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Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....inite about the order allowing the Miscellaneous Case on obtaining certi­fied copy on February 5, 1991. The plaintiffs claim is based on Ext.1 i.e. the kabala executed on November 7, 1983 and registered on March 4, 1984 and also based on Ext. 2 i.e. a kabala executed on Februay 14, 1984 an......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ...... 10. In the light of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..

Category: Property Law | Date: | Hits: 23

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....t land to Nagendra Bala who while in possession, on 25th Falgoon, 1358 B.S. set­tled the suit land to Sonaullah, father of the petitioners and then Sonaullah in Agrahayan 1362 B.S, executed and registered a kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inh......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......law as appli­cable arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..

Category: Property Law | Date: | Hits: 30

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

.... 5. The defendant Nos. 1-6 resisted the prayer for temporary injunction by filing written objection stating, inter alia, that Sayeda Banu transferred the land in suit to one Haji Md. Aslam by the registered deed dated January 30, 1961, that Haji Md. Aslam purchased the other property from Sayed......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......nt out any error of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ..

Category: Property Law | Date: | Hits: 29

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

....Chandra Ghosh and as security Manada Chandra Ghosh executed 2 kabalas on August 1, 1962 and August 3, 1962 in favour of Nagesh Chandra Ghosh and on August 14, 1962 Nagesh Chandra Ghosh executed and registered an Ekrarnama in favour of Manada Chandra Ghosh to the effect that if the borrowed money...... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......any infirmity of the kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ..

Category: Property Law | Date: | Hits: 25

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....izan on 17-08-1960, who was in possession therein by constructing home­stead. Alizan on obtaining permission in writing from the Government trans­ferred the suit land to the appellant by a registered kabala dated 17-03-1985. Subsequently, the appellant mutated his name in the records of ......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......t by the High Court Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..

Category: Property Law | Date: | Hits: 24

Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)

....the customers are being deceived upon pur­chasing the said water pumps and that the defendants by marketing and selling the water pumps imported by them from China are infringing the Trade Mark registered by the plaintiff and that also causing loss to the plaintiff. 3. After filing the...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 934. ......nd decision made in the judgments while disposing of the application for temporary injunction. Accordingly the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 934. ..

Category: Intellectual Property Law | Date: | Hits: 201

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....he defendants as well as the heirs of Pyar Mamud filed a petition under the provision of Ordinance No. 28 of 1976 before the Revenue Officer and thereupon Revenue Case No. 809 (XIII) of 1976-77 was registered and the same was allowed by the order dated July 3, 1981, that in pursuant to the order ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......t and decree of the appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..

Category: Property Law | Date: | Hits: 18

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

.... the writ petitioner is that she was allotted a plot as men­tioned above by DIT now Rajuk on 06.04.1962. The DIT granted 99 years lease in favour of the writ petitioner, which was executed and registered in 1967. 4. The writ petitioner received a Memo from Rajuk on 11.12.1991 asking h...... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......n our view is quite sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard agree­ment for lease dated 05.04.1960 Shamsuddin Ahmed paid the entire pre&......nts filed by the respondents that we our­selves found it necessary to dispose of the case finally. More so it appears from the records that since 1972 the owners of the property are moving from posts to pillars for addressing their grievance and as such we are of the view that fur­ther d...... of the discussion made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

.... plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated 14.6.65; that for the purpose of ingress to and egress from the said land......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......e the construction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)

....ish the fire, accused Nos. 1-3, 7 & 8 exploded hand bombs and thereby caused terror. In connection with aforesaid inci­dent an information was lodged with the Police Station and a case was registered. 3. Police on completion of investigation submitted charge sheet under section 3 ......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..

Category: Criminal Law | Date: | Hits: 54

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

.... the above suit plot No. 2718; Amjad Ali died leaving behind two sons, Wahid Ali and Rawsan Ali; Wahid Ali transferred 34 ½ decimals of land in favour of Alimuddin from plot No. 2719 by two registered kabalas dated 10.01.1959 and 31.12.56 and made over possession thereof to him; Rawshan A......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......issues as raised arrived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..

Category: Property Law | Date: | Hits: 19

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

.... brother Syed Md. Jafor Sadek because the sole owner of the suit land; on 20.1.1987 the said Syed Md. Jafor Sadek transferred the suit land to Md. Shahidul Hoq, the defendant No.2 petitioner, by a registered sale deed and thus the defendant No. 2/ petitioner became the owner and posses­sor o......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......lip;……………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved:            ..

Category: Property Law | Date: | Hits: 27

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

.... dated March 16, 1983 of the 2nd Court of Munsif (now Assistant Judge) in Other Suit No. 8 of 1980 decree­ing the same and thereupon declaring the deed of gift executed on January 14, 1973 and registered on April 18, 1973 illegal, void, fabricated, collusive and inopera­tive. 2. T......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......background of the discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......". But in the Eleventh Amendment Act the aforesaid bar or ouster provision is conspicuously absent. The legislature i.e. the then acting President Mr. Justice Shahabuddin Ahmed who adored the coveted post of the Chief Justice of this Court twice, in our opinion, in his wisdom did not intentionally p......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudrat-E-Elahi Panir Vs. Bangladesh, 44 DLR (AD) 319; Anwar Hossain Vs. Mainul Hosein, 58 DLR..

Category: Procedural Law | Date: | Hits: 107

Nantu Vs. State, 2007, 36 CLC (AD)

....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......lace of occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding post­mortem examination, examined the wit­nesses and recorded their statement of the some ......the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

....against Malek Gharami and Lal Miah alias Rangu Gharami under section 302/34 of the Penal Code. In due course the records were sent to the Court of Sessions and there Session Case No. 10 of 1996 was registered. 4. At the trial the accused persons, in all 2, were called upon to answer the ch...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......we find no reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......e of one case can not be used in another case and each case must decide on its own evidence and record and fur­ther, in view of the ratio decidendi of the case reported in 18 DLR (SC) 474, the post­mortem Doctor Md. Ariful Sarwar and the Investigating Officer were required to be independ...... so that the evidence of one case is not imported into the other and thereby divert the course of justice to a wrong channel. ………(6) Cases Referred To- 1987 BCR(AD) 140, 7 DLR 305, 13 DLR 414, 18 DLR(SC) 474, 21 DLR Dhaka 958, Siddique Miah Vs. The State, 4 M..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......4 of the Penal Code and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The prosecution examined as many as 16 Pws. including the doctor, who held post-mortem examination and investigat­ing officer, who were duly cross-exam­ined by the de......substance in this petition, we find no other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

....e Ahmed Chowdhury by a regis­tered kabala dated 22.05.1904 vide Exhibit-3 and that Siddique Ahmed Chowdhury obtained possession and pos­sessed for 7 years and then sold to Sarfunnessa by a registered kabala dated 22.03.1911 Exhibit-2(c). But the suit property was mortgaged in favour of o...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... substance in the appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..

Category: Property Law | Date: | Hits: 24