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Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......this petition the petitioners seek review of the judgment and order dated 16th September, 2007 passed in Civil Petition for Leave to Appeal No. 315 of 2006 dismissing the same. 2. Short facts are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assi..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......acating the order of status quo and thereby depriving the writ petitioner from taking unlawful benefits. 5. The learned Advocate further submitted that when the very property of the lease is questionable and after due inquiry by the competent authority found to be false and on the contrary......no lease in favour of the writ-petitioner and there was no record in the office which shown lease in favour of the writ petitioner and as such the High Court Division should have on these admitted facts passed an order vacating the order of status quo and thereby depriving the writ petitioner fr..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon 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) 381. ...... Division upon 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) 381. ......r their licence/yearly lease was cancelled for violation of terms of lease agreement. 7. It is needless to mention here that licence does not create any interest. 8. Therefore, in the facts and circumstance of the case and in view of the discussion made above, we are of the view tha..Category: Property Law | Date: | Hits: 26
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......tion for leave to appeal is directed against the judgment and order dated 05.03.2006 passed by the High Court Division in Civil Revision No.344 of 1995 making the Rule absolute. 2. The facts, in short, are that the predecessor-in-interest of the opposite party No.1(a) Gulam Wahed Mo..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....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: VI ADC (2009) 373. ......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: VI ADC (2009) 373. ......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: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......ional District Judge, 1st Court, Naogaon in Title Appeal No. 292 of 1993 passed by the learned Subordinate Judge, 2nd Court, Naogaon in Other Suit No.115 of 1991 dismissing the suit. 2. The facts, in short, are that the present petitioner and others as plaintiffs instituted Other cla..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......vision of Rule 6 and 7 of the Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretio......for license to exhibit motion picture film in Capri Cinema Hall, Gaizpur, Tongi and that granting of license to the respondent No. 2 to exhibit motion picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respond..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......the appellant against the judgment and order dated 30-04-2002 passed by the learned Single Judge of the High Court Division discharging the Rule in Civil Revision No.12 of 1995. 2. The short facts are that the appellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for S..Category: Property Law | Date: | Hits: 31
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......ing the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept out of service by the order of "pay off'. 2. The facts, in short, are that the writ petitioners are citizen of Bangladesh. They were appointed by a..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......tion for leave to appeal is directed against the judgment and order 13th March, 2007 passed by the High Court Division in Civil Revision No. 3460 of 2001 discharging the Rule. 2. Short facts as placed before the High Court Division are that the plaintiff instituted Title Suit ..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......on from the appellant-petitioner of the said suit premises. On 30-5-1978 one of the employees of the respondent-opposite party No.1 informed the husband of appellant-petitioner that the property in question had been placed in the vested property list and the same would be leased out. The further......le Appeal No.64 of 1987 dismissing the Appeal of the petitioner and affirming the judgment and decree passed by the learned Assistant Judge, Narail in Title Suit No. 383 of 1978. 2. The facts, in short, are that the petitioner as a plaintiff filed Title Suit No.383 of 1978 in the..Category: Property Law | Date: | Hits: 23
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 3-4-2005 in Death Reference No. 59 of 2002 with Criminal Appeal No. 3591 of 2002. 2. The facts, in short, are that Death Reference No. 59 of 2002 was taken up for hearing with Crimina..Category: Criminal Law | Date: | Hits: 38
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... the UP Case No.691 of 1984-85 is, in fact, void ab initio, moreso, when both defendant No.25 and defendant No.27 failed to bring on record any material in support of the plea that the property in question was an enemy property; the learned Courts below have caused failure of justice by holding ......for Leave to Appeal is directed against the judgment and decree dated 29-8-2007 passed by the High Court Division in Appeal from Original Decree No.286 of 1993 dismissing the appeal. 2. The facts of the case, in short, are that the suit land belonged to Guru Doyal Chakraborty, Ram Charan ..Category: Property Law | Date: | Hits: 22
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......nd fabricated and no marriage was registered by accused No. 6 Md Manzur Hossain and he issued the fake receipt. Hence the FIR was lodged with Sutrapur PS stating the occurrence i.e. aforementioned facts. 3. Police after investigation submitted charge sheet on 14-2-2005 only against ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... have failed to appreciate that the facts and circumstances obtaining in the case leads one to the irresistible conclusion that the plaintiff petitioners are rightful co-sharers in the property in question and that their brothers defendant Nos.1-3 by collusion with defendant Nos. 4 and 5 managed......ition for leave to appeal by the plaintiff-petitioners. 7. Mr. Khurshid Alam Khan, the learned Advocate for the petitioners, submits that the Courts below have failed to appreciate that the facts and circumstances obtaining in the case leads one to the irresistible conclusion that the pla..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......No. 5075365 dated 9-9-1993, which is the disputed cheque, for Taka 65,763.00 was issued for payment of salary to the teachers and staff of the School for July, August, September, 1993 and purchase of question papers etc., cheque No. 5075366 dated 4-10-1993 for Taka 4,800 was issued for arrears pay t...... Khalequzzaman, learned Advocate-on-Record, appearing for the petitioner, submitted that the High Court Division have on misconception of law made the Rule absolute without considering the law, facts and circumstances of the case and, as such, the impugned judgment/order is liable to be set as..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......able in view of Articles 2 and 6 of the Paris Convention for the Protection of Industrial Property, 1883 which was ratified and adopted by Bangladesh on March 03, 1991." 3. He further submits that question of application of section 6 of the Paris Convention was agitated before the High Court Divi...... Additional Attorney General in the case of Ekushey Television Ltd. Vs. Dr. Chowdhury Mahmood Hasan reported in 55 DLR (AD) (2003) 26 held as under: "A case is decided on its factual matrix. When the facts materially vary, the law carefully shifts its focus. Therefore, the conspectus of facts on whi..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ...... and the Court concerned. 6. The Appellate Division held that the High Court Division on mere assertion of the two parties without reference to any evidence found that the property in question are common properties and that the auction was not for benefit of all concerned and since ......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......n appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the trial and the appellate stage turned on the question as to whether the conviction of the respondent in a Martial Law Court would justify a Depar......ed Deputy Attorney General has pressed the First submission as above and modified his second submission by urging that the aforesaid decision in Monoranjan Mukharjee's case was wrongly applied in the facts of the instant case resulting in a miscarriage of justice. 9. As far as the first submissio..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......rocedures, 1977 which provides, amongst other things that the order of dismissal thereunder shall remain valid unless the order itself is declared void by a Court. 7. In order to decide the question raised before us it is necessary to refer to the relevant provisions of ordinance No. V of......is reinstatement in service. 6. The core point for consideration in this appeal therefore lies in a narrow compass, viz. whether section 3(3) of the said ordinance was attracted to the facts of the case. Mr. M. A Tariq, learned Advocate for the appellants submits that Ordinanc..Category: Employment/Service Law | Date: | Hits: 97
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