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Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......No. 5075365 dated 9-9-1993, which is the disputed cheque, for Taka 65,763.00 was issued for payment of salary to the teachers and staff of the School for July, August, September, 1993 and purchase of question papers etc., cheque No. 5075366 dated 4-10-1993 for Taka 4,800 was issued for arrears pay t..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......ent and order dated 03.1.1998 allowed the appeal holding as follows: "It appears from this provision that this has not override any law of the country, this is in addition to the normal law of the land. We have already found that the mark of the objector-respondent was not in well-known use in th...... DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C......able in view of Articles 2 and 6 of the Paris Convention for the Protection of Industrial Property, 1883 which was ratified and adopted by Bangladesh on March 03, 1991." 3. He further submits that question of application of section 6 of the Paris Convention was agitated before the High Court Divi..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
.... on 21.4.1978 before the Sub-Divisional officer, Cox's Bazar alleging, inter alia, that they auction purchased the case land in Certificate Case No.1767 of 1960-1961 and the ever since they are in possession. Some portion of the case land is agricultural laud and some portion is salt bed. T......arty filed an application under section 144 of the Code of Criminal Procedure on 21.4.1978 before the Sub-Divisional officer, Cox's Bazar alleging, inter alia, that they auction purchased the case land in Certificate Case No.1767 of 1960-1961 and the ever since they are in possession. Some porti......nds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ...... and the Court concerned. 6. The Appellate Division held that the High Court Division on mere assertion of the two parties without reference to any evidence found that the property in question are common properties and that the auction was not for benefit of all concerned and since ..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610............................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Invol......n appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the trial and the appellate stage turned on the question as to whether the conviction of the respondent in a Martial Law Court would justify a Depar..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... Abdur Razzaque………………………Respondent Judgment November 19, 1996. Lawyers Involved: M. A Tariq, Advocate, instructed by Sharifuddin Chkalader, Advocate-on-Record-For the Appellants. Md. Aftab Hossa......rocedures, 1977 which provides, amongst other things that the order of dismissal thereunder shall remain valid unless the order itself is declared void by a Court. 7. In order to decide the question raised before us it is necessary to refer to the relevant provisions of ordinance No. V of..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....ingle bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of lan......rial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to ...... Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the ......: the suit land was not identifiable and therefore the plaintiffs could not prove their title and possession in the suit land. 8. The plaintiffs thereafter presented this appeal. The precise question on which leave was granted is whether the High Court Division had acted beyond its jurisd..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......fault on March 30, 1991. 2. Defendant-respondents on March 6, 1984 got an ex parte decree in Title Suit No. 784 of 1978 against the appellant, of declaration of their title to 41 decimals of land of Plot No.459, within Mouza Meradia, Dhaka city. 3. The appellant then instituted Tit...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case ...... 8. Mr. M. A. Wahab Miah, learned Advocate appearing for the defendant-respondents on the other hand submits that the Government-appellant has little to gain of restoration of the title suit in question, in view of the fact that the respondents filed Title Suit No.787 of 1978 on December 14, ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....also the oral evidence of the witnesses adduced by the parties. On consideration of the oral evidence the trial court found further that defendant Nos. 6 (ka) – 6 (uma) and defendant No.7 were in possession of the suit property by virtue of the aforesaid deeds of reconveyance and the deeds of sa......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......r Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranjit Sarker and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. Result: The appeal is allowed. Lawyers Invo......h Court Division which, by the impugned judgment, reversed the decision of the trial court and decreed the suit in part allowing preemption. 5. In terms of the leave granted by this Court the only question involved in the appeal is whether the judgement of the High Court Division is a proper judg..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ............Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Director and Chairman, National Bank of Pakistan and others Vs. Ataul Haque 17 DLR (SC) 74; Foi......ion, in Writ Petition No. 683 of 1989). Judgment Mohammad Abdur Rouf J.– The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Division dated ..Category: Others | Date: | Hits: 224
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....a gift of the said property to her in Karachi on 20-6-70 on the occasion of her birthday and the said deed of gift was registered in Karachi on 23-6-70. The father of the writ petitioner delivered possession of the case property to her and she took actual physical possession of the case property......erty is not an abandoned property. The writ petitioner was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed executed on the 23th May, 1960 and regist......…….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Advocate-on-Record – For the appellant. Rafique-ul Huq, Seni......dgment and Order dated 28-3-88 dismissed the case on two grounds, first, there being no acceptance of the physical possession of the building by the writ petitioner on the basis of the gift in question there was no valid gift, the writ petitioner did not acquire any right, title and interes..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......g the application under Section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor filed the case on 4.8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77.......esent: ATM Afzal CJ Latifur Rahman J AM Mahamudur Rahman J Indrajit Kundu and others.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1......-emption case. 5. From the materials on record it is found that the pre-emptor on 22.4.78 filed some interrogatories before the trial court requiring respondent No.1 to answer some specific questions in the matter of deed of reconveyance dated 18.2.78. After taking several adjournments th..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....rily rejecting the writ petition. 2. In the said writ petition the appellants prayed for a Rule Nisi upon the respondents to show cause as to why they shall not be directed to make over possession of the Moon Cinema Hall at 11, Wiseghat, Dhaka to the appellants pursuant to the Gazette......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ...... (2005) 553. ......position. The High Court Division by its judgment and order dated 15.6.77 made the Rule Nisi absolute declaring that the impugned notification of the respondents taking over the Cinema Hall in question as abandoned property has been made without any lawful authority and of no legal effect. T..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... is also Reported in: II ADC (2005) 548. ...... in upholding the orders of restoration of the appeals made by the learned Additional District Judge upon a wrong assumption that the appellants have no knowledge of the transfer of the appeals in question transferred from Rajshahi to Nowgaon and whether the appellate court as well as the High C..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....tire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the other hand, claims that there was an ami......decree dated 30 June 1986 of the Munsif, Sixth Court, Dhaka in Title Suit No. 399 of 1994). 2. It is agreed by both the plaintiffs and the defendant that Banizan Bibi was the original owner of the land described in schedule 'A' to the plaint comprising of 11 acre. She sold the same to one Sheikh ......manatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the......ent so as to suffer from the principle of estoppel and whether the High Court Division was justified in interfering with the concurrent findings of fact of the first two courts below. 8. The other question that came up is whether in the absence of any case made out by the plaintiffs of dispossess..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......tance of Md. Jahangir Alam (Selim) writ-respondent No. 4, a candidate for election for the post of Chairman of No. 9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Wri..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. .......1996 under Sections 341/114/302/34 of Penal Code was started. 3. One Sub-inspector of police of Raipura Thana investigated the case and prepared sketch map and index specifying the vacant land of Most. Fatikernnesa as the place of occurrence, sent the dead body of deceased Ruhul Amin to......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....om the Court of District Delegate Judge, Dhaka in Succession Certificate Case No. 365 of 1985; Md. Hanif, who drew pension money from the exchequer of the Government upto 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......r as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ...... heirs failed to rebut the presumption regarding the abandoned character of the above house. In the meantime Alima Khatoon died. 3. Leave was granted on the submissions that the property in question was allotted to Md. Hanif, predecessor of the petitioners, who was a Government servant an..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....9.1993 and that on receipt of the advance money of Tk. 3,80,000/- out of the fixed consideration amount of Tk. 4,55,000/- the defendant No.1 after execution of the agreement for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the bala......ts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the pet......ed in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ...... the Agriculture Department. Subsequently, the house was occupied by the Regional Director of Agriculture Department for the last 5/6 years. In the meantime, process of acquisition of the property in question was started in L.A. Case No. 33 of 1965-66 and the same is still pending for acquisition. T..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza withi......fur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
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