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Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ...... Md. Ruhul Amin J K.M. Hasan J Sonali Bank……………………………Petitioner Vs. Quaderia Publications and Products Limited and others……………Respondents Judgment ....... Under the circumstances the respondents filed the aforesaid writ petition in the High Court Division challenging the impugned letter dated 24.3.1999 threatening the respondent company with legal action. The High Court Division of hearing both sides made the rule absolute on the ground t..Category: Banking Law | Date: | Hits: 100
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......Rahman, Advocate-on-Record—For Respondent No.3. Not Represented—Respondent Nos. 1-2 & 4-5. Civil Petition for Leave to Appeal No. 516 of 2008. (From the judgment and order dated 8-1 -2008 passed by the High Court Division in Writ Petition No. 6107 of 2004). ......d prior to promulgation of the Artha Rin Adalat Ain, 2003. The discussions and observations as made by the High Court Division in the body of the judgment passed by it do not suffer from any illegality or any misconception of the law. The submissions of the learned Advocate points to the ha..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......0 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, represented by the Secretary, Ministry of Industries Dhaka and others…........Respondents (In all the cases) Chairman, Bangladesh......ners being totally dependent on their salary income, they were compelled for dire necessity of life to approach the Court for permission to draw some termination benefits without prejudice to their legal claim for reinstatement. By an order dated 21-10-2003, the High Court Division was pleas..Category: Employment/Service Law | Date: | Hits: 64
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....at the suit land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Kalipada Chakraborty, of them Guru Doyal Chakraborty proposed to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit property meas......Tafazzul Islam J Md. Joynul Abedin J Md. Ali Bepary and ors.................Petitioners Vs. Garupranjan Chakraborty and others...........R...... for drawing such a conclusion. 5. It appears from the record that there is no sufficient pleading in support of plaintiff's claim of adverse possession in the suit land and there is also no legal evidence as well in support of plaintiff's claim. To enable a plaintiff to acquire title..Category: Property Law | Date: | Hits: 22
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....ers. 5. Mr. Md Aftab Hossain, the learned Advocate-on-Record for the petitioner submits that the Division Bench of the High Court Division erred in accepting the naraji petition without proper appreciation of the police report, which negatived the complicity of the other accused perso......hammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…................vocate-on-Record further submits that the finding and observations made in the impugned judgment by the High Court Division are not only contrary to the materials on record but also highly illegal inasmuch as the same has prejudged the ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....nt of 1/5 share from the tenants and also from disturbing the plaintiffs from collecting rent from the tenants to the extent of their 1/5 share and from changing nature and character of the ejmali property by demolishing partly or fully the three-storied building constructed by their mother...... Md. Tafazzul Islam J Md. Joynul Abedin J Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents ......land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding on them and also for khas possession of their saham alleging, inte..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ...... Md. Joynul Abedin J Md. Abdul Matin J Bangladesh Bridge Authority & another......... Petitioners Vs. Mukul Kumar Biswas and others..................Respondents Judgment &nb......respondents filed the aforesaid writ petition challenging the order vide Memo dated 9-3-2002 dismissing them from their services in the writ respondent petitioner, Bangladesh Bridge Authority as illegal. The writ petitioner respondents joined in various posts in the writ respondent pet..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....n and one of the resolutions was that an internal audit was held which audited the income and expenditure of the School during the period from July 1992 to 20th October, 1993 and found the accounts proper and correct. 12. It is on record that the complainant filed a similar complaint agai......zzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
.... Human Rights having the spiritual dimension of man. The learned Counsel has further submitted with reference to GATT i.e. General Agreement of Tariff and Trade for the protection of intellectual property right and the trade related aspect of intellectual property right providing exclusive rig.................Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (......and. 22. Similarly in the case Ellis & Co. T.M. reported in 21 RFC 617 it has been held that "every person also will in a reasonable probability suffer any injury or loss (using those words in a legal and not in a sentiment sense) from the other persons claiming to use it may be construed as a ..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....e rule was made absolute. The first party having felt aggrieved moved the Appellate Division and obtained leave. The finding of the High Court Division to the effect that since it appears that the properties in question are the common properties and the auction sale was not for benefit of a...... Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mvi. Amzad Ali and others.......Petitioners Vs. Shamsuddin alias Shamsuddoha and others. . . .Respon......of 1987 dated 14.6.1987 was restored. 7. Mr. Khan Saifur Rahman, learned Advocate for the second party submits that the Courts below as well as this Division was wrong in not considering the legal aspect of the matter, that the case land was purchased in equal share by the predecessor..Category: Criminal Law | Date: | Hits: 34
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......t ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. Abdur Razzaque………&hell......ad not been abolished. Accordingly the learned Judges of the High Court Division declared that the impugned memo dated 18 May 1986 refusing to reinstate the respondent to his post to be illegal and of no legal effect. A direction was also given for his reinstatement in service. 6..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....ssion by the defendant also being concurrent findings were not subject to interference by the High Court Division in second appeal. The only point urged before the High Court Division was that proper identification and actual location of the suit land were not established. The plaintif...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respon......e other hand, the High Court Division had nothing to criticize Ext. 4 which clearly indicated the western boundary of Sajeda's land. This shows that the High Court Division had no cogent ground or legal evidence to depart from the findings of the two Courts below. It is well-settled that there i..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....appellant then instituted Title Suit No.133 of 1990 in the Court of Assistant Judge, 2nd Court, Dhaka to have the said ex parte decree adjudged void by reason of fraud claiming the said land as the property of the Government. The respondents had been contesting the suit by filing a written ...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re...... 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. Leave was granted to consider the submissions made o..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....nu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale da....... ......les were collusive, fraudulent etc. The appellate Court observed: It is not necessary, therefore, for us to decide whether other four sale deeds in question are sham or invalid deeds in view of the legal position that second, sixth and seventh defendants took the property with the infirmity attach..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Res......l authority" and thereby it is amenable to the writ jurisdiction under Article 102 of the Constitution. Dr. Hossain further submits that there is little logic to differentiate between the legal status of a Co-Operative Society, when its affairs are managed by an appointed Ad hoc Commit..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....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. ......Mustafa Kamal J Mohammad AbdurRouf J Bimalendu Bikash Roy Choudhury J M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- ......ercise this discretion arbitrarily and capriciously. All the attendant facts and circumstances of each case have to be considered to determine whether a particular period of illness would be a legal period of "continued ill-health". That "was the view taken in the earlier dec..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....986 the Government of Bangladesh published a Notification in the Bangladesh Gazette under the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 in the "Ka" list of which the property of the writ petitioner at 35, Panchlaish Residential Area, Chittagong was shown to be incl...... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......f Settlement for release of the said property from the list of abandoned properties and also for a declaration that the said property is not an abandoned property. The writ petitioner was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
.... 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 that the property which was transferred by the kabala executed on 16.5.77 and registered on 14.11.77 ha...... in: II ADC (2005) 558. ......g in question. This objection as to non-joinder of co-sharers was specifically raised in the written objection and in spite of that objection some of the co-sharers have not been impleaded which is legally fatal for the maintainability of the pre-emption petition. 10. He further submits th..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ity shares, that the appellants used to carry on the business of exhibition of Cinema Halls and became owners of the Moon Cinema Hall, that the said Cinema Hall was wrongly declared as an abandoned property and handed over to respondent no.2 for management. 3. Further case of the appellant...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repres......ule Nisi absolute declaring that the impugned notification of the respondents taking over the Cinema Hall in question as abandoned property has been made without any lawful authority and of no legal effect. The respondents were directed to make over vacant possession of this property to..Category: Property Law | Date: | Hits: 39
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
.... as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitioner) filed the abov...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: K......ahangir Alam (Selim) writ-respondent No. 4, a candidate for election for the post of Chairman of No. 9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ Petition No...Category: Election Law | Date: | Hits: 282
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