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Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....18 of 1988 decreeing the suit. 2. Facts, in brief are that the respondent No. 1 filed the above Title Suit No. 18 of 1988 for specific performance of contract on the averments that the suit property belonged to the defendant petitioners and the respondent No.3 (the proforma defendant...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Zakir Khondakar and others.............Petitioners Vs. Bimal Kumar Kunda and others ......Respondents......on money and though their case is that at the time of execution of the bainanama, as earnest money, they received only Tk. 50,000/- and not Tk. 1,50,000/- and the figure ‘1’ has been illegally inserted in the bainanama before the figure '50,000' but the petitioners measurably failed ..Category: Property Law | Date: | Hits: 26
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....orded in the S.A. Khatian and that during 1965 war between India and Pakistan the aforesaid S.A. recorded owners left the country for India and the suit land was declared and treated as enemy property (now vested property). The suit land was leased out to one Abdul Baten in E.P. Case No.210......heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by......ditional Court, Dhaka for declaration that the judgment and decree dated 05.06.1980 passed in Title Suit No. 346 of 1977 by the 1st Court of Subordinate Judge(now Joint District Judge), Dhaka is illegal, void and not binding upon the plaintiff stating, inter alia, that the suit land originally b..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....ereon. Abdul Aziz Tapadar, father of the plaintiff was allowed to run a shop on the schedule-I land and subsequently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had no right, title, interest and possession in the suit land. ...... Md. Joynul Abedin J Md. Hassan Ameen J Md. Hashmat Ullah Tapadar ...........................................Appellant Vs. Md. Basel Khan @ Haji Abdul Baset Khan and others........Respondents Judgment February 3, 2008. Lawyers Involved: ......ring for the petitioners has, however, submitted with reference to Order 1 Rule 1 of Code of Civil Procedure as to the persons to be impleaded as the plaintiff or defendant in the suit and the legal infirmity for impleading the necessary party regarding the suit for non-joinder or mis-joind..Category: Property Law | Date: | Hits: 22
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....evealed in the leave petition, in short, are that the plaintiffs filed Title Suit No.421 of 1975 in the 2nd Court of the learned Assistant Judge, Satkhira for declaration of title to the suit properly and permanent injunction against the defendant respondent Nos. 1 to 3 stating, inter ...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Murari Mohan Sarder and others...................Petitioners Vs. The Government of the People's Republic ......y;laration of title to the suit properly and permanent injunction against the defendant respondent Nos. 1 to 3 stating, inter alia, that the declaration of the property as enemy property is illegal, void and not binding upon them and that the suit property belonged to Balai Sardar and ..Category: Property Law | Date: | Hits: 24
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. Rajab Ali Pramanik and other......ppellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. ..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....se of the defendants that since the deed of gift of the year 1944 Moheshkhali High School is in possession of the suit land. 6. Accordingly we are of the view that the High Court Division on proper appreciation of the materials on record arrived at a correct decision and there is no c......d: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 passed by the High Court Division in Civil Revision No. 2100 of ......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ..Category: Property Law | Date: | Hits: 29
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment May 15, 2005. Lawyers Involved: ...... have produced more CGI and GP sheets from out of the raw materials and thus the alleged evasion was based on a hypothetical basis and not on actual basis and as such the said allegation is illegal and has no basis in law. 7. We have heard Dr. Kamal Hossain and Mr. Mahmudul Islam the..Category: Fiscal/Taxation Law | Date: | Hits: 83
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ...... Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment ......hout paying VAT and on the basis of report so received by the writ respondent No.2 show cause notice was issued to the writ petitioner on January 7, 1996 stating that the petitioner received illegally rebate of Tk.10,77,381.00 and did not pay Tk.1,41,83,583.00 as VAT, that in the show cause ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
....ly decreed by the judgment and decree dated 8.6.1995. Thereafter the decree-holder bank put that decree into execution in Money Execution Case No. 283 of 2005. In that execution case the mortgaged property was tried to be sold in auction as per provision of Artha Rin Adalat Ain, 2003 but it coul......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sk. Mohiuddin………............................Petitioner Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka and others………Respondents Judgment ......eard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason t..Category: Civil Law | Date: | Hits: 94
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....79, D.P. Khatian (Field Parcha) No. 3757 D.P. and D.P. Dag No. 12831, 12832, 12833, 12834, 12835, 12836 and 12837 under P.S. Kotwali, present P.S. Lalbagh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, list......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Government of Bangladesh, represented by  the   Secretary, Ministry  of  Land,Bangladesh Secretariat, Eden Building, Dhaka and others..................Petitioners. Vs. ......esent P.S. Lalbagh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petit..Category: Property Law | Date: | Hits: 33
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....the High Court Division has not applied judicial mind that the lower appellate Court has not given any reason whatsoever for reversing the judgment of the trial Court and such judgment being not a proper judgment of reversal to the serious prejudice of the petitioners occasioning a failure of ju...... (2008) 329; 61 DLR (AD) (2009) 8. ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....bsolute. 2. The plaintiffs instituted Title Suit No. 254 of 1984 in the Court of Assistant Judge, Beanibazar, Sylhet for declaration of their title and confirmation of possession in the suit property and also for permanent injunction stating, inter alia, that the suit land originally belo......cted by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 874 of 2006. (From the judgment and order dated 19.04.2006 passed by the High Court Division in Civil Revision N...... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md...Category: Property Law | Date: | Hits: 30
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J M/S. Uttara Steel Corporation Limited and another..............Petitioners Vs. The Learned Judge, Artha Rin Adalat and oth...... industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest although the loan is a loan of simple interest. Moreover, the respondent bank illegally adjusted the entire repaid amount in the interest component although they should adjust the..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....which shows absence of good faith and when any action is actuated not by good faith but otherwise, the same must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The lea.................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ......laration that the Memo dated 12.10.1994 cancelling the lease of the suit plot which was allotted to him and the Memo dated 29.10.1994 allotting the suit plot to the defendant No.7 petitioner are illegal, collusive, malafide and those are not binding upon him on the averments that the Ministry of..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....fect that the appellate Court below on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences on record in its proper perspective and came to an erroneous finding that the Appellate Court below reversed the judg......ul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. So, the subsequent steps taken under Section 33(4) of the Artha Rin Adalat Ain, 2003 was illegal. Further the valuation of the mortgaged properties has been assessed at a shockingly low rate. The plaintiff bank assessed the valuation at...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Korea Bangladesh Food Products Limited ............Petitioner Vs. National Bank Limited and others .............Respondents Judgment February 7, 2008. Lawyers Involved......-debtor claimed that no notice under Section 33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. So, the subsequent steps taken under Section 33(4) of the Artha Rin Adalat Ain, 2003 was illegal. Further the valuation of the mortgaged properties has been assessed at a shockingly low rate..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......late Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Nizamuddin Mahmood……….........................Appellant Vs. Abdul Hamid Bhuiyan and another..............Respondents Judgment June 17, 2008. Result: The appeal is allo...... appearing for the petitioner submitted that the finding of this Court to the effect that in view of the non disclosure of the date as to receipt of notice by the accused and failure to menÂtion any legal cause of action in the petition of comÂplaint the proceeding cannot be allowed to continue is..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....without trial for an indefinite period and it is a fundamental right of an under-trial prisoner to get speedy trial and that the Act XXVIII of 2002 providing for speedy trial by Tribunal is legal and proper; that sections 5 and 6 of the Act XXVIII of 2002 having been challÂenged in writ jurisdictio......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â......ed in Gazette dated 5th February 2003 published by the respondents at the instance of present ruling party ignoring and disÂregarding the provisions of the Constitution, PetiÂtioners are facing the legal consequences of the case by way effacing the trial and enjoying the privilege of bail but resp..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....tained distinctiveness and has become distinctive of the products manufactured and marketed by the respondent No.1 under the aforesaid trade mark 'Diploma'. The trade mark connotes and denotes the property of the respondent alone and none else, hi fact, the trade mark 'Diploma' has become integr......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade ......t was stated that Mr. Nurul Islam, Proprietor of Sanowara Corporation, executed the said User Agreement dated 1st July, 1991 as a representative of the 'User' i.e. appellant. With a view to seeking legal protection of the mark adopted by the respondent, for the first time in Bangladesh, they..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......so Reported in: 60 DLR (AD) (2008) 152. ......tion of the mind and non-consideration of the case of each individual petitioner on merit by its authority concerned before the service of the petitioners was terminated. The orders are, therefore, illegal…….....(17) It is true that the employer has the authority to terminate the employment ..Category: Employment/Service Law | Date: | Hits: 105
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