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Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....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. ......pe of "numerals" and " incorrect address" in the cartoon in packing his ceiling fans inasmuch as the petitioner has his factory at Doliarpar but printed the address of his factory as BSCIC Industrial Estate at Tongi adopting the character and style of the address of the factory of the respon­dent N..

Category: Intellectual Property Law | Date: | Hits: 211

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......laring the order as contained in Memo dated 8.1.2007 Deputy Wakf Commissioner (In Charge) appointing Shah Mohammad Hossain, the respondent No.10, as Mutawalli of Hazrat Shah Mohammad Elias (R.A) Waqf Estate, as illegal and void. 2. The respondent Nos.1 to 5 filed the above writ petition challengi..

Category: Trust/Waqf Law | Date: | Hits: 518

Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)

....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ......e property through wakf deed dated 12.3.1947 and in Title Suit No. 208 of 1968/ 23 of 1971  the suit at the instance of M. Jane Alam Dovash as Mutwalli of khan Bahadur Abdul Hoque Dovash Waqf Estate against the successors of Late Ahmed Hossain the title of the Waqf Estate was established up..

Category: Property Law | Date: | Hits: 29

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......preme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs...

Category: Property Law | Date: | Hits: 67

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..

Category: Criminal Law | Date: | Hits: 63

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ......linquished in favour of the Revenue Department to enable it to lease out the same to the petitioner’s company for setting up Jute Mills through the E.P.I.D.C.under Rule 167 of the Government Estate Manual for which Miscellaneous Case No.2 of 1962-63 was initiated. Though the lease was gran..

Category: Property Law | Date: | Hits: 25

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......enging the Memo dated 16.11.2000 under the signature of the Assistant Commissioner of Land, the respondent No.9, canceling the allotment of rehabilitation Plot No.24/2, Block E, Mohammadpur Housing Estate. 2. The petitioners of Civil Petition No.431 of 2005 filed Writ Petition No. 5756 of ..

Category: Property Law | Date: | Hits: 34

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......t­tee has any residential plot within the City Corporation and it appears that the respon­dent No.1 acquired 1250 acres of land in front of Sattar Bhaban being Plot No. 1914 of the Housing Estate, Halishahar within the City Corporation situated at the corner of the City Corporation road ..

Category: Property Law | Date: | Hits: 28

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. ...... the High Court Division in Civil Revision Nos. 3730 of 1997 and 3731 of 1997 discharging the Rule issued earlier. 2. The short fact leading to these peti­tions is that Ibrahim Shah Waqf Estate was earlier enrolled under E.G. NO. 3543 by an order dated 7.7.1981, Administrator of Waqf i..

Category: Trust/Waqf Law | Date: | Hits: 226

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....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. ......; 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, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on ..

Category: Property Law | Date: | Hits: 30

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......t land and from plant­ing any plant in the suit land and/or from in any way disturbing possession of the plaintiffs in the suit land stating, inter alia, that on 04.05.1949 the Bhawal Court of Wards Estate settled the land in schedule & to plaintiff Nos. 1-4 and pro forma defendant No. 6 on rec..

Category: Property Law | Date: | Hits: 42

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of..

Category: Tenancy Law | Date: | Hits: 149

Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)

.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..

Category: Property Law | Date: | Hits: 28

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..

Category: Property Law | Date: | Hits: 55

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......ng the limitation the time of 4 years which she spent in prosecuting another civil procee­ding in a wrong forum. 2. Respondent, Mrs. Nadera Rahman was appointed Mutwalli of the Saleha Khatun Waqf Estate bearing E.G. No.510 and 1511-A, by the Administrator of Waqf in 1964 on the recommendation of..

Category: Procedural Law | Date: | Hits: 112

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......f this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Con­troller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Go­vernor, Delhi AIR 1980 (SC) ..

Category: Constitutional Law | Date: | Hits: 149

Planters (Bangla­desh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

.... 2. Respondent No.1, Mahaluxmi Bank Limited (in liquidation) instituted Mortgage Suit No. 26 of 1960 in the 1st court of Subor­dinate Judge, Chittagong against respondent No. 2, Hill Top Tea Company Limited (in liquidation) for foreclosure of mortgage on the total claim  of Tk.6,4......quot;It however seems from the case of the defendant in the previous suit also that for amount of Rs. 4,00,000/- the defen­dant created an equitable mortgage in respect of the defendant Tea Estate in favour of the Model Bank who in its turn created a second mortgage in favour of the plai..

Category: Business or Commercial Law | Date: | Hits: 139

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

.... Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (......Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (1962..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ......hy;came the next Mutwalli namely Abdul Halim Chowdhury and he was impleaded and brought on record by way of substitution. Objection was raised that he had not been substituted as Mutwalli of wakf Estate. Be that as it may, Abdul Hamid Chowdhury died in June, 1973 and thereafter his son and heir..

Category: Trust/Waqf Law | Date: | Hits: 193