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Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......thus Section 95A of the S.A. & T Act, 1950 any conditional sale will be treated as usufructuary mortgage and hence the impugned judgment of the High Court Division suffers from misconÂception of law. The learned Advocate also submits that the High Court Division failed to appreciate the facts t..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived 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: VII ADC (2010) 324. ......er hearing made the rule absolute. 7. Mr. Nurul Islam Chowdhury, the learned Advocate-on-Record for the petiÂtioner-submits that the learned Single Judge of the High Court Division erred in law in making the rule in Civil Revision No.5771 of 2001 absolute in failing to consider the materia..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....in secÂtion of 10(1) and 8(a) was not adhered to by the respondent No. 2. In that case the application ought to have been refused registration. But the respondent No.2 has acted against the specific provision of secÂtion 10(1) and 8(a) of the Trade Marks Act,1940 by ordering the application No.215......der the aforesaid sections to allow the applicaÂtion to proceed to advertisement under the provision of section 10(2) on the honest and concurrent user. 8. Although the respondent No. 1 engaged a lawyer to oppose registration of the impugned trade mark No. 21508 in class-30 he left the proceedin..Category: Intellectual Property Law | Date: | Hits: 273
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ...... BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The l..Category: Others | Date: | Hits: 115
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....ent No.8 contested the rule nisi by filing an affidavit-in-opposition. Its case is that Faridpur District Minibus Owners Group is a different Trade Organization which group obtained licence under the provisions of Trade Organization Ordinance, 1961. The writ petitioner was selected as President of t...... nisi absolute and declared the impugned memo dated 11th November, 2008, appointing the writ respondent No.5, as administrator of Faridpur District Minibus Owners Group as has been passed without any lawful authority and is of no legal effect. 5. Being aggrieved by the said judgment and order..Category: Constitutional Law | Date: | Hits: 107
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....on 25.04.2008 fixing the date on 14.05.2008 for auction for selling the petitioner's allotÂted plots, standing factory building along with machineries, apparatus, laboratory equipments violating the provisions of Sections 12(3), 69 of Transfer of Property Act, 1882 and also the relevant clause of a......ause of agreement for hire purchase deed. 7. The High Court Division discharged the Rules and directed BSCIC to proceed with the auction sale of the properties in quesÂtion in accordance with law. 8. As against the order of the High Court Division the petitioner has filed these petiÂ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....nd not to sell the machinery without following proper and legal procedure of sale to fulfill malafide intention of the officer of the respondent bank. In fact respondent bank was liable to follow the provisions as laid down under section 33(1) of the Artha Rin Adalat Ain, 2003 providing for fair and......d 6.7.2008 attachÂing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be declared without lawful authority on the following averments. The writ petitioner No.1, a private limited company, ob..Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......and decree of the Courts below. 8. The plaintiffs then filed this Civil Petition for leave to appeal before the Appellate Division submitting that the High Court Division committed an error of law in holdÂing that the suit is barred under section 42 of the Specific Relief Act. It is also sub..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... auction and therefore, they are entitled to make an application under Order 21 Rule 101 of the Code of Civil Procedure for restoration of possession but the High Court Division on a misconception of law interÂfered with the judgment of the learned District Judge on the reasoning that their applica..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......e learned Senior Counsel Dr. M. Zahir for the petitioners and also Mr. Abul Kashem, Advocate on record for the respondent. Dr. M. Zahir submits that the High Court Division committed serious error of law in failing to consider the facts that Haji Bilat Ali Mondal during his life time partitioned his..Category: Property Law | Date: | Hits: 51
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....t is within its jurisÂdiction (b) the case is one in which the Court ought to exercise jurisdiction, and (c) in exercise of jurisdiction the Court has not acted illegally, that is, in breach of some provisions of law, or with material irregularity by committing some error of procedure in Course of ...... with the concurrent findings of fact. 12. The exercise of revisional jurisdiction is confined to question of jurisdiction. While in a first appeal the Court is free to decide all questions of law and fact which arise in the suit; in exercise of its revisionÂal jurisdiction the High Court Di..Category: Property Law | Date: | Hits: 20
....lice officers could not be checked. So some restrictions is much needed to make the police officers bound to exercise the power within some limits. Only interpretation of words is not sufficient, the provision itself shall be amended in such a manner that the safeguard will be found in the provision....................................................(23)
It is beyond understand how a police officer or a magistrate allowing 'remand’ can act in violation of the Constitution and provisions of other laws including this Code and can legalise the practice of 'remand'……………………………â..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd 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: 15 BLC (AD) (2010) 140. ......vs State of Punjab AIR 1970 SC 1566, the case of Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 took the view that before relying upon a dying declaration it is the duty of the Court of law to scrutiny the same beyond all reasonable doubt. Further the defense case is that the responden..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....ng an enemy property, erred in law in holding that the Government under Act XLV of 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of section 52 of the Transfer of Property Act wrongly held that the purchase of the appel......n No.159 of 1989 and the High Court Division, after hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authorÂity with the observation that the question of title and ownership and validity of the..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....son of Kalicharan and since the plaintiffs purchased in 1951, he has been paying rent, the rent receipts were excluded from considerÂation by the lower appellate Court taking the view that these are provisional receipts and that they carry little weight. The Appellate Division discarded this view a......the parties by judgment and order dated 21st June, 2005 made the rule absolute and set aside those of the Courts below. The learned Single Judge observed that both the Courts below committed error of law in failing to consider the material eviÂdence led by the defendants with regard to the cerÂtif..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....mission investigated into the matter and having allegedly found disproportionate to the appellant's known source of income was of the opinÂion that he had committed offence punishable under the said provisions of law and accordingly submitÂted a police report re-commending for prosecution of the a......igated into the matter and having allegedly found disproportionate to the appellant's known source of income was of the opinÂion that he had committed offence punishable under the said provisions of law and accordingly submitÂted a police report re-commending for prosecution of the appellant under..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......So his conviction solely based on the confessional statement of co-accused Alaich Mahmud is not mainÂtainable." We find that the approach of the High Court Division is on correct principle of law and there has been no failure of justice in acquitting Azizul Haque and others. We find n..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....soner petitioner under Section 342 of the Code of Criminal Procedure is highly defective and it is not inconformity with the mandatory requirement of law and as such non-compliance of the mandaÂtory provision of law has vitiated the trial as a whole. 19. He further submits that the High Cour......sh trial from the stage of examination under section 342 of the Code of Criminal Procedure and for disÂposal on merit in the light of the observaÂtions made in the judgment and in accorÂdance with law within 60 (sixty) working days from the receipt of the records arisÂing out of judgment and ord..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..Category: Others | Date: | Hits: 82
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......he 2nd floor and they got possession of their respective shop rooms in February, 1988.
8. Leave was granted to consider whether the learned Judges of the High Court Division committed error of law in not considering that the appellant and other affected shop keepers having been listed as the ..
Category: Property Law | Date: | Hits: 29
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