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

....erused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division granted the respondent No. 1 2(two) weeks time to submit written statement for ends of justice. The order of the High Court Division has not c......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. ..

Category: Election Law | Date: | Hits: 116

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

....ioner's passport showing the date of his arrival in Bangladesh, and the certified copy of the ex parte decree obtained by him prior to filing the Other Class Suit No.72 of 1986. Furthermore, from the time of petitioner's arrival to Bangladesh and the date of filing the suit it is very much within th......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. ..

Category: Property Law | Date: | Hits: 21

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

....nd her where­abouts and those of her vendor's where­abouts were known to the authority. The petitioner also asserts that the government never took over possessions of the build­ing at any point of time and the petitioner is still in possession of the building with the members of his families and ......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. ..

Category: Property Law | Date: | Hits: 21

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

....red a civil revision being Civil Revision No.2116 of 1993 and a Rule was issued on 1.8.1993 and all fur­ther proceedings of the pre-emption case was stayed till disposal of the said Rule. In the meantime, the aforesaid title suit was re-numbered as Title Suit No. 5 of 1995 on being transferred to t......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)

....sulting from the wrongful act. The respondents are themselves responsible for loss of their goodwill by defaulting in making the payment of the sale proceeds due to the claimant within the stipulated time. In fact the claimant's good will was at jeopardy because of the unlawful action of the respond......said arbitra­tion tribunal was initially constituted with late B.B. Roy Chowdhury, J, Sultan Hossain Khan, J and Mr. Amir-Ul Islam, Barrister-at-Law. With the death of B. B. Roy Chowdhury, J and the appointment of Sultan Hossain Khan, J as Chairman, Anti Corruption Commission, the tribunal was re-c..

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

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

.... Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bureau, Sunamganj filed an application praying for time for submitting the order of sanction and the case was accordingly fixed on 15.01.2002 for recei......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..

Category: Criminal Law | Date: | Hits: 46

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

....party also claimed that the concerned members had joined the consensus Government by way of representing the B.N.P. 4. The respondent No. 1 briefed the members of press that it would take him some time to give a decision on the issue (Annexure-C). Instead he reallocated the seats of the aforesaid......ion or casting vote against the party decision, the question of referring the alleged dis­pute to the Election Commission under Article 66(4) does not arise. 21. He has further contended that the appointment of the two B.N.P. members as ministers does not amount to their resignation from the B.N..

Category: Constitutional Law | Date: | Hits: 171

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

....sts because of their legitimate expectation that they would be absorbed in the revenue budget. In the appointment letter of the petitioners were specifically mentioned that they supposed to work full time in the project and in the project not absorbed in the revenue budget after its completion the a......s clearly stated that after completion of the project step could be taken to absorb the project in the revenue  budget on the basis of the project proforma on 17.11.1999 a circular was published for appointment in the deferent post of the project. In the advertisement, it was mentioned that after s..

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

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

....the major newspapers of the country covered these issues extensively for several weeks. 3. The Speaker, respondent No.  1 in the writ-petition, told the members of the press that it will take time for him to give a decision on the issue. A national debate started in the media over the disput......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. ..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....persons including the convict-appellant-respondents are inno­cent and they all are falsely implicated in the case out of grudge and enmity. The deceased Sohel is a terror and he lost his life at the time of doing terrorist acts on a paddy land and the convict-appellant-respondent No.1-Akter Hossain......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..

Category: Others | Date: | Hits: 66

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

....s of his wife, children and others within 75 hours from the date of receipt of the said notice. 5. He prepared his statement of assets for reaching the same to the said Commissioner within the time limit set by its Secretary. 6. Thereafter, one Md. Abdul Latif, Assistant Director, Anti......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. ..

Category: Others | Date: | Hits: 98

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

.... a saham to the extent of 3.38 acres and decreed accordingly. 6. Mr. Abdul Wadud Bhuiyan, the learned Advocate appearing on behalf of the peti­tioners, submits that Samiruddin during his life time transferred 5.60 acres of land by a registered Heba-bil-ewaz executed on 31.12.1948, to his gra......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

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

....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 plaintiff had been in pos­session of the suit land and at the time of settlement operation, the suit second schedule land was wrongly recorded in favour of Govern......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. ..

Category: Property Law | Date: | Hits: 25

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

....th a tin shed thereon at a consideration of Tk.99,000/- to the plaintiff by a registered sale deed dated 29.3.1990 with an agree­ment of reconveyance  executed and regis­tered on the same day. The time of recon­veyance was 3 months. But the defendant did neither hand over physical possession of ......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)

....od­ucts of the respondent from the rest of oth­ers, 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......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. ..

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

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ft transpired that plaintiff from his brother Md. Shafiqul Hoque got 308 shasrangsha land by way of gift and in the event of any gift of 330 shahasrangsha land by mother of plaintiff during her life; time in favour of plaintiff, his brother could not have transferred 308 shahasrangsha land by way of......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..

Category: Property Law | Date: | Hits: 22

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

....d Kingdom. The respondent No.1 has been prevented from leaving Bangladesh without any jus­tification or explanation. No reason was offered by the petitioner or any Immigration Official either at the time of refusal or any time thereafter. Although the respondent No.1 possessed all relevant and vali......pon­dent No.1 accepted the same or 05.07.2009 by telephone. 4. Since the respondent No.1 was scheduled to go to the Kingdom of Saudi Arabia in July 2009 as such the respondent No.1 also sought an appointment with a thoracic surgeon, Mr. Simon Jordan of the Royal Brompton Hospital in London in Au..

Category: Others | Date: | Hits: 115

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

....s recorded in the name of the petitioner; that the father of the petitioner transferred .17 acres of land of plot No.254 in favour of the petitioner by a sale deed dated 23.1.1997; that for the first time on 15th magh, 1383 B.S. the petitioner could know that .17 acre of land of plot No. 254 was wro......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

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

.... the purpose of setting up of a chemical industry vide allotment letter dated 03.04.1990. Thereafter the petitioner and his partner as per allotment letter dated 03.04.1990 deposited 1,25,208.00 at a time in cash and thereafter paid all the installments and other payable premium without any default ......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....vi­dence on record on the issue of service of summons and arrived at a decision resulting in an error in the impugned decision occa­sioning failure of justice. It is further submit­ted that at the time of preparation of the plaint, the plaintiffs could not collect all the necessary papers and the......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..

Category: Property Law | Date: | Hits: 35