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Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

....he High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......complainant and his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused No.1 at the relevant time was sub-Inspector of Police at Pirojpur Police Station and accused No.2 was P.S.I at Kotwali Po...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..

Category: Others | Date: | Hits: 82

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

.... the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ...... shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owners had been carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ..

Category: Property Law | Date: | Hits: 29

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

.... The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......ibi, Bariron Bibi and Bacchani Bibi. They paid rents to the ex-landlord and subsequently surrendered the said lands to the landlord Tasiruddin Sarkar. The land­lord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold......nt Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Sho......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..

Category: Property Law | Date: | Hits: 18

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

....tioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......e applica­tion issued an order asking the defendants to show cause within 5 days as to why the prayer for injunction should not be grant­ed. The defendant No.1 appeared on 03.08.2005 and prayed for time to file written objection and thereafter the defen­dant Nos.1 and 2 filed a written objection ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....04 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... Meah reported in 8 BLD (HCD) 497 it has been held that if there is an entry adverse to the plaintiff he is not bound to institute suit for declaration that the entry is wrong. Such a suit will be in time if brought within 6 years of the threatened invasion. In the instant case it appears that the a......pen to worshipper or other persons interested in the endowment to file suits for the protection of the debuttar. It is open to the deity also to file a suit through some person as the next friend for recovery of or for other relief. Such a next friend may not often be a person who as a prospec­tive......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

.... Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......t the respondent No.7 died long ago and the suit filed by her has abat­ed. The petitioner referred the orders passed in Civil Revision No. 1225 of 1960 with regard to death of respondent No.7 at the time of hearing of the Rule. The respondent No.36 tadbirkar of the respon­dent No.7 was directed to......ule 11 of the Code of Civil Procedure. He further submits that the plaintiff-respondents being heirs of the deceased defendants in Money Suit Nos. 92 of 1960 and 97 of 1966 filed by the defendant for recovery of arrear rent and the predecessor-in-interest having admitted their tenancy under the peti......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

....he appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......loan money and also upon equitable mortgage of the landed properties owned by the respon­dent No.2 but due to lot of formalities and other various impediments, they could not start their business in time and thereby they having failed to repay the loan, the appellant instituted Money Suit No.835 of...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......uthority for an offer of sale of the suit property under the Government circular bearing memo No. Shakha-5/AP-1M-26/83 (ANG-SHA)/110 dated 02.03.1986 but the defen­dants delayed the offer for a long time with­out giving any answer at the investigation of some corrupt employees and some interest­e......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ..

Category: Property Law | Date: | Hits: 23

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

.... for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......unsel appearing for the respondents and perused the petition and the impugned judg­ment and order of the High Court Division and other papers on record. 11. It appears that for enlargement of time no case was made out before the Court and the deposit as directed by the Court was also not mad......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......he letter inti­mating the writ petitioner to receive the money has been annexed but no such copy was filed in the High Court Division and therefore such a contention cannot be accepted for the first time in this Court, more so when no affidavit-in-opposition was filed in the High Court Division. In......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......endants and some of their predecessors along with pro forma defendant No.41. The plaintiffs obtained certified copy of the settlement record and came to know about the said wrong record for the first time on 11.05.1985. In fact, none of the principal defendants or their predecessor had or has any ti......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..

Category: Property Law | Date: | Hits: 33

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

.... 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. ......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. ......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)

....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. ......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. ......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)

.... 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. ......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. ......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)

....­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......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. ...... 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)

....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. ......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. ......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

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....ade hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......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......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....rder 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. ......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. ......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)

....Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......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...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....asis 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. ...... 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. ......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