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Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
..... He died leaving his 2nd wife and 3 daughters, that Golam Ali had a son by name Baksha who predeceased his father leaving 2 daughters, that Golam Ali's 1st wife having died he married for the 2nd time whose name was Sukhi Bibi who had a son by name Hanif by her 1st husband. Hanif was reared by...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ..Category: Property Law | Date: | Hits: 19
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....d in 1973 but the suit was filed in 1997 and during this long period the plaintiff petitioner did not produce the so called deed of gift anywhere nor disclosed the existence of the said deed at any time and thus the said deed did not see the light of the day and that the lower appellate court bei...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....s. Thereafter, in the year 2000, on prayer of the petitioner his licence was 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 af......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. ..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....r issuing any notice upon them, the plaintiff No. 1 claimed portion of the suit lands on the basis of her life estate and if her claim is accepted then how her son, plaintiff No. 2, during her life time can get the land as per provisions of the Hindu Law. The plaintiffs then moved the High Court...... 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. ..Category: Property Law | Date: | Hits: 67
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... was the case of the plaintiff that he is the sole distributor of the Italian manufactured world famous water pump 'PEDROLLO' and upon importing from Italy marketing the same sufficiently for long time, that ‘TEDROLLO' has been regisered as the Trade Mark in Bangladesh in the ye...... 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. ..Category: Intellectual Property Law | Date: | Hits: 201
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....4, 329, 313/12, 325 and 332. 6. The suit was filed stating, inter alia, that the land in suit originally appertained to Elam Patta No. 12 and now is of patta No.1, that the land at the time of settlement in 1923-24 was Patit land, that proforma defendant Nos. 14 and 15 acquired 4 ann......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. ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....lkusha Commercial Area. In terms of the first agreement it was decided that a compressor would be supplied to the plaintiff and as there were some mistakes committed by the Krishi Bank at the time of opening of the Letter of Credit the machinery had not been reached and the Letter of Credit......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. ..Category: Civil Law | Date: | Hits: 103
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
..... 2. The case of the writ petitioner in Writ Petition No. 2301 of 1992, in short, is that the High Court Division passed an order of injunction on 28.06.1992 and the order was extended from time to time and was ultimately extended till disposal of the Rule restraining the writ respondents...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....ides the fact that the parties have chosen of foreign law, whether or not accompanied by the choice of the foreign tribunal, shall not, where all the other element relevant to the situation at the time of the choice are connected with one country only, prejudice the application of the rules of l......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. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....rescribed authority, the S.D.O., Sadar (South), Dhaka on 04.07.1972 and 23.02.1973 for eviction of the unauthorised occupants. The case was however 'filed' on the ground that the petition was time barred and she was asked to represent her case before the Ministry of Works. The writ pe......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....ssage, from the same vendor in 1974, have accumulated building materials for construction on their purchased plot and have been threatening the respondent with blocking the said passage. 2. At the time of institution of the suit on 28-3-65 in the 3rd Court of Munsif, Dacca, the respondent filed a......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. ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....9 = 11 BLD (AD) 96 and thus again failed to exercise a proper discretion in the matter of granting bail in a pending appeal filed against a short sentence like in the present case. 3. At the time of admitting the appeal, the prayer for bail and stay of realisation of fine was refused on 2......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....dingly, the High Court Division held that a witness once narrated the occurrence without implicating the respondent with the offence in any manner can not be permitted to depose for the second time in the same case with a view to implicating the self same accused and thereby play double sta......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. ..Category: Criminal Law | Date: | Hits: 54
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ts advertised. The respondent's applications were scrutinized and it was in the process of sending the interview cards to the eligible applicants including the petitioners and in the meantime, the petitioners with malafide intention to subvert the process of appointment file......ed 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) 58. ..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....and so they, not being in possession of the suit land physically, were not in a position to deliver possession of the same to Ayub Ali, the predecessor-in-interest of defendant Nos. 1-3 at the time of the alleged sale and so the defendants therefore did not get possession in the suit plots a......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. ..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....correction of record of right by Sahera Khatoon in which the respondent was made a party and notice of the said case was duly served upon the respondent but the respondent not being present at the time of hearing of the case on 4.3.1975, an ex parte order was passed for correction of the record ......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. ..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....ayment of rent to the municipality immediately after the agreement though in the plaint it was stated that the title deeds and khatians were handed over by the original owners to the plaintiff at the time of execution of the agreement of sale and delivery of possession but no such document or khat......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. ..Category: Property Law | Date: | Hits: 39
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....for implementation of Phase-I of the Project for the period from July 1991 of 30th June, 2002 and they were appointed in Phase-I of the Project absolutely on temporary and contract basis. Sometimes infrastructure along with the manpower of a Development Project is transferred to revenue bud......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. ..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
.... on September 5, 1972, that the deed by Mohendra Kumar Nath disowning the plaintiff was of August 8, 1972, that story of deed of agreement claimed to be of November 9.1972. earlier in point of time to the execution of the deed of gift has been brought into existence for ulterior purpose......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
.... to save the situation, most probably honestly, but the law, i.e. Section 3 of the Act was not saved, it became a casualty. The action of the Government taken in an extra-ordinary situation at that time might have been justified on the doctrine of necessity but it would never qualify as a legal de......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. ..Category: Procedural Law | Date: | Hits: 107