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State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ...... Md. Wazed Ali & another…….......Respondents Judgment August 7, 2008. Lawyers Involved: Abdur Rouf Mia, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Crimina...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..

Category: Criminal Law | Date: | Hits: 38

Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)

....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......nbsp;                              3. The case record ultimately came to the file of the learned Sessions Judge, Chittagong, who transferred the s......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ..

Category: Criminal Law | Date: | Hits: 31

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. ......vegetable garden also. The plaintiff and Haji Abdur Raquib were earlier possessing some portion of land under Indra Bhusan Deb and others by way of jote settlement and when the property was wrongly recorded in the name of the earlier joteder, the plaintiff and Haji Abdur Raquib on 06.01.1961 file...... 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. ..

Category: Property Law | Date: | Hits: 29

Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)

....rk "Potato Crackers" since 1986 and by expending huge amount of money for advertising the mark it has become the most popular brand in the country and the petitioner being allured by the goodwill and reputation of the respondent-appellant's mark subsequently adopted the words "Pot......rs filed this petition for leave to appeal. 11. We have heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. It appears that the High Court Division held:  "If the name......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. ..

Category: Intellectual Property Law | Date: | Hits: 306

Abdul Karim alias M.A. Karim Vs. Nurun Nabi Mullah and others, 2006, 35 CLC (AD)

....r review in no way can be considered ground of review. Accordingly the petition for review is dismissed having no merit. Ed. This Case is also Reported in: V ADC (2008) 966. ......n Nabi Mullah and others ........Respondent Judgment November 29, 2006. Lawyers Involved: Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Civil Review Petition ......r review in no way can be considered ground of review. Accordingly the petition for review is dismissed having no merit. Ed. This Case is also Reported in: V ADC (2008) 966. ..

Category: Property Law | Date: | Hits: 34

Md. Hossain Zakir Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (AD)

....mpugned order. Accordingly, we do not find any sub­stances in the leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 964. ......mpugned order. Accordingly, we do not find any sub­stances in the leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 964. ......mpugned order. Accordingly, we do not find any sub­stances in the leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 964. ..

Category: Administrative Law | Date: | Hits: 99

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....Section 19 of the Customs Act provides that exemption one granted cannot be withdrawn or modified. It appears that Section 25 of the Customs Act provides for assessment of the value of the imported goods and Section 30 of the Customs Act provides for the date on which the rate of duty to be impos......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. ......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. ..

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. ......elease 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 assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This......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. ..

Category: Property Law | Date: | Hits: 21

Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)

.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......oth the parties rightly held that the appellant failed to make out a case of requirement. He also argued that the finding of the learned Single Judge is based on proper appreciation of materials on record and as such there is no question of failure if justice. 7. We have heard the learned ...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..

Category: Property Law | Date: | Hits: 32

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

.... 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: V ADC (2008) 952. ......okbul Hossain died leaving 6(six) sons, defen­dant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherit­ed the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain in new plot No. 5333 under the D.P. Khatian No. In the alleg...... 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: V ADC (2008) 952. ..

Category: Property Law | Date: | Hits: 24

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. ......e plaintiffs have got no title and possession and therefore the suit is liable to be dis­missed with costs. 4. The trial Court upon examining both oral and documentary evidence on record decreed the suit against which, the defendant-petitioners preferred an appeal being Title Ap......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. ..

Category: Property Law | Date: | Hits: 26

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ......urendra Chandra. The defendant No. 2, Taruni Chandra and Ramesh Chandra. Ramesh Chandra died leaving behind his brother Surandra Chandra and Taruni Chandra as his heirs. The anoth­er co-sharer, recorded tenant Ramesh Chandra also died leaving behind his son Manoj Kumar Das, the defendant No.3......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ..

Category: Property Law | Date: | Hits: 23

Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)

....of Credit on 19.01.2000 for 10.000 metric tons 'Seven Ring' Grey Portland Cement of Indonesia origin at the rate of US$ 41.00 per metric ton as per invoice dated 30.04.2000. The H.S. Code of the said goods is 2523.29. When the petitioner opened the letter of credit in question SRO No.125 dated 10.06......Commissioner of Customs and others …………….....Respondents Judgment November 14, 2007. Result: The petition is dismissed. Lawyers Involved: Mrs. Mahmuda Begum, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal......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. ..

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. ......hy;dence as found by the trial Court and that the High Court Division failed to consider that in a case of benami transaction, who makes the purchase takes all possible care to see that all public records stand in the name of the benamdar and that it becomes of very little importance when the re......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. ..

Category: Procedural Law | Date: | Hits: 173

Md. Shahabuddin Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd., 2007, 36 CLC (AD)

....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. ...... the industry and also the livelihood of large number of workers, the balance installments may be accepted. 4. As it appears the High Court Division issued Rule on the following terms:- "The records need not be called for. Let a Rule be issued calling upon the opposite parties to show c......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. ..

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. ...... 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, in short, is that Sheikh Jabbar Ali, Abed Ali and 4 others were recorded tenants in C.S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acre...... 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. ..

Category: Property Law | Date: | Hits: 26

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....ortunity to be heard was illegal being violative of the principle of natural justice and as such the judgment and order passed by the High Court Division is liable to be set aside. We find a good deal of force in the aforesaid contentions advanced by Mr.  Mahmudul Islam. The a..........Respondents Judgment July 31, 2008. Lawyers Involved: Mahmudul Islam, Senior Advocate (Sk. Md. Morshed, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-record- For the Appellants.  Rafiqul Islam, Senior Advocate, Amirul Islam, Senior Advo......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..

Category: Civil Law | Date: | Hits: 126

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. ......Advocate-on-Record for the petitioner and Chowdhury Md. Zahangir, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The vital question for consideration in the case was whether payment of dower was......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. ..

Category: Family Law | Date: | Hits: 188

Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ...... November 16, 2006. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Md. Aftab Hossain, Advocate-on-record—For the Respondent No. 1. Not represented—Respondent Nos. 2-18. Ci......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..

Category: Property Law | Date: | Hits: 25

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.  ......tions for Leave to Appeal. 12. The learned Counsel for the petitioners took us through the judgments of the High Court Division passed in the respective writ petitions and other materials on record. 13. The learned Counsel for the petitioners submitted that the authority after delib......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.  ..

Category: Civil Law | Date: | Hits: 126