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Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......mprisonment for 3(three) months more. 6. Being aggrieved the accused-petitioner filed Criminal Appeal Nos.3888 and 3889 of 2002 and a Single Bench on consideration of the evidence and materials on record dismissed both the appeals and upheld the conviction and sentence passed by the learned Speci......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ..Category: Anti-Corruption Laws | Date: | Hits: 117
Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)
....had been bed ridden for about six months and as such, he could not come to Dhaka to take necessary steps after service of notice in From N-10 upon the petitioners. But this assertion does not hold good in that the petitioners slept over the matter even after expiry of six months on the ground of......acts are that the Rule was discharged for default on 10.01.2007 for non- compliance of Court’s order for taking steps for engaging new Advocate as the Advocate earlier engaged died. It is on record that after the death of engaged Advocate, a notice in From N-10 was served upon the petition......plication for restoration it was asserted that the tadkbirker Mr. Joydev Chandra Saha had been bed ridden for about six months and as such, he could not come to Dhaka to take necessary steps after service of notice in From N-10 upon the petitioners. But this assertion does not hold good in that ..Category: Others | Date: | Hits: 92
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and 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: ......above minors and since then petitioner has been possessing the case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Gov......t decision and 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: ..Category: Property Law | Date: | Hits: 26
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. ...... of 2004 rule 15 gha(5) of the Emergency Power Rules, 2007 read with Section 109 of the Penal Code. 14. On receipt of the said charge sheet the learned Chief Metropolitan Magistrate sent the case record to the Court of the learned Metropolitan Sessions Judge and Senior Special Tribunal, Dhaka wh......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. ..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. ...... such sold his share measuring .11 decimal of land to the plaintiff vide registered kabala dated 31.04.2004 A.D. and since then he has been possessing the same and the suit jote has been correctly recorded in his name in S.A. operation. The said Jitendra Nath Singha, Dhirendra and Birendra Nath ......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. ..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
...."NABISCO" acquired great reputation in the market in relation to bread and biscuits of various kinds and the trade marks "NABISCO" attained distinctiveness in the market and became distinctive of the goods covered under the registration, so that any reference as to the trade mark "NABISCO" would alw......e petitioner has filed this petition for leave to appeal. 11. Heard the learned Advocate 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 has considered the similarity between "NABISC......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. ..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. ......having purchased a portion of the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs ha......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. ..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. ......trict Judge. 5. We have heard Mr. Hassan Faiz Siddique, the learned Additional Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers on record. 6. The Full Bench of the High Court Division while disposing of the revisional applicatio......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. ..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. ......ioner in C.P. No. 993 of 2005 and Mr. Rafique-Ul-Huq, the learned Counsel for respondent Nos.1-2 in both the cases and perused the judgment of the High Court Division and other connected papers on record. 9. It is not disputed that by Annexure-B dated 05.02.2002 (in C.P. No. 767 of ...... 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. ..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ng the conÂcurrent findings of fact arrived at by the Courts below specially the appellate Court which is final Court of fact when there was no misreading and non-reading of the material evidence on record and mis-construction of the documents. There is also legal infirmity in the judgments of the ......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..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. ......ed against the petitioner on the allegations of negligence of duty and misconduct. On enquiry, the allegations were proved and the authority, considering the enquiry report and other papers on record imposed the penalty upon the petitioner dismissing him from service along with recovery of T......thority) and order dated 29-6-1996 passed by the Additional Inspector General of Police (Administration), Dhaka (the revisional Authority) were all null and void and that the petitioner is still in service. 2. The facts of the case, in short, are that the petitioner got appointment ..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....-2003 to the 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 ......at the petitioner's father purchased the property and after his death the petitioner and his elder brother inherited the said property. During last settlement operation the land has been recorded in the name of Sachidananda Das, the elder brother of the petitioner and the petition...... Examination in May, 1961 and he was given the Associate Membership of the Institute of Transport on 12 March, 1962. The petitioner continued to serve in the London Transport and retired from service in 1989. The petitioner was granted citizenship of United Kingdom in December, 1965 and he ..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....ned for 143 fax machines, only 120 machines were shipped and arrived at Chittagong Port. To avoid demurrage and pilferage in the port the petitioner requested respondent Nos.1 and 2 to release the goods on urgent basis upon payment of all dues of customs and other authorities. But resp......ent of the petitioner's dues applied to the petitioner to release 34 machines against trust receipt dated 22-10-1988, 28-104988 and 20-10-1988. Respondent No.1 released total 10+20 machines at the record price of Taka 4, 06,743 and Taka 8, 13,485 against trust receipts on the conditions that the...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance 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) 140. ......allotment was not acted upon and, as such, its inclusion in the 'Ka' list on 23-9-1986 in the Bangladesh Gazette was violative of the provisions of law and on a total misreading of the evidence on record of the High Court Division discharged the Rule which has caused grave failure of justic......no substance 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) 140. ..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. ...... Primary Teacher's Association has a right to carry out the activities as such and that the plaintiffs' suit is liable to fail. 4. The trial Court on consideration of the materials on record decreed the suit. On appeal in Title Appeal No.307 of 1995 the appellate Court dis......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. ..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. ......tition, the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court found that the Family Court considering the evidence on record, rightly decreed the suit but the appellate Court, without at all considering the materials ...... 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. ..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. ...... two temples and one Puja Mandap were established and the members of Hindu Community have been worshipping therein since 1345 BS, in RS operation the aforesaid dedicated land were wrongly recorded in the name of the aforesaid owners as their residence but however, in the remark column t......he municipal area no such pattans could be made; further the summons of the above suits were not served upon defendants of the said suit and the plaintiffs of the above suits, on obtaining a false service returns, managed to get compromise decrees dated 20-1-72 and 17-5-71 though some of th..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. ....... 10. The review not being an appeal against the impugned judgment or that no fresh or important fact arose for our consideration or that there was any error apparent on the face of the record that has surfaced or that the non-consideration has substantially affected the parties......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. ..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. ......ng of fact In the instant case, the finding of fact arrived at by the Court of Settlement having not been shown as arbitrary or that product of mis-reading or non-consideration of the materials on record or that on misconstruction of document or that contrary to the materials on record we are of......f no useful purpose to the petitioner since the law is Settled now that if a particular property assumes the character of abandoned property, whether the same listed in the 'Kha' list without service of the notice is not material since in spite of listing of the property without serving not..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. ......ourt Division cannot go behind the decree. 3. The High Court Division, after hearing, discharged the Rule. 4. We have heard the learned Counsel for the petitioner and perused the records. 5. As it appears the High Court Division discharged ......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. ..Category: Civil Law | Date: | Hits: 103
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