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Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

....judgment and decree dated May 11, 1987 of the Court of Munsif (now Court of Assistant Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. ...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......st the possession of the defendant No.1's predecessor and also to the possession of the defendant No.1, that since the death of his father defendant No.1 is in possession of the land in suit, that Bangladesh Khatian No. 309 has been prepared in the name of the defendant No.1. 5. The suit ..

Category: Property Law | Date: | Hits: 28

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n Title Suit No.14 of 1991 dismissing the suit. 2. The short fact is that the respondent as plaintiff filed Title Suit No.14 of 1991 in the Court of Subordinate Judge, 1st Court, Dhaka for a declaration and for compensa­tion alleging, inter alia, that the defendant No.3 Chief Commerci......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… P..

Category: Civil Law | Date: | Hits: 150

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....acts, in brief, are that the petitioners, as plaintiffs, filed the above suit for decla­ration of their title on 3.781½ acres of land described in schedule Ka of the plaint and also for declaration that the compro­mise decree dated 17.6.77 passed in Title Suit No.68 of 1997 in res......ity 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) 525. ......g that the plain­tiff No.1, who himself was examined as P.W.1, in his deposition admitted that Ram Ratan Bal went to India during liber­ation war and returned back after libera­tion of Bangladesh and P.W.2 also admit­ted the said fact that Ram Ratan Bal went to India during Pakis..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Enamul Huque and others, 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) 519. ......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) 519. ...... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. ..

Category: Property Law | Date: | Hits: 26

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......acter made it necessary to do so. 9. Review matters are governed and regu­lated by the provisions of Order 47, Rule 1 of the Code of Civil Procedure and Order 26 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. As a matter of practice and rules this court proceeds ..

Category: Administrative Law | Date: | Hits: 159

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ...... and the hearing date was fixed on 10.5.2004 but the hearing could not take place. Due to high quality of Yellow Pages Directory containing maximum informa­tion about the business houses within Bangladesh and abroad it became a favourite to the business houses and differ­ent sections of ..

Category: Intellectual Property Law | Date: | Hits: 329

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....ssistant Judge, Makla, Sherpur passed in the Other Class Suit No.15 of 1999 reject­ing the prayer for temporary injunction. 2. The respondent, as plaintiff, filed the above suit seeking declaration that the order dated 23.3.99 under the signature of the Head Master/Member Secretary of......ere 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) 485. ......ere 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) 485. ..

Category: Employment/Service Law | Date: | Hits: 66

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... Md. Mustanisur Rahman .............Petitioner (In Civil Petition No. 822 of 2007) Md. Kamrul Hasan and another.........Petitioner (In Civil Petition No. 823 of 2007) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Secretariat Building, Ramna, ..

Category: Employment/Service Law | Date: | Hits: 57

Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)

....Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for parti­tion of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 purported to have been execut­ed by Del......ct decision 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: VI ADC (2009) 469.......ct decision 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: VI ADC (2009) 469...

Category: Property Law | Date: | Hits: 42

Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)

.... 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: VI ADC (2009) 466. ...... 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: VI ADC (2009) 466. ......ellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka..

Category: Business or Commercial Law | Date: | Hits: 163

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....or of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, col......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ..

Category: Property Law | Date: | Hits: 34

Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

....acts, in short, are that Ferastullah predecessor of the petitioners as plaintiffs instituted a Title Suit No.56 of 1991 in the court of the learned Assistant Judge Koyra against the respondent for declaration of title and confirmation of possession and  permanent injunction on the allegati......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..

Category: Property Law | Date: | Hits: 22

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases Referred to: Sheikh Ahmed Vs. The State reported in 1979 Bangladesh Supreme Court Reports Volume III at page 417; Giasuddin and others vs. The State 44 DLR ..

Category: Criminal Law | Date: | Hits: 35

Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......Appellant Vs. Administrative Appellate Tribunal, Dhaka and oth­ers..........Respondents Judgment May 21, 1998. Cases Referred to: Mujibur Rahman Vs Bangladesh 44 DLR (AD) 111; Taleb Vs. Bangladesh 45 DLR(AD) 45; Ehteshamuddin Vs. Bangladesh 33 DLR..

Category: Administrative Law | Date: | Hits: 110

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

....give a decision on the respective merits of the two sides' sub­mission. The right of pathway, admitted by the defendant- appellant in an interlocutory proceeding, has not finally resulted in a declaration of the plaintiffs easement right over the suit pathway. The plaintiff-respon­dents ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..

Category: Procedural Law | Date: | Hits: 64

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....n Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and succes­sors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the suit ......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. ......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. ..

Category: Property Law | Date: | Hits: 34

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....om­plainant under section 200 Cr.P.C. on 21 September, 1993) filed Title Suit No. 62 of 1993 in the Court of Assistant Judge, Satkhira impleding the complainant and others as defendants seeking declaration of title and confirmation of possession as regard the land of deed No. 86 of 8-1-1976 ......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

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......Rahman J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Sec..

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

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......d in: II ADC (2005) 732. ..

Category: Employment/Service Law | Date: | Hits: 95

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....nd reversing those dated 30-1-86 passed by the learned Munsif, Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian N......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. ......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. ..

Category: Property Law | Date: | Hits: 33