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Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
.... in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......is an abandoned property which means that the original owner was either not present in Bangladesh or his whereabouts were not known or he ceased to manage or occupy the property in question at the time when the President Order No. 16 of 1972 was promulgated, that is on 16.02.72, and this presump......t 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: ......t 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: ..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....th the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......was the former Member of parliament from Comilla-9 constituency and he is the founder of Lotus Kamal group one of the largest corporate business houses of the country. He was also elected as CIP five times from 1990 to 2001. 6. Immediately after receiving notice at Sylhet Jail Mr. Kamal sought L......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..Category: Civil Law | Date: | Hits: 125
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....e Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......5 decimals of land the plaintiff claimed a portion of it and in order to maintain their possession as such their mother purchased a portion of it on payment of some money as they are minor at that time and obtained a patta on 29.03.1940 and that they obtained a kabala and thereby purchased 9 kat......egistered deed of last dated 23.10.1944 A.D. in favour of on Rahmatullah Awrangi and said Rahmatullah Awrangi having been dispossessed the plaintiff, he filed a title suit being No. 285 of 1946 for recovery of khas possession but the said suit was dismissed for default on 18.04.1952 against whic......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....e common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......e products of the respondent from the rest of others, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile Pakistan when Bangladesh was a province of Pakistan. However, the res......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..Category: Intellectual Property Law | Date: | Hits: 231
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
.... any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......th the provisions of Rule 4 of the chapter VII of the High Court Rules for final decision. Accordingly a Full Bench was constituted. The questions as formulated by the Court referring the case at the time of hearing of the Rule are (1) whether the pecuniary jurisdiction of the District Judge under s......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... Certificate' in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the meantime, the Bangladesh Telecommunication Act, 2001 (shortly the Act) came into force on 31.01.2001 an...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ame accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ncurrent findings of fact arrived at by the courts below. Leave was granted on the following grounds: - (1)"For that from the facts disclosed in pleadings of the parties it is apparent that time began to run against the plaintiff from the date of execution of the bainapatra and since no ......on No. 1874 of 1993 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 214 of 1973 which was subsequently reÂnumbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the 3ld schedule huts standing on ......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..Category: Tenancy Law | Date: | Hits: 141
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ...... served upon the petitioner proposing dismissal from service. The petitioner submitted his reply to the second showcause notice. But he was ultimately dismissed from service with a penalty of recovery from him of Taka 1,15,000 by order dated 28-1-1995 passed by the Superintendent of Po......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......ransport and retired from service in 1989. The petitioner was granted citizenship of United Kingdom in December, 1965 and he got British Passport in 1966 as a citizen of United Kingdom. At the same time he is also a citizen of Bangladesh holding dual citizenship. The petitioner came to Bangla......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....er we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......edly signed the Letter of Guarantee, DP Note, charge documents, etc. 12. The learned Counsel lastly submits that the facts stated in the writ petition that the Bank could not file appeal in time due to wrong information of the conducting lawyer vide Annexure-"K" and the statemen......down of the petitioner's Bank and failed to pay the balance price of the goods received under Letter of Trust the petitioner filed Money Suit No. 53 of 1995 in 4th Artha Rin Adalat, Dhaka for recovery of Taka 93,63,623.50 as on 30-7-1995. 7. The respondent No. 2, proprietor of Salmon...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......in the he 'Ka' list of abandoned buildings till October, 1996 and, as such, she could not make any application for release of the same before the Court of Settlement concerned within the given time frame. The Government did not take over possession of the case property prior to its inclusion......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......g them to show cause within 10 days as to why the prayer for temporary injunction should not be allowed. 5. The defendant Nos. 2-7, 9 and 11 appeared in the suit on 13-6-2001 and prayed for time to file written objection, which was allowed and 26-6-2001 was fixed for filing written objec......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....nce in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......e judgment dated September 29,1994 of the 1st Court of Settlement, Dhaka. 3. It was the contention of the petitioner that allottee Asgar Ali was very much in Bangladesh at all material times and that he died in Bangladesh and that his name was listed in the voter list prepared at dif...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......institution advances loan to the debtor by taking mortgage of immovable property or by way of hypothecation of movable property and if power of attorney is given to the financial institution at the time of mortgaging or hypothecating the property then, instead of selling the property and adjustin......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....ame. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......ovisions of Rule 4 of the Chapter VII of the High Court Rules for final decision. Accordingly, a Full Bench was constituted. The questions as formulated by the Court referring the case at the time of hearing of the Rule are (1) whether the pecuniary jurisdiction of the District Judge under ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....rs respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ...... Kamrul Islam Juwel and two gold ear rings and Tk.130.00 from Gulam Dastagir Alias Romel. On query the accused persons could not .produce any valid papers against those arms and ammunition. At that time in presence of security officer of Bangladesh Agricultural University and other persons the a......mi, the learned Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division failed to consider that the prosecution hopelessly failed to prove the recovery of incriminating articles from control and possession of the petitioner. He further submits......o gold Bangles recovered from Kamrul Islam Juwel and two gold ear rings and Tk.130.00 from Gulam Dastagir Alias Romel. On query the accused persons could not .produce any valid papers against those arms and ammunition. At that time in presence of security officer of Bangladesh Agricultural Univer..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....ppeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ot been proved beyond reasonable doubt". 6. The P.W.1, one of the plaintiffs, while deposing in support of plaintiffs' claim of taking settlement of the land in suit stated that at the time of taking pattan Mongal Gazi, Syad Ali, Shahadat, Obaidullah and Hossain Sardar were present b......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....inbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......ification of 6th November, 1986. 2. The writ petition was filed stating, amongst others, that C.S. Plot No.1009 comprises 60 decimals of land and out of that 9 decimals of land were acquired some time in 1920 and the rest was owned and possessed by the recorded tenants namely, Sobhan Matbar and ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....he learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......he inquiry report that as a sequel to social rivalry between the parties, the complainant-respondent No. 1 lodged the case as a measure of vengeance on them after lapse of a considerable period of time. 4. Being aggrieved by such report, the complainant-respondent No.1 lodged a Narajee pe...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....eason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......interrogation the accused petitioner admitted to have in his possession a shutter gun with ammunition kept in his residential house and then he was taken to his house and he himself brought out the arms and ammunition and so a case was started against him under Section 19A and 19(f) of the Arms ..Category: Criminal Law | Date: | Hits: 24
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