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Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......, 32,437.31 till 30.11.2008 and he did not pay any amount of loan and as such he is a loan defaulter. 5. The Sonali Bank Limited also informed the said fact to the Credit Information Bureau (CIB), Bangladesh Bank, Dhaka and Bangladesh Bank enlisted him in the CIB list and his name appeared in ser..

Category: Election Law | Date: | Hits: 116

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....th Kartick, 1352 B.S. During the S.A. operation Jagodish Chandra's name was wrongly recorded, Accordingly Hossain Ali instituted Title Suit No.140 of 1975 in the Court of Subordinate Judge, Pabna for declaration of title against Jagodish Chandra Sarker and the suit was decreed ex parte on 29th Janua......the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..

Category: Property Law | Date: | Hits: 25

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... of Senior Assistant Judge, Kasba, Brahmanbaria, impleading the present petitioner as defendants and respondent Nos.9-22 as other defendant and respon­dent No.23 as Proforma defendant, pray­ing for declaration of title to the suit land and for recovery of Khas possession there­in alleging, inter ...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....ourt dated 30th July, 2009 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......hat the service of the summons was not made in accordance with law, that the heirs of Azim Munshi including Majom Ali were residents of Asam, India, and therefore their address shown in the plaint in Bangladesh, on which the sum­mons were alleged to have been served by hanging, were found to be not..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......) 388. ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....he pre-emption case, the pre-emptee respondent no. 1 filed a suit being the Title Suit No. 131 of 1993 on 2.5.1993, in the Court of Assistant Judge, First Court, Dhaka, with the prayer for decree for declaration that the deed of Heba bel Ewaj dated 28.1.1991 executed and registered by Rabeya Khatun ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..

Category: Property Law | Date: | Hits: 27

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejgaon, Dhaka ...........Petitioner Vs. M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repre­sented b..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....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: 15 MLR (AD) (2010) 99. ......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: 15 MLR (AD) (2010) 99. ......lul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Feni ............Respondent Judgment ..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....e law and cannot be questioned in any court of law as per Article 78 of the Constitution. The learned Attorney General further argued that though the petitioners did not, in so many words, pray for a declaration against the ruling of the Speaker but indirectly came against it. As a rules two riles, ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Latifur Rahman J Khondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998...

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ...... .......L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretar..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......f was brought. 29. We are aware that since our Constitution was framed in 1972 and Article 70 was substituted by the Twelfth amendment a lot of changes has taken place in the concept regarding independence of parliamentarians. A Joint Colloquium on "Parliamentary Supremacy and Judicial Indepe......998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-pe..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... Case No. 53 (12)2006, the petitioner-respondent was shown arrested in the said case by the Court of Chief Metropolitan Magistrate, Dhaka vide order No.7 dated 03.07.2007. 3. The Government of Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12.2008. Further,..

Category: Others | Date: | Hits: 98

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawye..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….......

Category: Property Law | Date: | Hits: 21

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

.... Joint District Judge, Second Court, Sylhet in Title Suit No. 18 of 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement ......rived 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: VII ADC (2010) 330. ......e suit lands along with other lands orig­inally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1930-31 from differ­ent persons. The p..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....udge discharging Civil Revision No.1786 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alle......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..

Category: Property Law | Date: | Hits: 21

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile   Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for reg­istration of the tra..

Category: Intellectual Property Law | Date: | Hits: 273

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....tle and possession in the suit-land and also failed to prove his case of dispossession as alleged in the plaint; and finally, the learned Judge held that the plaintiffs suit, praying for a decree for declaration of title and recovery of khas possession is  not  maintainable without seeking a furth......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dh..

Category: Others | Date: | Hits: 115

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....ed 30.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza G......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..

Category: Property Law | Date: | Hits: 20