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Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......stant Custodian, Enemy Property, Pabna and others………........Respondents Judgment February 2, 2009. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality 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 (2009) 519. ......ed the impugned judgment and order of the High Court Division and also other connected papers. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above deci......here is no illegality 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 (2009) 519. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......vision of Section 11 of Muslim Marriage and Divorce Registration Act, 1974 and as such, the judgment and order passed by the High Court Division is contrary to the facts and other materials on record and liable to be set aside. 5. It appears that the writ-petitioner was appointed as ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....The respondent by filing the review petition merely sought for rehearing of the, matter which is not permissible in law. The contentions raised by Mr. Mahamudul Islam therefore appear to have good deal of force, we are of the view that this court upon correct assessment of the materials on ...... 4. The respondent therefore filed Administrative Tribunal Case No.47 of 1995 which was contested by the appellants. The Administrative Tribunal on consideration of the materials on record allowed the case of the respondent by its judgment and order dated 8.7.1998. Hence, the appe......overnment Servants (Discipline and Appeal) Rules, 1985 for unauthorized absence in the office. Consequently he was asked to show cause within 10(ten) days as to why he should not be dismissed from service. On receipt of the said letter, the respondent submitted his reply on 28.7.1993 explaining ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......e judgment and order dated 14,03.1994 and set aside the judgment and order of the learned Assistant Judge holding amongst others that the pre-emption was barred as there was sufficient evidence on record showing acquiescence and estoppel of the pre-emptor in respect of the sale of the case land ...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ..Category: Property Law | Date: | Hits: 24
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....usiness of the petitioner company. The Trade Mark consisting of the words "Bangladesh yellow Pages" of the opposite party No. 2 is neither distinctive nor adapted to distinguish the goods i.e. books published under the brand name "Yellow Pages" denote the type of di......and another…...........Respondents Judgment December 4, 2008. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.1......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....jurisdiction but since wrong relief was sought the suit ended unsuccessfully up to the Appellate Division and that the plaintiff proceeded with the earlier suit bonafidee with due diligence and in good faith and he under the advise of his lawyer instead of filing the suit for specific performanc...... 14 of the Limitation Act for condonation of delay consumed due to wrong advise of his lawyer. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above deci......ere is no illegality 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 (2009) 488. ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....nding upon her and she is still in service, on the averments that she, on 7.9. 1989, joined Dishari High School on 7.9.1989 as an Assistant Teacher and since then she was performing her duties with good reputation; she orally prayed for study leave for her admission to B. Ed course which was all......laintiff has asserted that she filed an application for leave to the Headmaster of the School who granted her leave subject to the approval of the Managing Committee and it does not appear from the records that the plaintiff was communicated any decision taken by the Managing Committee upon the s......ead Master/Member Secretary of Dishari High School Managing Committee suspending her from the post of Assistant Teacher is illegal, void, collusive and not binding upon her and she is still in service, on the averments that she, on 7.9. 1989, joined Dishari High School on 7.9.1989 as an Ass..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ...... to Mr. Abu Siddique and others, that land of C.S. Plot No. 361 was acquired in part and that the land measuring 25 decimals is outside the acquired part of the land of C.S. Plot No.361, that record of right was prepared in the name of Mr. Abu Siddique and others in respect of the said 25 d......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......petitioners 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 materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. ......as salary. The principal of the college wrongly recommended the names of 9 teachers for promotion leaving aside the names of these respondents. These respondents also completed 8 years of service successfully and as such they were legally entitled to get promotion to the post of Assista..Category: Employment/Service Law | Date: | Hits: 57
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there is no illegality 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 (2009) 469.......to Maherunnessa, the predecessor in interest of the plaintiff and defendant No.1; while they had been possessing the land of schedule 'Ka' and 'Kha', Delwar Sheikh died before preparation of S.A. record leaving behind wife Maherunnessa, one son Nur Rahman the defendant No.1, and one daughter Nur......ct decision and there is no illegality 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 (2009) 469...Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
....ustoms granted necessary permission. 3. Upon receipt of such permission, the writ petitioner opened a letter of credit dated 30.6.1996 for import of 6, 01,060 yards of grey fabrics. The said goods arrived at Chittagong Port under 2 bills of lading dated 1.7.1996 and 5.7.1996 but the custo......onnected 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 to interfere with the same. ...... 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) 466. ..Category: Business or Commercial Law | Date: | Hits: 163
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......em on the averments that Jagabandhu Shil was the owner of the suit land and after his death his three sons Krishna Kanta, Protap Chandra and Nishi Kanto owned the suit land in equal shares and the record of right in R.S. Khatian No.1135, shich included Plot Nos. 6550 and 6551, was also prep......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......achand Gazi mortgaged 1.98 acres of land to the plaintiff on 26.04.1943 by registered kabuliat. The plaintiff became korfa tenant under Kalachand Gazi and paid rent to him. The R.S. and S.A. record was made and finally published in the name of the plaintiff. The defendant Nos.1 & 2 fr......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......ery in question. The appellant as well could not prove that the respondent No.1 was in possession of the disputed fishery for later period beyond the lease period and in the absence of material on record could be drawn for the alleged possession simply because it was in possession of the fishery......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......-. 3. Police submitted charge sheet after investigation against the accused persons under section 148/147/447/324/326/302/379 of the Penal Code whereupon the Magistrate transferred the case records to the Court of Sessions Judge, Chuadanga wherein the case was numbered as Sessions Case N......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....m Sharif, who had disputed the possession of the land would have been the proper persons. They are cousins of Amjad and accused is their relation having no claim to the land. We, therefore, find no good reason for the Informant P.W. 1 to pin point and falsely implicate Nuru Mira as the person who......t aside his conviction and acquitted him. Leave was granted to consider whether theses two findings of the appellate Court are based on correct and proper appreciation of the evidence on record or whether these findings are perverse causing failure at justice, as contended by......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......er book out of court. 5. Mr. Chowdhury Md. Zahangir, the leaned Advocate-on-Record, for the respondents submits, inter alia, that the High Court Division on consideration of the materials on record being satisfied that there is chance of success in the appeal allowed bail and there is no ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....ause-(i) we think that the judgment, dated 6-8-92 passed by the High Court Division in Writ Petition No. 1637/90 is without jurisdiction and (ii) the decision of the Appellate Tribunal holds good unless it is set aside by the Appellate Division of the Supreme Court." 6.......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......43 of 1989. 2. Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superintendent of Customs challenged the order of her dismissal from service dated 26.8.87 by filing Administrative Tribunal Case No. 183 of 1988 before the Administrat..Category: Administrative Law | Date: | Hits: 110
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