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Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

.... - These petitions for review are directed against the judgment and order dated 19.04.2007 passed by this Division in Civil Appeal Nos.84-85 of 2004 allowing the appeals.   2. The facts of the case, in short, are that in all the writ petitions the respective respondents have ch......n (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Mir Sattaruddin, Md. Johirul Alam, Md. Jamal Uddin and Md. Amir Hossain........Petitioners Vs. Palli Daridra Bimochon Foundation, repres...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..

Category: Employment/Service Law | Date: | Hits: 68

General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)

....ition for leave to appeal is directed against the judgment and order dated 20th November, 2007 passed by the High Court Division in First Appeal No.86 of 1994 dismissing the appeal. 2. Short facts as placed before the High Court Division are that plaintiff instituted Title Suit No.94 of 19......p;    General Manager, Bangladesh Railway……………….Petitioner Vs. Badruddin Ahmed being dead his heirs: Most. Sajeda Begum and others....Respondents Judgment April 8, 2009. Lawyers Involved: Shahee......ial mind in the record and dismissed the suit by making out a third case. The finding of the trial Court that the plaintiff-appellant has no got title in the suit land is not based on fact and the evidences in the record. To that effect plaintiff-appellant has submitted that C.S., S.A. and R.S. ..

Category: Property Law | Date: | Hits: 27

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....ed from conduct which is inconsistent with the continuance of the right". 19. The submission made upon referring to the aforesaid part of the judgment in the reported case in the background of the facts of the instant case is hardly of any useful purpose for the respondents because of the fact th......e is also Reported in: 62 DLR (AD) (2010) 255. ...... cost of construction, the High Court Division committed error of law apparent on the face of the record in making the Rules absolute upon a view that the legal requirement can be supplanted by other evidence and as such the High Court Division was wrong in rejecting the application for review, that..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

....led of voluntary retirement scheme of Golden Handshake schemes are transferred to other viable and operating units to fill available vacancies". The High Court Division on consideration of the facts of the case as well as the law relevant on the question involving the case held: “Respo......n J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. Md. Abdur Rashid Miah and another...............Respondents Judgment May 13, 2007. Lawyers Involved:......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 61

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....de of the respondents that the writ petition is not maintainable since the question of custody will be taken care by the Family Court in Family Case No.61 of 2007 and that in the background of the facts stated by the respondent Nos. 1-3 in their affidavit-in-opposition and the supplementary affi...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Samudra Ejazul Haque and others………………….Petitioners Vs. Far......t the writ petitioner was spending his time with her old and new boy friends in restaurants and parks leaving the children in the custody of others, that respondent No.1 has also "irrefutable evidence that the petitioner established illicit relationship, with a lover whom she was meeting re..

Category: Family Law | Date: | Hits: 171

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....hout coming to any finding that the application is without substance, that the records for production whereof direction was sought on the plaintiff was very much essential to show certain material facts alleged by the plaintiff not correct. It was also contended that inspite of information to th......una Enterprise, represented by its Proprietor A. K. M. Kutubuddin Khan……………Petitioner  Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj and others………Respondents Judgment May 10, 2007. Lawyers In......lso the contention of the defendants that they had no liability for any loss or deterioration in the quality of the goods which was in the godown of the plaintiff. 4. The plaintiff adduced evidence in support of his contention but the defendants did not examine any witness and that the d..

Category: Civil Law | Date: | Hits: 91

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......also Reported in: ......1 is claiming the land appears to be doubtful, that plaintiffs failed to prove their title in the land in suit, that plaintiffs' claim of possession of the land in suit is not free from doubt since evidence led by the plaintiffs as regard their claim of possession is not sufficient, that the def..

Category: Property Law | Date: | Hits: 28

Khalil Mia and others Vs. State, 2007, 36 CLC (AD)

....ction 439 of the Code of Criminal Procedure vacating the order of Stay grant­ed earlier without hearing the Rule and directing the trial Court to conclude the trial expeditiously. 2. The facts of the case, in brief, are that one Md. Hafizur Rahman lodged F.I.R. with Gopalganj Police S......ADC (2009) 539. ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ..

Category: Criminal Law | Date: | Hits: 40

Zainul Abedin Vs. State, 2007, 36 CLC (AD)

....nd no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......to Appeal No. 256 of 2006.                         (From the judgment and order dated the 6th April, 2006 passed by the High Court Division in Criminal Miscellaneous Cas......Court and to secure the ends of justice; that the peti­tioner filed an application under Section 265(c) of the Code of Criminal Procedure before the Tribunal who without perusing the papers and evidences on records rejected the said application and without explaining the cause of framing char..

Category: Criminal Law | Date: | Hits: 52

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....to pay the licence fee on repeated request and reminder the licence was cancelled as the respondents were not liable to increase the rate of coupons, but the High Court Division on misconception of facts allowed the appeal in-part. He lastly sub­mits that the petitioners started certificate c...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… Petitioners. Vs. Md. Ferozu......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity 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) 525. ......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another…………………………….......went to India during Pakistan Regime and returned back to Bangladesh after libera­tion and it is the case of the plaintiff that they purchased the suit land by a kabala dated 9.10.1971 and the evidence of P.Ws.1 and 2, transpires the said deed has not been executed and registered by the Ram ..

Category: Property Law | Date: | Hits: 74

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....p;                                2. Short facts as placed before the High Court Division are that the plaintiff instituted Other Class Suit ......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Jabbar Sarder…........................Petitioner Vs. Assistant Custodian, Enemy Property, Pabna and others………........Respondents Judgment February 2, 2009. ......ld not prove that he acquired 16 anas share in the property by adverse possession. 9. The High Court Division further held that there was no misreading and non-consideration of the material evidence on record by the Courts below and there­fore declined to interfere with the judg­m..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....here 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) 519. ......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawy......, mutation khatian of the plaintiff, the registered deed Nos. 21401 dated 28.8.1969, 21960  dated 9.9.1969, 10516 dated 18.9.1969 in the name of the plaintiff and the trial Court after taking evidences  found that the plaintiff is the head of his separate family since before 20.2.1972 ..

Category: Property Law | Date: | Hits: 26

Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)

.... petition for leave to appeal is directed against the judgment and order dated 22.0 1.2007 passed by the High Court Division in Writ Petition No.5257 of 2005 making the Rule absolute. 2. The facts of the case are, in short, that the respondent was appointed as the Nikah Registrar for No.7......sent: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Awal…..............................Petitioner Vs. Kazi Md. Abul Basar and others........Respondents Judgment July 22, 2008. Lawyers Involved: ......o sub­stance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ..

Category: Civil Law | Date: | Hits: 99

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....ondent guilty of the charge. Thereafter the respondent received a sec­ond show cause notice on 10.3.1998 to which the respondent replied on 28.3.1994. The appellant without consid­ering the facts and circumstances of the case and the provisions of law applicable in the case most illegall......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J General Manager, Postal Insurance, Eastern Region, Dhaka and another……….Appellants Vs. A.B.M. Abu Taher……&h......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..

Category: Administrative Law | Date: | Hits: 159

Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)

....l No.31 of 1994 and affirming the judgment and order dated 08.03.1993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the pe......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Murtuza Ali and another.....................Petitioner (In both cases) Vs. Renu Bibi alias Saifu......a sin­gle judgment and order dated 14,03.1994 and set aside the judgment and order of the learned Assistant Judge holding amongst others that the pre-emption was barred as there was sufficient evidence on record showing acquiescence and estoppel of the pre-emptor in respect of the sale of th..

Category: Property Law | Date: | Hits: 24

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

.... CJ.- By this petition the petitioner seeks review of the judgment and order dated 30th May, 2007 passed in Civil Petition for Leave to Appeal No. 1354 of 2004 dismissing the same. 2. Short facts are that an application under section 46 of the Trade Marks Act, 1940 for rectification of t...... Md. Tafazzul Islam J Md. Joynul Abedin J M/S Yellow Pages (Pvt.) Ltd.............................................Petitioner Vs M/S Business Data Information Ltd. and another…...........Respondents Judgment December 4, 2008. Lawyers I......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..

Category: Intellectual Property Law | Date: | Hits: 329

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

.... jurisdiction but pray­ing wrong relief under the wrong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisi......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol......rong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer..

Category: Procedural Law | Date: | Hits: 66

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....ling the permission which was given on 28.08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the con­struction of the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. A......ate-on-Record-For the Appellant. Dr. M. Zahir, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record-For the Respondent. Civil Appeal No.138 of 2004. (From the judgment and order dated 23.01.2000 passed by the Appellate Division in Writ Petition No.1177 of 1999.) ......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

....emedy the petitioner moved the High Court Division and obtained rule. 4. In Civil Petition for Leave to Appeal No.823 of 2007 petitioners filed Writ Petition No.3771 of 2006 stating similar facts as in the aforesaid writ petition and obtained rule. Both the rules were heard and disposed o...... J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Mustanisur Rahman .............Petitioner (In Civil Petition No. 822 of 2007) Md. Kamrul Hasan and another.........Petitioner (In Civil Petition No. 823 of 2007) Vs. Bangladesh, rep...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..

Category: Employment/Service Law | Date: | Hits: 57