Search Options
Judgment Advanced Search
Displaying 4901-4920 of 7133 results.
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. ...... Court Division upon corÂrect assessment of the legal position and materials on record 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. ......y 14, 2010. Lawyers Involved: Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 131 of 2009. (From the judgment and order dated 18.11.2007 passed by the High C......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)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......BISCO being misled by the similarity in sounds and as such this is no ground to review our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......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. ......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. ......Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is disÂmissed. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Attorney, Attorney General, Ekramul Hoque, Assistant Attorney Genera...... 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)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ...... others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent Judgment January 18, 2010. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Nuru...... 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)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......9) Not represented-Respondent Nos. 1, 5 and 6 (In Civil Petition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by t......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)
....l authority and was of no legal effect. The learned Judges of the High Court Division discharges the rule without considering this point resultÂing in an error in the decision occasioning failure of justice. He lastly submits that the learned Judge of the High Court Division in their impugned judgm......ecated to the bank there was no necessity of obtainÂing any prior order of sale from the Adalat before making the sale. 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) 295....... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and othÂ......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)
....h Court Division misread and misconstrued the eviÂdence on record on the issue of service of summons and arrived at a decision resulting in an error in the impugned decision occaÂsioning failure of justice. It is further submitÂted that at the time of preparation of the plaint, the plaintiffs cou......e predecessor-in-interest of the plaintiffs, the defenÂdant No.18 and after his death, on substituÂtion plaintiffs become party defendant in the suit but they did not contest the suit. The suit was accordingly decreed ex parte on 24.9.1992 and the final decree was passed on 31.5.1994. The predeces......ment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment ......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. ...... 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. ......s. Abdul Quiyum, Senior Advocate, instructÂed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by the High C...... 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. ......t the partition was complete. Dr. M. Zahir then submits that a partition suit is not maintainable because the ejmali properties of co-sharers was not brought to hotchpotch and the High Court Division accordingly committed gross error in decreeing the suit. Mr. Abul Kashem, the learned Advocate-on-re......e Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the High Court D......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
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....wed by the Appellate Division. 11. Mr. Shaha next submits that the Appellate Division is empowered to review its judgment and order under Article 105 of the constitution and for doing complete justice the order dated 6.11.2008 may be allowed under Article 104 of the constitution of the People......ssive devolution the suit land devolved upon the plaintiff, who posÂsessed the same but the same was wrongÂly recorded in the name of the defendants who threatened to dispossess the plaintiff and accordingly instituted the suit. 4. The defendant contested the suit by filÂing a written st...... 3. The petitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession thereÂin and if found out of possession, then recov......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....titions For Leave To Appeal would have been otherwise and Pre-emptee-Petitioner would have been graced with favourable verdict and, as such, impugned Judgment may kindly be reviewed to secure ends of justice. 11. We have heard Mr. A. K. Badrul Huq, the learned Senior Advocate appearing for the pe......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and others...........Respondents ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......e. The Court shall decide the question of the recovery of possession by the plaintiff, and the ancillary question of adverse posÂsession of the defendant, if, so raised." 19. The Courts below accordingly decided the issue in favour of the plaintiff on assessment of the evidence on record, an......58 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaraÂtion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be ...... 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
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......under section 54 of the Code, arrests a person without warrant with a view to give detention under section 3 of the Special Powers Act, 1974. Such arrest without warrant under section 54 of the Code, according to him, is totally unwarranted. He has submitted that arrest of a person under section 54 ......& 102
The Special Powers Act, 1974 (XIV of 1974); Section 3
The word ‘concerned’ used in the section is a vague word
By using the word ‘concerned’, a police gets unhindered power to arrest any person stating that the person arrested by him is ‘concerned’ in a cog....................................................(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)
....garding political influence can also not be brushed away and further judges being human being they have emotion and sentiment but as held in case of State vs Mitkbul Hossain, reportÂed in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiÂment have no part to pla......otion and sentiment but as held in case of State vs Mitkbul Hossain, reportÂed in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiÂment have no part to play and accordingly emotion and sentiment must not sway their findings and decision and it is desirable that......ngh vs State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 and State vs Mukbul Hossain, 26 DLR 419. Lawyers Involved: SM Abdul Mobin, Deputy Attorney-General, instructed by Md Ibrahim Khalil, Advocate-on-Record—For the Petitioner (In all ca......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)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......ate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Cou......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)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......uire distinguishable from the facts of that case. In that case the plaintiff claimed that Kali Charan purchased suit plot Nos. 25 and 27, got his name mutated in the land lords sherista and paid rent accordingly, and thereafter, he purchased from the attorney and after purchase, he constructed huts ......ffirming those dated 27th April, 1996 of the Senior Assistant Judge, Kaligonj, Jhenaidah in Title Suit No.14 of 1996 decreeing the suit and allotting saham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. ......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)
....g which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the High Court Division, an extraordinary power to be exercised in extraordinary circumstances in the interest of justice, is generally exercised where no other remedy is available for obtaining justice in the caus......nto 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 the afo......the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......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)
.... 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 no substance in this petition which is......pproach 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 no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......……………………….Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 2008. Lawyers Involved: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. ......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)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ...... Result: Leave is granted. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to......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. ......h Section 5(2) of Act II of 1947 and the learned Senior Special Judge on receipt of the inquiry report regisÂtered the petition of complaint as Special Case No. 11 of 2002 and wrote to authority for according sanction against accused S.I Emam Hossain and S.I Abdul Khair. 7. On 18.09.2002 the......on-Record-For the Petitioners. Syed Haider Ali, Advocate instructed by Syed Mahbubar Rahman and A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 2 of 2008. (From the judgment and order dated 29.10.2007 passed by the High Cou...... 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
36103609360636043603360236013600359935983597359635953593359235913590358935883587