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Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)

.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......thereupon having been purchased by the predecessor of the defendant the kabala dated July 11, 1935 lost its effec­tiveness and as such the trial Court was in error in decreeing the suit on the view that the kabala was in force even after the rent sale of the kabala land and being pur­cha..

Category: Property Law | Date: | Hits: 37

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......lude the original power of attor­ney? More so on perusal of the writ peti­tion it appears that there is no mention of the aforesaid power of attorney in favour of Mr. A. M. M. Khan. In such view of the matter we are unable to give credence to the submission of the learned Counsel for the ..

Category: Property Law | Date: | Hits: 27

Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)

....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......of issuing warrant of arrest and detention of the judgment-debtor appellant in civil prison. 4. The High Court Division upon hearing both the parties discharged the rule hold­ing that in view of the power conferred on the Artha Rin Adalat under section 6(Ka) the provisions of section 5..

Category: Civil Law | Date: | Hits: 111

BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)

....­cussion we find no merit in the petitions. Accordingly, these petitions are dis­missed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ...... the Employment of Labour (SO) Act. Therefore, if any provision of the Service Regulations of the FDC is less favourable to the express provision of the Standing Orders Act that provision, in our view, is void ab initio". 8.  On our query the learned Advocate for the petiti..

Category: Labour and Industrial Law | Date: | Hits: 109

Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)

....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ......d May 5, 2003 of the Ministry of Land and obtained Rule. 5. The Respondent No.3 opposed the Rule by filing affidavit-in-opposition stating that the Ministry of Land has been approached to review or to reconsider the matter of de-requisition of the house. 6. The High Court Division ..

Category: Property Law | Date: | Hits: 28

Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)

....te-on-record and perused the materials on record. The learned Advocate-on-record could not point out that the facts consid­ered by the High Court Division as reflect­ed in the judgment were erroneous in any respect or in other words High Court Division was in error in holding on con­s......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ..

Category: Property Law | Date: | Hits: 27

Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)

....as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ......as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ..

Category: Property Law | Date: | Hits: 22

Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)

.... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ......d Act inasmuch as, accord­ing to them, the expression "Petroleum Operation" in section 4(2) also includes importation of Petroleum Product. 4. The High Court Division took the view that there was no legal basis for stopping the discharge of the cargo in question on the plea ..

Category: Business or Commercial Law | Date: | Hits: 94

Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)

....High court Division committed no illegality in dis­missing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......nasmuch as the Trade Mark Act is a special law and in an appeal under section 76 of the said Act the provisions of section 11 of the Code of Civil Procedure has no manner of applica­tion and in that view of the matter the learned Judges of the High Court Division ought to have entered into merits o..

Category: Intellectual Property Law | Date: | Hits: 196

Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)

....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......posts including Assistant  Professor, Radiology by circular dated 21.05.2001 and the writ petitioner respondents and the writ respondent appellants applied for the posts and they received interview cards for interview schedule to be held on 18.11.2003 to 20.11.2003 and 43 candidates particip..

Category: Employment/Service Law | Date: | Hits: 100

Delwar Hossain Vs. State, 2007, 36 CLC (AD)

.... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ..

Category: Criminal Law | Date: | Hits: 43

Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)

....appeal.  There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......ed 10.11.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1256 of 1994 dismissing the appeal with modifica­tion of the date of commencement of their sentence in view of section 35A of the Code of Criminal procedure. 2. The prosecution case, in short, i..

Category: Criminal Law | Date: | Hits: 32

Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

....onnection with the offence charged; the High Court Division, without at all considering the case of the petitioners that they did not issue any token on that particular time and date, arrived at an erroneous conclusion that the petitioners knowing fully well about the forged bills issued tokens s......hy;ers having been proved beyond all reason­able doubt there was no illegality in the impugned judgment and order of convic­tion so as to call for any interference. 11. We are of the view that the High Court Division on proper consideration of the evidence and the materials on rec..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....g as to how the petitioner is involved; the High Court Division without at all considering the case of the petitioner that he did not issue any token on that particular time and date, arrived at an erroneous conclusion that the petitioner knowing fully well about the forged bill issued token speci......(2) of the prevention Corruption Act, 1947 having been proved beyond all reasonable doubt and accordingly there is no illegality in the impugned judgment and order of conviction. 10. We are of the view that the High Court Division on proper consideration of the evidence and the materials on recor..

Category: Anti-Corruption Laws | Date: | Hits: 81

Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ....... It is evident that he transfer sought to be pre-empted in Miscellaneous Case No.6 of 1984 took place at a time when the plaintiffs did not acquire any interest in the land of the holding. In that view of the matter we are of the view High Court Division was not in error in dismissing the suit. ..

Category: Property Law | Date: | Hits: 23

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... after his death the peti­tioners are possessing the suit land; because of their long possession for over 37 years since 1358 B.S. the petitioners acquired possessory title in the suit land; in view of the provisions of section 110 of the Evidence Act the possession of the petitioners are ref..

Category: Property Law | Date: | Hits: 30

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ..

Category: Property Law | Date: | Hits: 29

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

.... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......f the invalid document Ext. 2....... Since then the plaintiff-respondents appear to have possessing through their predeces­sors without any interruption till the 1st part of July, 1986. In this view of the matter their possession over the suit land appears to be for more than 12 years withou..

Category: Property Law | Date: | Hits: 25

Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)

.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......2.31 acres. The appellate Court dismissed the Title Appeal No. 15 of 1997. 2. Facts of the case has elaborately been narrated in the judgment of the Courts of fact and as such we are of the view the facts averring which plaintiffs filed the suit and the facts averring which defen­dant..

Category: Property Law | Date: | Hits: 19

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......have perused the impugned judg­ment of the High Court Division as well as the judgments of the Courts below. Having regard to the facts, circum­stances and evidence on record, we are of the view that the learned Single Judge of the High Court Division having applied its judicial mind cam..

Category: Property Law | Date: | Hits: 24