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Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)

.... Court   Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Cantonment Board Dhaka and another ……………...Petitioners Vs. Sayed......sion.  This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..

Category: Property Law | Date: | Hits: 74

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

.... father Hafizur Rahman, brothers Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced t......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..

Category: Criminal Law | Date: | Hits: 104

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......vernment” that certain publications contain any matter as is referred to in sub-section (1) of section 99A of the said Code. The Government is only required to state by Notification in the Official Gazette the grounds of its opinion, not its satisfaction or formation of opinion………………..

Category: Others | Date: | Hits: 122

Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)

.... Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of 1998).  Judgment     &nb......In any view of the matter the suit appeared to be doomed from the beginning.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..

Category: Employment/Service Law | Date: | Hits: 94

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....revisional application preferred by the petitioner under section 25 of the Small Cause Courts Act for setting aside the decree of the Small Cause Court Judge (Senior Assistant Judge, Third Court), Dhaka for his eviction in SCC Suit No. 8 of 1994. It is out of time by 17 days. As the petitioners ......ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..

Category: Property Law | Date: | Hits: 69

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....ppeal No.6 of 1996 along with Abu Taher Miah, Moksudur Rahman and Air Commodore (Retd) Mainul Islam (absconder) were jointly tried in Special Tribunal Case No. 64 of 1991 by Special Tribunal No.10, Dhaka under section 25B(1) and 25D of the said Act and sentenced each of them to suffer rigorous i......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....t has been held that in the impugned decision that the High Court Division erroneously invoked section 12 of the Ordinance ignoring the facts of the case and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effect that the acquisition proceeding stood abated. 5. Mr. SR Pa......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...

Category: Property Law | Date: | Hits: 89

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

....o. 1436 of 1995, summarily rejecting the writ petition. 2. Respondent Nos. 2-6 filed Case No. 255 of 1987 in the Court of Settlement claiming that holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the property in favour of his wife Farida Begum ......of the house. The said respondents are residing in the house since the time of their purchase. The case property is not an abandoned property and wrongly listed in “Ka” list by Gazette Notification.  3. The Government-petitioner contended that the original lessee..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

.... The plaintiff-respondent, Social Marketing Company, whose product is “ORSALINE”, filed Title Suit No.22 of 1995 under section 73 of the Trade Marks Act, 1940 before the District Judge, Dhaka for permanent injunction restraining the defendant-petitioners, Universal Pharmaceutical Ltd......ts copyright.  We do not find any ground for interference.  The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..

Category: Intellectual Property Law | Date: | Hits: 242

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

....order dated 20-8-95 passed by a Single Judge of the High Court Division in Civil Revision No. 409 of 1992 affirming the judgment and decree dated 23-11-91 of the Senior Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 1 of 1988, decreeing the suit for ejectment of a monthly tenant. 2. Plaint......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.   The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..

Category: Tenancy Law | Date: | Hits: 78

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

...., without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ......ce (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred only when the Deputy Commissioner fixes a date of taking oath within 30 days of Gazette Notification of the result and the Chairman or Members, without good cause shown, fail to ta..

Category: Election Law | Date: | Hits: 110

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....tion for Leave to Appeal No. 92 of 1996. Judgment Bimalendu Bikash Roy Choudhury J.- In a case being Special Case No.72 of 1985 the petitioner was convicted by the Divisional Special Judge, Dhaka under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced to ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..

Category: Criminal Law | Date: | Hits: 95

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....t Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpur)/No. 9469 of 1991 (Dhaka)). Judgment Md. Abdur Rouf J.- This appeal plaintiff, following leave, is from the j......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..

Category: Property Law | Date: | Hits: 83

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....th all the candidates. 3. The said election petition has been registered as Divisional Election Tribunal Case No. 2 of 1997 and it is pending for disposal before the Divisional Election Tribunal, Dhaka. 4. By an application dated 4 August 1997 the petitioner raised certain preliminary object......iament in the general election held on 12 June 1990 from No. 169, Kishoreganj-5 (which included Itna, Mitamon and Austogram police stations). After the final publication of the result in the official Gazette, the respondent who was a candidate with him presented an election petition with various all..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ......h Court Division in Writ Petition No. 5101 of 1996 discharging the Rule Nisi and thereby affirming the impugned notification No. Spe: Aa: B I:(Ain)-32/96/205 dated 4-11-96 published in the Bangladesh Gazette on 21-11-96, appointing and recognising respondent No.1 Kyaw Sam Prue Chowdhury as the Chief..

Category: Civil Law | Date: | Hits: 203

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....l CJ. - The petitioners are defendants in Money Suit No. 37 of 1995 brought by the respondent Janata Bank for recovery of taka 33,86,214.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortly before the date of final heari......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..

Category: Civil Law | Date: | Hits: 137

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....fa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petitio......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..

Category: Employment/Service Law | Date: | Hits: 115

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)

....ision dismissing First Miscellaneous Appeal No. 140 of 1993. 2. Facts of the case, briefly, are that, the appellant invited a tender for preparation of computerized telephone and telex bills for Dhaka, Chittagong and other areas of the country. The tender of the respondent company being the low......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..

Category: Alternative Dispute Resolution | Date: | Hits: 234

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....ate-on-Record—For the Respondents (In Civil Appeal Nos. 59 of 1995). Civil Appeal Nos. 56 to 59 of 1995. (From the judgment and order dated August 30, 1995 passed by the High Court Division, Dhaka in Writ Petition Nos.1582, 1583, 1584 and 1585 of 1995). Judgment ATM Afzal CJ.- These ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....the judgment and decrees dated 29-1-87 passed by the District Judge Munshiganj in Title Appeal No. 9 of 1985 reversing the judgment and decree dated 27-6-80 passed by the Subordinate Judge, 4th Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the afo......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..

Category: Property Law | Date: | Hits: 86