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Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... also has a dwelling house, tube-well etc. upon the suit land. The finding of the trial Court is that the defendants have been possessing the suit land. The trial Court found the plaintiff to be a person unworthy of credit. He admitted in cross-examination that he filed a criminal case against d..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... 138 of the Negotiable Instruments Act which runs as follows:- 138. Dishonour of cheque for insufficiency, etc. of funds in the account. – (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......of his body. The victim succumbed to Ms injuries at the hospital. C.S. Witness No.25 Mahbubur Rahman was hurled on the ground from the second floor of the building causing injuries on his person. Many of the employees including C.S. Witness No.26 Sahiduzzaman, General Manager (Sales and..Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......erein the business of selling pan and firewood's since long. The plaintiff has not constructed any kutcha house on the north eastern corner of the plot. He has not stored any bricks there. No person called Azizul Huq has any construction there. There has been a fraudulent and wrong recordin..Category: Property Law | Date: | Hits: 33
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....here 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) 449. ......here 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) 449. ..Category: Criminal Law | Date: | Hits: 47
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
.... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ......comment "referred to drawer", that one of the accused being the relative of the complainant he asked for time with the expectation of returning the money received by the accused persons, but to his frustration on January 1, 2003 accused persons finally refused to pay back..Category: Criminal Law | Date: | Hits: 56
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality 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: VI ADC (2009) 424. ......mit evidence to decide whether the plaintiff No.1 executed the kabala dated 27.7.1960 in favour of Krishna Kanta and whether both the LTI in the said kabalas are of the same person and accordingly in appellate Court did not commit any error in examining the hand writing ex..Category: Property Law | Date: | Hits: 33
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....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. ......d in the case of Fazlur Rahman Akhand and five others vs. Government of Bangladesh and others, 52 DLR(AD) 116, this Division held that for seeking summary relief in writ jurisdiction the aggrieved person cannot wait for an indefinite period and must come as expeditiously as possible and in ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....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. ......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
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ound as a genuine one, the High Court Division committed error is not vacating the order of status-quo; that the interim order of this court is a discretionary remedy providing protection to a person who has bonafide established his case but in the present case it is clearly established..Category: Property Law | Date: | Hits: 25
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......plaintiff petitioner inasmuch as legal character may not always arise or emanate on the basis of a particular statue but it may arise from enjoyment of a right for a long period by a group of persons in a particular given fact and thus erred in law in passing the imp..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ered sub-section (3) of section 5 of the Cinematograph Act, 1918 and also the Rule 6 and 7 and held that the licensing authority has absolute discretion either to grant or refuse the license to any person." 6. Leave was granted to consider the submissions of the learned counsel for the petiti..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....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. ......e kabala dated 06-01-1987 in favour of the decree holder appellant. Thereafter, the appellant applied in the Execution Case for getting possession of the suit property after evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent No..Category: Property Law | Date: | Hits: 31
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. ......minated as the guardian member, Md. Tajul Islam was nominated as Teacher Representative by the Director General of the Department of Secondary and Higher Secondary Education and Md. Abul Kashem as person interested in education by the Chairman of the Madrasa Board and that the appellant, as Upaz..Category: Others | Date: | Hits: 270
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. ......proceeding. 2. The prosecution case is, in short, that on 21-4-1998 the petitioner herein as the complainant filed CR Case No.53 of 1998 and TR Case being No.14 of 2001 against the accused-persons in the Court of Magistrate, 1st Class, Munshiganj alleging, inter alia, that the complaina..Category: Criminal Law | Date: | Hits: 65
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. ......y the High Court Division has rejected the said submission regarding protection of trade mark of the appellant in Bangladesh inasmuch as the appellant has failed to prove itself to be an "aggrieved person" for maintaining an application for cancellation of the trade mark under section 46 of the Tr..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. ......rovide for the dismissal of a public servant on his conviction of certain criminal offences". Public servant is defined under section 2(a) thus: "Public servant" means a person in the service of the Republic and includes a chairman, vice Chairman, director, managing di..Category: Employment/Service Law | Date: | Hits: 97
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
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. ...... the nature and character of such a society is determined by its formation and the functions performed by it and also because the appellant-society does not come within the definition of "person", contained in Clause (5) of Article 102 of the Constitution or as a "statutory p..Category: Others | Date: | Hits: 224