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Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....court came to the aforesaid building on October, 1996 and asked the appellant about to ownership of the building who in reply said that he is the owner of the building. From that date appellant first time came to know that his house was declared as abandoned property and one Abdul Faraj Molla file......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....e also filed Succession Case No.627 of 1981 in the court of learned Subordinate Judge, 3rd Court, Dhaka and withdrew his share with the help of succession case. Munshi Imamuddin Dewan during his life time gifted 7 kathas of land by Heba-bil-Ewaz being deed No.37889 dated 24.11.1980 to his daughter S......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....ndoned buildings published by the Government on 23.09.1986. The respondent then filed an application before the Court of Settlement praying for release of the house in question. 3. At the same time Istefa Hossain under whose custody the respondent No. 5 kept the house in question in the year ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
....f service life he retired from the service on 5.1.2002 as usual while he was serving in the Syedpur Railway Factory as SSAE/Flec:/ PNT/Syedpur Bangladesh Railway, Syedpur. The last monthly pay at the time of his retirement was Tk. 8400/-. The petitioner enjoyed LPR from 5.1.2001 to 4.1.2002. He appl...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....itted by the learned Advocate for respondent No.1 that in order to get benefit of the concurrent users it is necessary to show that both the user are in honest use of the trade mark from the same time or there around and it will appear that the word "concurrent" means at the same time and in Ben......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
....overnment and the respective PSI Agency was for 3 years effective from February 15, 2000. The writ-petitioners in respect of the service rendered by them submitted bills and received payment for some time without deduction of VAT. On March 11, 2001 NBR wrote to the concern authorities for charging V...... Act of 16 of 1999 upon repealing section 25A which was inserted by the Finance Act 11 of 1994) as well as in the light of the provisions of the Pre-shipment Inspection Order, 1999 invited tender for appointment of PSI Agency for the purpose of "verification and certification of the quality, quant..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....the former in another Case of the similar subject matter. Bail may be granted when the accused has served substantial portion of sentence already and the appeal could not be disposed of within the time prescribed by law. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Mrs......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....t of Lecturer in the Department of Islamic History and Culture; out of 10 applicants the relevant committee recommended the names of 3 applicants including the respondent for the said post. At that time one Dr. Ibrahim, Associate Professor of Department of Islamic History, made a frivolous objecti......ellants Vs. Md. Jalal Uddin Chowdhury and others………………Respondents Judgment March 17, 2009. The Dhaka University Order, 1973 (President's Order 11 of 1973), Article 52 An appointment made by a legally constituted committee under Dhaka University Order, 1973, can be revie..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
.... May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the appellants made at this belated stage to allow them to determi......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... expressed provision that one shall be appointed Secretary by promotion from among Additional Secretaries to the Government and who has served as Additional Secretaries for at least two years. At the time of the impugned appointment as Secretary-in-charge, writ-respondent No. 5 had been an Additiona......ion No.6219 of 2007 making the Rule absolute with direction.
3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(ii) of the Constitution by way of quo-warranto challenging the appointment of writ respondent No.5 Kazi Habibul Awal, Additional Secretary, Legislative Drafting Wi..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....ation for leave to appeal is against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division making the rule absolute. 2. The application is time barred. The explanation given for the delay of 15 days in filing appeal appears to be not satis....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
.... a civil court. The appellants out of the proceedings of the above Misc. Appeal Case N0.13 of 1981 and also from the contents of the annexures of the above Writ Petition No. 159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30.10.1963, the alleged pow......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
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Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....hall be confiscated. (2) Notwithstanding contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribunal Shall not take cog......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....inciple loan amount plus the accrued interest amount thereon contending, amongst others, that the defendant-petitioner hereof took loan for its salt business but failed to repay the same within the time or thereafter, inspite of demands made by the bank. The petitioner hereof as principal d......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....tle by way of adverse possession besides their other right by settlement. The plaintiff’s husband is an Advocate's clerk of Khulna Judge's Court. Defendant Nos.1-3 were minors during the time of S.A. operation. The defendant No.4 entrusted the husband of the plaintiff with the recordin......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
.... certificate as well as the payment of balance consideration, failing which the plaintiff would be at liberty to get a sale deed executed and registered through court. The plaintiff at the material time was ready and willing to pay the balance consideration money to the defendant No.1 but he avoid......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....tain status quo in respect of possession in favour of plaintiff -petitioner but the Government and their functionaries are strictly directed to lease out the suit property at any suitable time in favour of the highest bidder ignoring the Government Nitimala and this error has vitiated ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....d objection, the plaintiff filed Title Suit No.17 of 1996 and although Rosmoy Datta died in the year 1985, the plaintiff could not get anything with the help of the said muktipatra during his life time and the record in the suit land was prepared in the name of owner Rosmoy Datta, who took jote ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....aughter Korfulennessa. After the death of Korfulennessa, the defendant No.2 was brought up by the grand father at his residence and after the death of Nosibullah said defendant No.2 stayed for sometime in the said house and thereafter the said defendant No.2 along with his father left the house ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....nnessa defendant No.1 and Jibonnessa defendant No.2. Defendant No.1 Khairunnessa was married to Mohammad Mia and both of them resided and lived with Torab Ali in his house. Torab Ali, during his life time, sold .36 acres of land, out of suit plot No.1661 with a “Chouchala” tin hut thereon to def......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
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