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Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....o are heirs of proforma defendant No. 7 Jaripuddin challenge the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990, affirming the judgment and order dated 3-9-90 passed by the Subordinate Judge, Rangpur in Miscellaneous Case No. 39 of 1990 dismiss......in refusing to set aside the ex-parte decree.  The petition is dismissed.  Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..

Category: Property Law | Date: | Hits: 74

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....k rate on monthly rest till  realisation to the extent that the suit was decreed without costs for Taka 1,29,34,662.40 with interest at the rate of 5% above bank rate on monthly rest from the date of signing of the decree by the High Court Division till realisation. 2. The plaintiff......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..

Category: Business or Commercial Law | Date: | Hits: 147

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....he High Court Division observed:  “We have also gone through the certified copy of the plaint and it appears that in para 15 of the plaint, the plaintiff has shown several dates of causes of action of the present suit and the last one being dated 6-8-90. The objection......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..

Category: Property Law | Date: | Hits: 52

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....ng two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12-2-58 and 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sold out ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..

Category: Property Law | Date: | Hits: 51

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

....ition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in Writ Petition No. 1436 of 19...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....; or any other trade mark nearer or resembling the trade mark of the plaintiff- respondent which is “ORSALINE” till disposal of the suit. 2. Against the said judgment and order dated 14-11-95 the defendant-petitioners preferred FMA No.24 of 1996 and a learned Single Judge of ......ts copyright.  We do not find any ground for interference.  The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..

Category: Intellectual Property Law | Date: | Hits: 242

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....2), 9 & 13(b) The Oath of Office (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred only when the Deputy Commissioner fixes a date of taking oath within 30 days of Gazette Notification of the result and the Chairman or Members......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..

Category: Election Law | Date: | Hits: 110

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....kram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpu......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..

Category: Property Law | Date: | Hits: 83

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

....the Petitioner. Md. Nowab Ali, Advocate-on-Record-For Respondent No. 5. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 812 of 1997. (From the judgment and order dated 4th August 1997 passed by the High Court Division in Writ Petition No. 2319 of 1995). Judgm...... three Unions, which is the minimum as per clause (c) to sub-rule (1) of Rule 10 of the Rules. Section 4 of the Act runs as follows: “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licenses to such number of persons, to be calle..

Category: Employment/Service Law | Date: | Hits: 137

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....e respondent Janata Bank for recovery of taka 33,86,214.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortly before the date of final hearing (22-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..

Category: Civil Law | Date: | Hits: 137

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....n Civil Appeal Nos. 59 of 1995). Ozair Farooq, Advocate-on-Record—For the Respondents (In Civil Appeal Nos. 59 of 1995). Civil Appeal Nos. 56 to 59 of 1995. (From the judgment and order dated August 30, 1995 passed by the High Court Division, Dhaka in Writ Petition Nos.1582, 1583, 1584...... of the Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, England. She was married to respondent No. 1 Abdul Jail (in the writ petitions) on 12-7-1984 in England and the marriage was duly registered at the Registrar’s office in Rawtenstall, Hyndburn and Ressendale, co..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

...., Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appeal No. 38 of 1996.  (From the Judgment and order dated 23-2-95 passed by the High Court Division in civil revision No.577 of 1987). Judgment L......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

.... The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitat...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..

Category: Procedural Law | Date: | Hits: 154

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....ecord— For the Appellant. SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. Civil Appeal No. 41 of 1996. (From the judgment and order dated 6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). Judgmen......€¦â€¦â€¦.Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there being a marriage in law and o..

Category: Family Law | Date: | Hits: 212

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... Judgment June 26, 1997. Result: All the appeals are dismissed. The leave petitions are dismissed. The Constitution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....d by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..

Category: Procedural Law | Date: | Hits: 120

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....” For Respondent No.1. B Hossain Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2. Civil Appeal No. 96 of 1994. (From judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 310 of 1990.) Judg......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..

Category: Employment/Service Law | Date: | Hits: 145

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

....Aftab Hossain, Advocate-on-Record—For Respondent No. 2.  Not represented—Respondent Nor. 1, 3-9.  Civil Appeal No. 116 of 1999. (From the judgment and order dated 10-3-1999 passed by the High Court Division in Writ Petition No. 519 of 1999).  Ju...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ..

Category: Election Law | Date: | Hits: 109

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....d by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999). ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..

Category: Property Law | Date: | Hits: 101

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....itioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Judgment ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..

Category: Business or Commercial Law | Date: | Hits: 148