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Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ...... the said property was advertised for sale in auction to be held on 28.3.2006. The aforesaid respondents filed an application with a prayer for allowing them to pay the decreetal amount keeping in view or on the basis of section 47 of the said Ain but the same was rejected on the ground that sec..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......w and order situation in the Country and no body other than the Government is concerned under the situation or circumstances to maintain protect and preserve law and order situation. In view of the above and for the reasons stated in the impugned order, we do not find substance in the..Category: Constitutional Law | Date: | Hits: 114
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 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: V ADC (2008) 991. ...... 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: V ADC (2008) 991. ..Category: Employment/Service Law | Date: | Hits: 81
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ...... adjudication of the Election Tribunal Case. This finding of the High Court Division being based on correct appreciation of facts and law does not call for any interference by this court. In view of our discussions made hereinabove we find no merit in this petition. Accordingly the ..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....e Court allowed appeal and thereby dismissed the suit on the view that trial Court failed to appreciate the provision in clause (c) and clause (d) of section 23 of the Ordinance and thereupon upon erroneous view decreed the suit. The appellate Court also set aside the judgment decree of the tria......the repealed enactments would be given… … since nothing has been mentioned in the new enactment about the entitlement of the benefits by the employees under old enactments I am of the view that the plaintiffs shall get benefits as per provisions of Ordinance No. XXXIX of 1982"...Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......ther with the medical evidence on record in respect of the killing of victim Muktadir, the question of awarding the benefit of doubt to the petitioner does not arise at all. 5. We are of the view that the High Court Division, after considering all material facts available in the record ar..Category: Criminal Law | Date: | Hits: 39
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......ourts below this Court do not like to interfere with the impugned judgment as there is no illegality or impropriety in the decisions of the Courts below calling for any interference. In view of the above, we find no substance in the submissions of the learned Counsel for the petitione..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......ombay" are read in isolation, they would indeed be two different marks. But in the present case the names cannot be dissected from the overall design and get up." 13. In view of the facts and circumstances of the case we do not find any illegality in the judgment ..Category: Intellectual Property Law | Date: | Hits: 306
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......e submitted during the financial year 1998-99 arid in the meantime the notification dated 20.10.1998 modifying the rate of exemption on the duty structure has been issued and gazette. In view of Section 30 of the Customs Act the rate of duty to be levied is the rate which was prevailin..Category: Fiscal/Taxation Law | Date: | Hits: 68
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......ent namely lease deed and other connected papers before the authority. He also did not approach the Court of Settlement for release of the property from the list of abandoned property. 7. In view of discussions made above, we are of the view that the High Court Division upon correct assess..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....ing ground floor of the suit shop, it is not necessary to evict the respondent from the ground floor of the suit shop. But the learned S.C.C. Judge without considering the above aspect of the case erroneously held that the plaintiff has been able to prove bonafide requirement and the learned Sin......failure if justice. 7. We have heard the learned Counsel of both sides and considered their submissions. On perusal of the records and facts and circumstances of the case, we are of the view that the learned Single Judge of the High Court Division rightly decided the case and we ..Category: Property Law | Date: | Hits: 32
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......andra Mondal and he (plaintiff) used to posses the suit properties exclusively to the exclusion of defendant opposite-parties for more than 12 years. The defendant-opposite-party Nos.1 and 2 with a view to grab the suit properties filed a suit being Other Class Suit No. 238 of 1983 in the Court o..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....No.1 being dissatisfied preferred Title Appeal No.28 of 1985 before the learned District Judge, Bogra. On transfer, the same was heard by the learned Additional District Judge, Bogra who by taking erroneous view affirmed the judgment and decree as passed by the trial court in part, with modifica...... dissatisfied preferred Title Appeal No.28 of 1985 before the learned District Judge, Bogra. On transfer, the same was heard by the learned Additional District Judge, Bogra who by taking erroneous view affirmed the judgment and decree as passed by the trial court in part, with modification. The ..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......lized under the provision of the Customs Act and any rule framed thereunder as if it is a duty under the Customs Act. 5. The High Court Division observed that Customs Authority taking a correct view of law and facts rightly realized the Customs duty at the enhanced rate i.e. at the rate of 37...Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......ing the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate his claim. (26 and 27) Judgment of Amirul Kabir Chowdhury J. giving majority view. Cases Referred To- Imambandi Begum vs. Kumleshwari Pershad (1886) 13 1A 160; R..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......t recorded positive an order that failing to deposit any of the installments as specified in the order the Rule shall stand discharged and stay will be vacated. In the face of this order I am of this view that this court became functus officio and as such cannot accept second installment which was d..
Category: Civil Law | Date: | Hits: 120
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ....... Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 31 of 2006. (From the judgment and order dated 19.03.2006 passed by this D..Category: Property Law | Date: | Hits: 26
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ...... concluded that the husband could not prove that he made payment of dower to the wife and the finding is based on evidence. 8. In the above facts and circumstances of the case, we are of the view that the learned Counsel for the petitioner could not point out any error of law or infirmity ..Category: Family Law | Date: | Hits: 188
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......Freedom Fighters published in the official gazette and enjoyed the said right for the last 32 years without interruption or question from any corner. In the afore state of the matter, we are of the view the High Court Division was not in error in making the Rules absolute upon arriving at the fi..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....vision in revisional jurisdiction and obtained Rule. 14. The petitioners of the revisional application contending before the High Court Division that the lower appellate Court on erroneous assessment of facts and erroneous view of the law set aside the judgment and decree ......ed Rule. 14. The petitioners of the revisional application contending before the High Court Division that the lower appellate Court on erroneous assessment of facts and erroneous view of the law set aside the judgment and decree of the trial Court and t..Category: Property Law | Date: | Hits: 32
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