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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. ......ion quashing the proceeding observed: "However it would not be proper to discard instantly the above argument made by the learned Advocate of the complainant opposite party as to the fact that the accused petitioner used to persuade the opposite party No. 1 to de..Category: Criminal Law | Date: | Hits: 42
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
.... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ......s stand, his brother demanded back Tk. 1500/- from accused Hossain Mia which he owed but accused Hossain Mia became angry and invited the accused Nos. 1-4 and 6 and they then surrounded the informant party with hockey sticks and rods etc. and under the order the respondent Kamal Udding @ Pichchi Kam..Category: Criminal Law | Date: | Hits: 47
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. ......"(c) of an offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence i..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....et has been paying rent but on the other hand the plaintiffs are not paying any rent concerning Dag No. 1859 which clearly proves the possession of the defendant No.1; that the suit is bad for defect of party in view of the fact of non impleading the heirs of Abdul Monaf in whose name the r......n paying rent but on the other hand the plaintiffs are not paying any rent concerning Dag No. 1859 which clearly proves the possession of the defendant No.1; that the suit is bad for defect of party in view of the fact of non impleading the heirs of Abdul Monaf in whose name the record of r..Category: Property Law | Date: | Hits: 31
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. ......3 upon payment of money, the legal title to the buses shall remain with the appellant, and since there is no claim against the appellant, its property cannot be attached on the application of a third party." 5. Dr. M. Zahir, learned Counsel, appearing for the impugned judgment and order dated..Category: Business or Commercial Law | Date: | Hits: 142
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....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. ......ted 05.03.2006 passed by the High Court Division in Civil Revision No.344 of 1995 making the Rule absolute. 2. The facts, in short, are that the predecessor-in-interest of the opposite party No.1(a) Gulam Wahed Mondal and the Opposite Party Nos. 2-3 instituted the Other Suit N..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....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. ......p; did not give any consideration as to the genuineness of the said Ekrarnama. The High Court Division further held that the records show that in the redemption case the plaintiffs were never made party and the defendant No.1 after obtaining order of redemption against defendant No. 5 prayed for..Category: Property Law | Date: | Hits: 26
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
.... Section 5 of the Act as well as per provision of Rule 6 of the Rules, the respondent No.1 was quite competent to make the order dated 19th November 1998. He has lastly submitted that if there is any defect or infirmity in the order dated 19th November, 1998 this Court in the background of the matte......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. ..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. ...... 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 Nos.1 and 2 filed 3 separate applications praying for stay of all further proceedi..Category: Property Law | Date: | Hits: 31
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......nter alia, that the said property originally belonged to Sukumar Bose and others. In a partition suit being Partition Suit No.132 of 1967 in the 3rd Court of Munsif, Narail the respondent opposite party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23..Category: Property Law | Date: | Hits: 23
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
.... trade mark register on the ground of contravention, failure to observe a condition mentioned in section 37 or any person or without sufficient cause wrongly remaining in the register or any error or defect in entering the register inasmuch as section 37 of the Trade Marks Act has no manner of appli......ion a period of at least five years from the date of registration shall be allowed for requesting cancellation of such a mark. The petitioner has come within the period since the mark of the opposite party No. 1 was registered on 7.12.1991 and the petitioner applied for verification of "SUPERMAX" un..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ...... Sessions Judge, Cox's Bazar in Criminal Revision No. 72 of 1987 and that of the Magistrate, 1st Class, Cox's Bazar Passed in N. G. R. Case No. 132 of 1978. 2. Chand Mia and others as First party filed an application under section 144 of the Code of Criminal Procedure on 21.4.1978 before ..Category: Criminal Law | Date: | Hits: 34
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.......irajgonj District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No. 1 of 1992 for allegedly taking a bribe of TK. 25/- from a party, convicted there under on 14.11.1982 and sentenced to suffer rigorous imprisonment for six m..Category: Administrative Law | Date: | Hits: 144
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....re is an error of law or procedure, which has affected the decision on merits. The decisions arrived at by both the lower Courts were neither contrary to law nor was there any substantial error or defect in the procedure followed by them. In the circumstances the question posed before us in......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. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ant Judge, 3rd Court, Dhaka inasmuch as on March 5, 1991 the plaintiff filed hajira in the transferee Court and also took delivery the copy of the written statement filed by the defendant opposite party in Court, and as such the trial Court acted illegally in restoring the suit. 6. ..Category: Procedural Law | Date: | Hits: 87
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....r's New International Dictionary, "health" means, "state of being hale, sound, or whole in body, mind, or soul". In the same Dictionary, "hale" means "free 'from defect, disease, or infirmity, sound, healthy". Health" therefore does not mean the absen......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....nd which added with the land under pre-emption would not exceed 100 big has. 3. Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not been made parties and t......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ent's Order or as abandoned property under or in pursuance of the President's Order by, or under the authority or at the instance of, the Government, such property shall, notwithstanding any defect in the right or authority to take it over, vest, and be deemed always to have vested, in ......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. ..Category: Property Law | Date: | Hits: 39
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. ......ndra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal. 186 the Judicial Committee of the Privy Council held: '……..attestation proves no more than that the signature of an executing party has been attached to a document in the presence of a witness. It does not involve the witness ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......ontention, he pointed out that the provision of Section 7(2) (f) of the Ordinance envisages that a candidate for Chairman or member of the Union Parishad will be disqualified if the candidate is a party to a contract for work done or goods to be supplied to the union Parishad or has otherwi..Category: Election Law | Date: | Hits: 282
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