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Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......e to live as husband and wife but failed as such she is not entitled to get maintenance but this aspect has not been considered by the High Court Division as well as the Courts below, thus erred in law in passing the impugned judgment which is liable to be set aside. 7. We have heard the l..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......vocates of the respective contesting parties dismissed the cases disallowing the pre-emption having found three out of five issues framed in the cases in favour of the petitioner in accordance of law. The learned Assistant Judge found that the cases are not barred by limitation and the story of ..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plaintiff became tenant under the Government by operation of law after acquisition of the rent receiving interest. The trial Court disbelieved the witnesses of ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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) 823. ......operly adverting to the relevant fact and evidence on record. He further submits that the finding of the High Court Division as to the unregistered deed dated 29.1.1948 suffers from serous error of law and it was contrary to the materials on record. Moreover, the High Court Division failed to add..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......cturer and merchant of the goods or Playing Cards for the Trade Marks Trade Mark "AMERICA", "USA", "DON" and "VISA" which is illegal, unjust and without any lawful authority and not permissible under the Trade Marks Act, 1940. The plaintiff has obtained in..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......op, the petitioner filed civil petition for leave to appeal. 7. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the learned Judges of the High Court Division erred in law in not considering the facts and circumstances of the case that the trial court framed the issu..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......nd non-consideration of the evidence of (sic) record" and thus the appellate Court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of jurisdiction of the High Court Division under section 115 (1..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ng that the Government in exercise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the writ petitioner. 4. The learned Counsels appea..Category: Criminal Law | Date: | Hits: 64
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. ......on the Revenue Authority found the writ-petitioners in possession of their respective case lands and accordingly the draft records of right was prepared in their respective names in accordance with law i.e. under Rule-29 of the State Acquisition Rules, 1955, (hereinafter referred to as the said R..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......ischarged as noticed earlier. 5. The High Court Division found that there was no violation of section 141 (b) of the Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial,..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......ting articles. The High Court Division concluded that the seizure list alleged to have been prepared by the B.D.R. personnel in respect of the seized articles is no seizure list in the eye of law and accordingly allowed the appeal. 6. In the facts and circumstances of the case and in..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....ular basis and Subjected to the provision of rule to and other concerned provisions, he shall be issued a permanent license of Nikah Registrar by notification in the official Gazette and that after amending section 4 of the Act on 1st December 1982 the respondents have been curtailing the ar......d in Bangladesh Gazette on 16 January, 2001, old Rule 5A was substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of com..Category: Civil Law | Date: | Hits: 100
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......the defendant No.1 suppressing all those facts and making false statements in the court obtained the said ex-parte judgment and order. As the Misc. (Pre) Case No. 21 of 1998 was barred by law the said ex-pare judgment and order is illegal and liable to be set aside. 9. It was fur..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......of stay granted earlier by the Court. Hence this leave petition. 6. Mr. Md. Nurul Amin, the learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not complying with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the H..Category: Property Law | Date: | Hits: 27
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......dul Baset Majumder, learned Counsel, appearing for the petitioner submitted that the judgment and order dated 25.10.2005 passed by the High Court Division is neither proper nor in accordance with law; that the SRO notification dated 20.10.1998 enhancing the duty on grey Portland cement from 15% ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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) 772. ......ned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration of the mater..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......00/- as salami fixing Tk.800/- as annual rent. Since the plaintiff petitioner used to live with his father and other brothers in joint mess he acquired the suit land in the banami of his brother-in-law. Mon Monohar Golder, father of the defendant Nos.1 and 2 in the suit in order to avoid any..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......e defendants who entered into a compromise, disclaiming as district kindred their claims are barred by estoppel. The learned Advocate finally submitted that the High Court Division committed error of law by holding that the claim of inheritance made by the defendant has been admitted by not denyin..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......79 in serial Nos.115 to 183 therein (Annexure-'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner respondents to be unconstitutional, void and without lawful authority and further directing the writ respondent Nos. 1-10 to follow the final gradation l..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......ct was void, illegal, ultra vires of the Constitution and of no legal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the..Category: Constitutional Law | Date: | Hits: 167
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