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M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....ll concerned including the writ petitioners. 10. The writ petitioners in response thereto submitted their objection dated 22.10.1991 to the Ministry of Land pointing out for the first time that the writ-respondent No.5 had their own land measuring 3.49 acres across the Dhaka-Chittag......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..

Category: Property Law | Date: | Hits: 42

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

.... trial court that said courts expressed and doubt as regard the evidence of P.W.4 and other witnesses relied upon in find­ing the convict guilty of the offence charged. 7. At the time of hearing of the appeal by this Division it could not be shown from the judgment of the High C......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..

Category: Criminal Law | Date: | Hits: 62

Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)

....point out any misreading and non-consideration of the materials on record by the appellate Court which is the final Court of fact and also by the High Court Division. It further appears that at the time of hear­ing before the High Court Division the present petitioner filed a patta before the......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..

Category: Property Law | Date: | Hits: 22

Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)

....ter submitted his report stat­ing that the medical certificates issued by Dr. Md. Muzibul Haque certifying illness of the respondent No.1 were cor­rect. The respondent No. 1 in the mean­time recovered from illness and filed an application on 16.1.1999 before the petitioner for joinin...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ..

Category: Employment/Service Law | Date: | Hits: 81

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... would get benevolent fund and group insurance benefit under the Government and Autonomous Bodies Employees Benevolent Fund and Group Insurance Ordinance, 1982 (Ordinance No. XXXIX of 1982) at one time (এককালীন). 2. The suit filed seeking relief t...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..

Category: Employment/Service Law | Date: | Hits: 82

Shabul Miah Vs. State, 2008, 37 CLC (AD)

....mant, came forward, the peti­tioner assaulted both the informant and Khutina Bibi with an axe; the persons who came there, at first, out of fear did not resist the accuseds but at one point of time they resisted the accuseds including the petitioner and snatched away their weapons whereupon ...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 986. ..

Category: Criminal Law | Date: | Hits: 39

State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

.... the date of occurrence at about 8 or 9 a.m. on 30.12.1984 infor­mant's brother Mohammad Ali together with other labourers including deceased Kalu was planting boro seedlings in Plot No.158. At this time the respondents along with several others came on the land being variously armed with lethal we...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..

Category: Criminal Law | Date: | Hits: 38

Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)

....0 p.m. along with his business partner Kamal Uddin went to attend a Milad Mahfil. After the end of Milad Mahfil, they return their home when they reached far from his house about 300 yards at that time some miscreants mentioned in the F.I.R. attacked the victim due to previous grudge and enmity ......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ..

Category: Criminal Law | Date: | Hits: 31

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

....and although Haji Siddique Ali changed the dag numbers in the kabala, he did not earn any title and possession by way of purchase on the disputed land and the plaintiff is in possession for a long time and is enjoying the suit land on which the defendants or their predecessors never had any titl...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 970. ..

Category: Property Law | Date: | Hits: 29

Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)

....ass-29 proceeded to registration. The certificate of registration of the Trade Mark “Potato Crackers" was finally signed on 17.07. 2001 by the Trade Marks Registry. 3. In the mean time the opposite party No. 2 filed an application for registration of its trade mark "Potato......t up and wrapper and Registrar shall be at liber­ty to consider the prayer for the peti­tioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..

Category: Intellectual Property Law | Date: | Hits: 306

Md. Hossain Zakir Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (AD)

....ual notice. 2. While admitting the appeal the Appellate Tribunal also provisionally condoned the delay in filing the appeal before it subject to any valid objection that may be raised at the time of hearing of the appeal. The appeal was filed against the judgment and order passed by the A......mpugned order. Accordingly, we do not find any sub­stances in the leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 964. ..

Category: Administrative Law | Date: | Hits: 99

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....tions are that the respective petitioners imported Grey Portland cement by opening of respective Letters of Credit complying with the provisions of the relevant law and requirements and that at the time of opening of the respec­tive letter of credit the Government allowed partial exemption on......no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)

....h is pend­ing for hearing. The learned Judges of the High Court Division passed an order that the application for addition of party would be kept with the record and would be considered at the time of Rule hearing of the aforesaid Civil Revision. Thereafter, the High Court Division dis­c......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ..

Category: Property Law | Date: | Hits: 26

Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)

....d that the imported merchandise is not mentioned in the 3rd schedule of the VAT Act and therefore imposition of supplemen­tary duty at the rate of 25% was illegal and without jurisdiction but at the time of hearing the petitioner has given a go by to that case as the item appears in the 3rd schedul......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....gi­nal allottee. The consideration money was paid from his own fund and with the sale proceeds of his house at Pallabi, after repaying the loan of House Building Finance Corporation and at that time also at the influence of the respondent No.1, and because of bondage of love and affection fo......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..

Category: Procedural Law | Date: | Hits: 173

Md. Shahabuddin Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd., 2007, 36 CLC (AD)

.... High Court Division but having incurred huge loss due to shortage of supply of gas and accordingly not in a position to deposit the 2nd installment of Tk. 15,00,000/- by 20.4.2003 prayed for further time but the High Court Division, rejecting the prayer for time, vacated the order of stay holding t......illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 40. ..

Category: Civil Law | Date: | Hits: 120

Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

....that the plaintiff has title in the land in suit and that the finding of the trial Court as to possession of the plaintiff in the land in suit is not based on any evidence since papers filed at the time of hearing of the injunction petition from the side of the defendants were not admitted into ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..

Category: Property Law | Date: | Hits: 25

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....ons and thereupon made the directions in the res­pective writ petitions which run as follows: "The respondents are directed to cause pay­ment of 'State Honorarium' and time to time festival allowances to the petitioner since Octo­ber, 2002 to up to date and onwa......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ..

Category: Civil Law | Date: | Hits: 126

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....nd contending, inter alia, that the 'Ka' schedule land belonged to Wazed and Faizuddin and they mortgaged the 'Ka' schedttle land to Karim, that Karim filed Money Suit No.7 of 1950 during the lifetime of Wazed and Faizuddin since money borrowed was not paid by them and obtained decree, that the......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....nsfer heard and allowed the appeal by his judgment and decree dated 11-2-1997 dismissing the suit by setting aside the judgment and decree passed by the trial Court on the grounds that the suit was time-barred as it was not filed within the period of limitation from the date when the auction-sale......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..

Category: Property Law | Date: | Hits: 42