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A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ...... impugned judgment and order of the High Court Division and other papers on record. 28. It appears that the main contention of the petitioner and others before the High Court Division was that in view of Section 6A of the Criminal Law Amendment Act, 1958 and EP Rules 2007, after expiry of the sp..

Category: Civil Law | Date: | Hits: 125

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......against the claim of the plaintiff of the suit vide exhibit 2 was not at all available in the facts and circumstances of the present case. In the facts and circumstances of the case and in view of the discussion above, we could not persuade ourselves to differ with the learned Single Jud..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)

....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......ved. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..

Category: Intellectual Property Law | Date: | Hits: 231

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......ate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. A. A Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 90 of 2007. (From the judgment dated 15.05.2007 passed by the High Court D..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ...... the maintainability of revisional application before the District Judge against the order passed by the Joint District Judge in a suit the valuation of which is Tk.377,61,225/- and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Ju..

Category: Limitation Law | Date: | Hits: 171

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......disposing of their application dated 13.02.2002. Then on 14.01.2004 the JTV filed a contempt petition in the Appellate Division. The Commission moved a petition before the Appellate Division for review of the judgment and order dated 25.10.2003. By another order dated 19.01.2004, the Appellate D..

Category: Information Technology Law | Date: | Hits: 321

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....of the plaintiff extinguished under Section 28 of the Limitation Act, the courts below committed no illegality in the facts of the case in dismissing the suit, the High Court Division on taking an erroneous view of the entire matter, illegally decreed the suit. (2) For that the High Court Div......intiff extinguished under Section 28 of the Limitation Act, the courts below committed no illegality in the facts of the case in dismissing the suit, the High Court Division on taking an erroneous view of the entire matter, illegally decreed the suit. (2) For that the High Court Division toÂ..

Category: Tenancy Law | Date: | Hits: 141

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

....ance in the submissions of the learned Advo­cate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......te Tribu­nal. The learned Advocate-on-Record could not lay his hand showing any illegality in the impugned judgment with reference to any pro­vision of law involved in this case. In view of the above, we find no sub­stance in the submissions of the learned Advo­cate for th..

Category: Employment/Service Law | Date: | Hits: 91

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......Upazila Nirbahi Officer, Sylhet Sadar and in his forwarding the Assistant Commissioner opined that the petitioner came to Bangladesh after retirement and he never left the country for good, but in view of the promulgation of Awc©Z m¤úwË cÖZ¨c©Y AvBb, 2001 (..

Category: Property Law | Date: | Hits: 54

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

.... res­pondent No. 1, the findings of the majority Judges of the High Court Division that the letter Annexure-K is manufactured or the Bank has not come in writ jurisdiction with clean hands are erroneous. 13. Heard the learned Counsel and per­used the judgment of the High Court Div......)(Exhibit 4)(Gha) and all other charge documents as found by the majority Judges. 11. The learned Counsel further submits that the discharge of Rule by the High Court Division is illegal in view of the fact that majo­rity Judges of the High Court Division had found that "the writ..

Category: Business or Commercial Law | Date: | Hits: 122

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....e 'Ka' list of the abandoned buildings being without lawful authority and this Court will be pleased to set aside the judg­ment and order dated 24-8-2005 passed by the High Court Division on an erroneous view and direct the respondents to take off the petitio­ner's property from the list...... that the petitioner under duress and coercion acted in a most silly way without realising that her application to the respondent No. 4 would be treated as her application for allotment and in any view of the matter a property which could not be treated as an abandoned property in law, the High ..

Category: Property Law | Date: | Hits: 23

Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)

....sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......t a decision that the defendant No.1 failed to prove his case by producing cogent and reasonable evidence and declined to interfere with the con­current findings of the Courts below. In view of the discussion made above, we hold that the High Court Division after taking into considera..

Category: Civil Law | Date: | Hits: 83

Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)

.... 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: 13 BLC (AD) (2008) 137. ......y the respondent No. 2 maintenance @ Taka 300 per month from the date of her birth and will continue  to  give her  the  amount  till her marriage. 6. We are of the view that the High Court Division on proper consideration of the mate­rials on record arrived a..

Category: Family Law | Date: | Hits: 155

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

.... 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: 13 BLC (AD) (2008) 131. ...... 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: 13 BLC (AD) (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......ique 35 DLR (AD) 42. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Abu Siddique, Advocate-on-Record— For the Respondent. Civil Review Petition No. 88 of 2005. (From the judgment and order dated 25th June, 2005 passed by t..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......i died in Bangla­desh. It may be mentioned the claimant of the property in support of his contention that Asgar Ali died in Bangladesh produced a burial certificate from a private agency In our view, the Court of Settlement was quite correct in not taking the said burial certificate into con&..

Category: Property Law | Date: | Hits: 21

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......e No. 48 of 2004 and he from the notice published in the Daily Ittefaq dated 23-8-2004, case to know about the same. The bank contested the Rule by filing affidavit-in-opposition contending that in view of the principles as laid down in the case of Zahirul Islam vs. National Bank Limited, 46 DLR..

Category: Civil Law | Date: | Hits: 103

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

.... not find any cogent reason to interfere with the same. The petition is dismissed upon condo­nation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... maintainability of revisional application before the District Judge against the order passed by the Joint District Judge in a suit the valuation of which is Taka 3,77,61,225 and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief J..

Category: Civil Law | Date: | Hits: 77

Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)

.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......obtained a decree in his Title Suit No. 404 of 1984 in which the present petitioner and pro-forma respondent No. 2 were not parties. The Appellate Division under the facts and circumstances and in view of the materials on record held that the petitioner and pro-forma respondent No. 2 have no loc..

Category: Civil Law | Date: | Hits: 100

Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....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: 16 BLT (AD) (2008) 222. ......acts involved are similar to the instant writ petition, it Ms been held that the writ petition filed a Government servant challenging his order of transfer is not maintainable. We are of the view that there is no illegality or infirmity in the decision of the High Court Division so as to ..

Category: Employment/Service Law | Date: | Hits: 73