 beyond the knowledge of the petitioner. The peti&s...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......rit in submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ue and he reared the children of Munshi, that he entrusted the management of the property to the defendant No.1 and that immediately after the death of Saleh defendant No.1 got a deed executed and registered by Amira and Sobura, 2 wives and 2 surviving sisters Asma and Kul-suma by false represen......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... 10. In the background of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..Category: Property Law | Date: | Hits: 37
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....o its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale deed executed and registered in his favour through Court in Other Class Execution Case No. 6 of 1986; subsequently, t......nce December, 1985. The plaintiff contested the above miscellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upon the defendants by registered post which being refused by the defendants, according to law, were deemed to have been served upon..........Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to: Abul Khair Mia vs. Abdul Latif Sardar, 32 DLR (AD) 167; Mofazzal Molla and another vs. Parul Bala Debi and others, 24 DLR 78 Mozaffar Ahmed and ot..Category: Property Law | Date: | Hits: 33
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