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Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....renewed for further period of 5 years being valid till 03-09-2005. The further case of the petitioner is that in the meantime, the Government issued a Gazette Notification dated 11-04-2001 amending some sections of the aforesaid Brick Buring (Control) Act, 1989 by the Act 17 of 2001 in the name of......person concerned are not in accordance with law. He next contends that there is a scope for arbitrary exercise of the power and there having no provisions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and o......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Invo..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....t of the above 2.01 acres of land one decimal of land was acquired for the road; Sharbananda, who got 1.00 acre of land in his share, he died leaving behind one daughter the defendant No.1 and one son the plaintiff No.2, the plaintiff No.1 was possessing the suit land as her life estate; that pl...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... paid rents and after her death her son, the defendant No.1 is in possession of the same and the plaintiffs were no longer in possession of the suit land after the auction sale. 4. The trial court decreed the suit in preliminary from holding that suit land appertains to C.S. Kha...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bulmayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents ..Category: Property Law | Date: | Hits: 67
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... Act, 1940 for restraining the defendant petitioners and others; from selling and supplying the water pump 'PEDROLLA' imported from China. 2. It was the case of the plaintiff that he is the sole distributor of the Italian manufactured world famous water pump 'PEDROLLO' and upon importing ...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ......ndant No.6 there is no chance of plaintiff's suffering loss or of being affected in any respect. The case of defendant Nos. 1-4 was more or less similar to the case of defendant No.6. 5. The trial Court on consideration of the materials held that the picture of the water pump appearing on ......lso Reported in: IV ADC (2007) 934. ..Category: Intellectual Property Law | Date: | Hits: 201
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ame upon reversing the judgment and decree dated January 31, 1969 of the 1st Court of Additional Court of Subordinate Judge (now Joint District Judge) Sylhet in Title Suit Nos. 5 and 6 of 1968 so far the same relates to the plot Nos. 9, 10 and 4. 2. The trial Court by the aforesaid j......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......69 of the 1st Court of Additional Court of Subordinate Judge (now Joint District Judge) Sylhet in Title Suit Nos. 5 and 6 of 1968 so far the same relates to the plot Nos. 9, 10 and 4. 2. The trial Court by the aforesaid judgment and decree decreed the Title Suit Nos. 4, 5 and another ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Sattar Khan being dead his heirs Abul Lais Khan and others......... Petitioners (In both the cases) Vs. 1. Md. Noor..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....ngladesh Krishi Bank and the plaintiff's company respectively. The plaintiff in terms of the agreement deposited 10% of Letter of Credit margin with Bangladesh Krishi Bank, Labonchora; Branch and also opened Letter of Credit on 18.6.1985 with the Principal Office of Janata Bank, Dilkusha Commerci......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......e cans and also let out the building with machinery to one wood marchant at a monthly rent of Tk. 5,000/- and the machinery was kept uncared for and prayed for dismissal of the suit. 4. The trial Court framed necessary issues and on consideration of the evidence on record came to the find......ohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd. represented by its Managing Director, Gagan Babu Second Road, Khulna. ........Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....Ruhul Amin J. -This petition for leave to appeal is directed against the judgment dated March 13, 2004 of a Single Bench of the High Court Division in Civil Revision No. 1862 of 1991 making absolute the Rule obtained against the judgment and decree dated March 6, 1991 of the Court of Subord......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......their full sister sold 12 decimals of land to defendant No.7 on October 12, 1985, that defendant Nos. 5 and 7 on the basis of their purchase are in possession of their purchased land. 4. The trial Court considered the Ext.3, the order of the Circle Office (Revenue) dismissing the petition ......eported in: IV ADC (2007) 920. ..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....bert Ash (Northern) Ltd. v. Modern Engineering (Bristol) Ltd. [1971] 3 All E.R. 195, H.L.; Burrows v. Jemino; Ellis V. M Henry, Ballantine v. Golding; Ptter v. Brown; Odwin v. Forbes; Quelin v. Moisson; Phillips v. Eyer; Mount Albert Borough Council vs. Australasian Temperance And General Mutual ......to the situation at the time of the choice are connected with one country only, prejudice the application of the rules of law of that country which cannot be derogated from by contract, hereinafter called mandatory rules inasmuch as the mandatory rule in the instant case being Artha Rin Adal......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....against the judgment and order dated 23.02.1993 passed by the High Court Division in Writ Petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late Most. Badrunnessa, filed Settlement Case No. 450 of 1987 challengin......e Court of Settlement did not consider at all any documents including the said letter of acknowledgement of payment of lease money. 8. We have considered the submissions made at the Bar. We called for the original records of the Court of Settlement for our perusal. It appears that ex......vision resulting in releasing of the property from the list of abandoned property should be maintained. Before we part with it may be mentioned that in case of non-consideration of materials by the trial court normally the superior courts send the case on remand but in the instant case the facts ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahman, I.L.R. 41 Cal. 436; Daniel vs. Forguson (1891) 2 Ch. 27; Von Jeel vs. Hornsey (1895) 2 Ch. 774; Abu Barek Mia and others vs. A. B. M. Se......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......as a party in the case of Abu Barek Mia and others vs. A. B. M. Serajul Islam reported in 20 DLR Dacca 501. No mandatory injunction, however, was issued in that case, its facts being different. The trial Court having refused to grant temporary injunction by directing removal of brick walls and o......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....riminal Appeal No. 1195 of 2004 allowing the appeal. 2. Short facts are that on 17.01.2003 one Shah Alam Molla lodged F.I.R with Muladi Police Station, District-Barisal against 9 accused persons including the present respondent alleging, inter alia, that criminal cases filed by him again......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......th Muladi Police Station, District-Barisal against 9 accused persons including the present respondent alleging, inter alia, that criminal cases filed by him against the co-accused were pending for trial. He was put under pressure to withdraw those cases but he did not agree. As a result, the ac......ner. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by the High Court Division in Criminal Appeal No. 1195 of 2004)...Category: Criminal Law | Date: | Hits: 54
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....udge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the title of the plaintiffs in the land in suit and also allowed the relief seeking confirmation of possession. 2. The trial Court further restrai...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......uit No.120 of 1971 decreeing the same in full and thereby declared the title of the plaintiffs in the land in suit and also allowed the relief seeking confirmation of possession. 2. The trial Court further restrained the defendants permanently from entering into the land in suit. It ......eme Court Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Amal Krishna Chakrabarty being dead his heirs: Kali Das Chakrabarty and others ……………..Petitioners Vs. Sekendar Mallik b..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....d the entire land of suit plot No. 2719 and half portion of suit plot No. 2718 and Jabbar Ali possessed the remaining half portion of the above suit plot No. 2718; Amjad Ali died leaving behind two sons, Wahid Ali and Rawsan Ali; Wahid Ali transferred 34 ½ decimals of land in favour of Ali......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......elief and that the provision of section 47 of Registration Act is misconceived because Dud Mia was not entitled to transfer the properties belonging to his sisters. 6. As it appears the trial Court dismissed the suit holding that the plaintiffs purchased 60½ decimals of la......d in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
.... Md. Tafazzul Islam J.- This petition for leave to appeal arises out of the judgment dated 18.7.2004 of the High Court Division in Civil Revision No. 4555 of 2002 making the Rule absolute which was obtained against the judgment and decree dated 15.1.2001 of the learned Subordina......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......aving failed to prove that the suit land is excess land of the landlord it cannot be said that the plaintiff respondent has right, title and interest in the suit land and as such the finding of the trial Court about the right and title of the plaintiff/respondent in the disputed land is not at a......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
.....1987 passed by the learned Subordinate Judge-in-Charge (now Joint District Judge), First Court, Chittagong in Other Suit No.39 of 1974 decreeing the suit. 2. Bijoy Kumar Sarbabidya, the predecessor of the petitioners, filed the above suit for declaration of title in the suit land on the averme......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......s defendants on the ground that they also are the lessees under the government and are in possession of the suit land and their prayer being also allowed, they were added as defendants. 3. The trial court, after having, decreed the suit holding as follows: “বাদী পক্ষে ...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: The petition is dismissed. Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ave filed this petition for leave to appeal impugning the judgment and order dated 24.3.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 3102 of 1994 making the Rule absolute. The above Rule arose out the judgment and decree dated 19.7.1994 passed by the learned Subo......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......s land and during the pendency of the suit there was no construction of new road and so the decision as arrived at by the High Court Division cannot be sustained in law. 4. As it appears the trial Court decreed the suit on the findings that- “Bangla……&hell...... ADC (2008) 40. ..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.....- This petition for leave to appeal has been filed against the judgment of May 4, 2005 passed by a Single Bench of the High Court Division in Civil Revision No.1227 of 1999 making the Rule absolute upon setting aside the judgment and decree dated March 21, 1999 of the 3rd Court of Addition...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......in respect of the land claimed by him but he did not get the possession, that the plaintiff has filed the suit making untrue statements and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that plaintiff has proved his prima facie title in the ......in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....are directed against the common judgment and order dated 29.08.2004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 8254 of 2002 and 4344 of 2003 making both the Rules absolute. 2. The appeals involve in all 76 respondents. These respondent as writ-petition...... in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Protection Services Project (SPPS Project), Phase-II and the impugned or......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....;Md. Ruhul Amin J. - Plaintiff obtained leave to appeal against the judgment dated February 13, 2002 of a Single Bench of the High Court Division in Civil Revision No.4173 of 1994 making the Rule absolute obtained against the judgment and decree dated September 8, 1994 of the 1st Court of Subord......entirety appears to be unusual since the admitted position is that Mohendra Kumar Nath by a registered deed disowned the plaintiff. It may be mentioned plaintiff claimed that Mohendra Kumar Nath recalled the document disowning the plaintiff on September 5, 1972, that the deed by Mohendra Kumar N......restrain on the transfer of the land in suit the said persons have rescind the agreement for sale, that plaintiffs suit being a frivolous one the same is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is quite maintainable and not b...... ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....les of law relating to judicial review of an order of preventive detention, it was observed in the impugned judgment: "A morbid view of the law as quoted above will be clear to any discerning person acquainted with the development of the law. It must be made clear that the law which we have dec......ing to him it would be merely an academic exercise. 13. He further submits that consistent view of this court is that for academic purpose only a constitutional point shall not be decided unless called upon to decide the question on merit and as such according to him this court on principle s......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......l Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh represented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman …………………………..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....e People’s Republic of Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Division in Criminal Miscellaneous Case No. 3880 of 2003 making the Rule absolute quashing the impugned proceeding of Metro, Special Case No.5 of 2000 arising out of GR. No. ......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......ur police station cases were started whereupon the investigating agency submitted charge sheet against the accused respondent along with others and ultimately the case records have been sent to the trial Court for trial. 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appeari......……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner..Category: Criminal Law | Date: | Hits: 62
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