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Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
.... that the land situated in Mouza No.75 Podua, pertaining Sabek Khatian No.74, Plot No.575 measuring 225 decimals of land originally belonged to Abdul Hakim Bhuiyan. He while in possession sold 22 decimals of land to Kala Mia, father of the plaintiff, by executing a registered deed of s......ved al 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) 823. ...... Feni, which was heard on transfer by the learned Joint District Judge, 2nd Court, Feni, who by the impugned judgment and decree dated 23.3.2003 allowed the appeal and reversed the judgment of the trial Court. 5. Being thus aggrieved and dissatisfied the plaintiff moved the High Court Div...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Halim alias Halim Mia .............................Petitioner Vs. Abdus Sattar and others .................................Respondents Judgment June 21, 2009. ..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....ated 13.6.2006. The plaintiff has given wide publicity of their above trade marks at huge costs through various media of publicity with the result that the said trade mark has become closely associated in the minds of the public with the products and services of this plaintiff. By virt......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ...... also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....d three-storied building in the suit land between 1969-1979 and the plaintiff with his father and mother has been residing therein. The said Zinnat Ali died leaving one widow, Hasimunnessa and two sons Jalal Uddin and Akkas Ali and thereafter Hasimunnessa died leaving the said two sons. The sai......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......filed an application under Order 11, Rule 21 to strike out the defence of the defendant respondent which was allowed by order dated 10.8.2002 and 16.9.2002 was fixed for peremptory hearing. But the trial court suddenly by order dated 7.9.2003 dismissed the suit as not maintainable. 5. Bein......structed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High Court Division in Civil Order No.1010 of 2008) ..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
.... appeal of one of the plaintiffs, by leave, against the judgment and order dated February 5, 1997 of a Single Bench of the High Court Division in Civil Revision No.59 of 1968(Jessore)/Civil Revision No. 6061 of 1991 (Dhaka) making the Rule absolute and thereupon dismissing the......ew that the soleh decree passed by a Court should not be lightly brushed aside and that the soleh decree was not challenged by defendant No.3 or by his son P.W.3. But as it appears the trial Court called for the record of the Title Suit No.616 of 1969 and did not find the solehnama in the record......f the defendant No.1 in a portion of the suit property and the plaintiff No.1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on findings that Bishnupada granted general Power of Attorney dated 18......l Islam J Sufia Khatun……………………………………….Appellant Vs. Amin Hossain Mondal and others……..Respondents Judgment January 16, 2005. Case Refer..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....p; Md. Abdul Matin J. - These appeals are directed against the judgment and order dated 23.03.2005 passed by the High Court Division in Writ Petition No. 4256 of 2004 making the rule absolute-in-part and directing the Metropolitan Sessions Judge, Dhaka to proceed with the Special Cas......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ...... upon which the rule was issued. 3. The appellants contested the rule filing affidavit-in-opposition asserting that the Government in exercise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in ......mel Hossain J Mostafa Kamal & anr………Appellants (In Civil Appeal No. 139 of 2006) The Principal Secretary, Office of the Hon'ble Prime Minister, Tejgaon, Dhaka and others.......................Appellants (In Civil Appeal No. 140 of 2006). Vs. Sa..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....der dated 20.0.5.2008 passed in Writ Petition No.6262 of 2005 heard and disposed of along with Writ Petition Nos. 2678 of 2005, 3797 of 2003, 6671 of 2004, 1512 and 1513 of 2006, making the Rules absolute. 2. The facts and circumstances giving rise to the filing of the writ petitions are s......ie in such Tribunal. Mr. Nurul Amin and Abul Quashem adopted the arguments of Mr. T.H. Khan, Mr. Quashed however insisted for decision on title. We can only say if any person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrieved he can go to a Civ......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....there was a prima facie case for going to the trial. In such view of the matter the High Court Division discharged the Rule. 6. In the circumstances of the case, we do not find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. .......2003 he served a legal notice upon the petitioner for payment. The petitioner received the same no 1.7.2003 but with no effect. Hence, was the case. 3. Eventually, the learned Judge of the trial Court by the order dated 26.2.2008 framed charge under section 138 of the Negotiable Instrume...... (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J M.K. Bazlur Rahman…............Petitioner Vs. Md. Johurul Haque and another.......Respondents Judgment ..Category: Criminal Law | Date: | Hits: 51
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....ff instituted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni sadar for a declaration that the deed of gift dated 14.01.1981 executed by Salamatullah Majumder in favour of his sons by second wife defendant Nos.1-5 is void, illegal and inoperative. Salamatullah was a monthly t......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......tituted Title Suit No. 130 of 1980 for ejectment of the plaintiff but the defendant Nos.1-5 were not made parties in the suit. They filed application for their addition as parties in the suit but the trial Court rejected their prayer. The defendant preferred Civil Revision No.4 of 1983 in the Court ...... Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003.) ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....two krantis, Pancho Ram Mondal one anna, six gandos, two karas and two krantis and Darikanath Dakua five annas, six gandos, two karas and two krantis. 4. Darikanath Dakua died leaving three sons namely Monorhar Dakua, Kamal Dakua, the proforma defendant No.8 and the plaintiff Ananda Dakua......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......dated 19.06.1954 within twelve years from the date of attaining majority in the year of 1957 and the plaintiff instituted a false suit which was liable to be dismissed with cost. 7. The trial court decreed the suit and on appeal the appellate court set aside the judgment and decree of......ported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....bdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.08.2007 passed by the High Court Division in Civil Revision No. 4795 of 2005 making the Rule absolute and setting aside the judgment and order dated 05.09.2005 passed by the learned Joint D...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......ted 12.03.2003 passed by the High Court Division and after hearing both the parties in contest the same was dismissed on 17.04.2004 upholding the ex parte judgment and order dated 06.09.1999 of the trial court. It was also stated that in that way when the plaintiff-petitioners have lost upto Appe...... (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ter referred as opposite party No.1 preferred Civil Revision No. 8 of 1996 in the High Court Division against the judgment and order of the appellate court below and the rule was issued and made absolute setting aside the same. The petitioner preferred civil petition for leave to appeal before t......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ioner and others on 30-10-1988 for preemption of the case land measuring 3½ decimals in case Plot No 193 as described in the schedule of the preemption petition. The case was allowed by the trial Court. 3. The pre-emptee hereinafter referred as petitioner filed Miscellaneous Appeal......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Wahab.............Petitioner Vs. Abdul Motaleb and others ...........Respondents Judgment &n..Category: Property Law | Date: | Hits: 27
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... petitioner. 5. It appears from the provision of Section 19 of the Customs Act, 1969 that the Government has been empowered to exempt customs duties payable by the importer or exporter for the reason stated in the said Section. Such exemption is given from time to time by the Government consider......any vested right regarding assessment of customs duties. In the instant cases the duty was not enhanced by the impugned notification rather the exemption granted earlier was reduced which can also be called as partial withdrawal of the exemption. Such withdrawal or reduction in the exemption is ve......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....984 passed by the learned Assistant Judge, 2nd Court, Narayanganj in Title Suit No.210 of 1980 decreeing the suit on contest. 2. The facts leading to the case are that the petitioner-predecessor-in-interest as the plaintiff filed a Title Suit No.210 of 1980 for specific performance of cont...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......committed a grave error of Taw occasioning failure of justice in not finding to the effect that the appellate Court below committed illegality in reversing the sound judgment and decree of the trial Court without reversing the finding and observation of the trial Court and as such it was not...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others……..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....e Acquisition and Tenancy Act 1950 on the averments that pre-emptee respondents Nos. 6 and 7 by judgment and decree dated 19.04.1995 passed in Title Suit No.134 of 1990 became owners and possessors of 4.97 acres of land and they by kabala dated 31.12.95 sold .47 decimals of land to the resp......re 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) 772. ......ite of offer, again refused to purchase it and then the respondent No.1, on 4.8.1996, purchased 1.08 acres of land and all those transfers were executed within the knowledge of the pre-emptors. The trial Court, after hearing, by the judgment and order dated 19.9.2000 allowed pre-emption. The pre......m J Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. K..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....further declaration of his right, title and interest in the suit land alleging as follows. 3. The suit land originally belonged to on Patit Paban Shaha of Binodpur in the district of Jessore. The plaintiff petitioner took oral settlement of the suit land from Patit Paban Shaha in the ......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......never acquired the suit land out of his own funds and the defendants were all along possessing the suit land from before and after the death of their father Monmotha Nath Golder. 5. The trial court dismissed the suit by the judgment and decree dated 06.06.1988. The plaintiff petitione...... (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Haripada Goldar.................Petitioner Vs. Md. Sahabuddin Sheikh and others…........Respondents Judgment ..Category: Property Law | Date: | Hits: 32
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ce of the defendant/petitioner, is directed against the judgment and order dated 9.2.2006 and 12.2.2006 of the High Court Division passed in Civil Revision Case No.3714 of 2000 making absolute the Rule obtained against the judgment and decree dated 17.7.2000 of the learned Addi......ity 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) 763. ......s of a contract to sell her share to the defendant No.1, handed over the possession of her share to the defendant No.1 and thus defendant No.1 had been owing and possessing the suit land. The trial Court, after hearing, decreed the suit. On appeal the learned Additional District Judge, Dhak......ision (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008. Lawyers ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....hafique Ahmed, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 25, 41, 44, 46-48, 50-61, 63, 65-78 and 80 (In Civil Appeal. No. 71 of 2002) Mafizul Islam (In person)- For Respondent No. 64 (In Civil Appeal No. 71 of 2002). Rafique-Ul-Huq, Senior Advocate, i......to circumstances detailed in Sub-rule (Gha). But ultimately the issue which is dependent upon certain factual determination of certain question was left undecided in the decision as no decision was called for in those appeals. 56. The appellants invoked the Heydon's mischief rule and contend th......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998. Cases Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedin 32 DLR (AD) 110;......gnant to the Constitution. 19. Except on grounds of jurisdiction etc. as above all laws made during the period between the 15 August, 1975 and the 9th April, 1979 "Shall not be called in question in or before any court, tribunal or authority on any ground whatsoever" (Pa...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......riar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998...Category: Constitutional Law | Date: | Hits: 167
....1 and 6457 of 2003 respectively).
Judgment
Mohammad Fazlul Karim J.- These appeals by leave are directed against the judgments and orders passed by the High Court Division in making the Rules absolute with directions in Writ Petition Nos. 3570, 6895, 6456, 6461 and 6457 of 2003. In all these w....../880 dated 11.03.2003 (Annexure-D) that the Superintendent Engineer, RHD, Sylhet Road Circle, Sylhet has referred a comprehensive Memo for information and necessary action stating that the tender was called on 29.08.2002 and received five tenders which on proper scrutiny were evaluated as under;
......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......244-246, 248-50 of 2005)
Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005)
Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005)
Vs.
Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals)
And
Md. Eunus and Brot..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....91 under section 403 of the Penal Code and section 5(2) of the Prevention of Corruption Act, II of 1947 by which the respondent was convicted by the Tribunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Tk.1000/- on both count......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......………………....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge wit....... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K..Category: Criminal Law | Date: | Hits: 63
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