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Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......nama on 27.01.1995 and they were living as husband and wife. Thereafter on 20.04.1995 the accused petitioner demanded a 100 C.C. Motor Cycle, 24’’ Colour Television and Video Cassette, recorder as dowry and when the complainant expressed her inability to give those articl......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ..Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....at, before issuing Memo dated 11.9.93 regarding the cancellation of the lease of the suit plot, decision was already taken on 8.4.93 to give the above plot to the petitioner which shows absence of good faith and when any action is actuated not by good faith but otherwise, the same must be held t......is actuated not by good faith but otherwise, the same must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel could not point at, any illegality or in...... only by six months notice under the provisions of section 106 of the above Act 1882 and in the above circumstances the respondent No.1 could only be evicted from the suit plot by a suit after due service of notice, but in the present case by the notice dated 11.9.1993 the respondent No.1 was pr..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences on record i......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......ion leads to rejection, of the memo of the appeal which ought to have been done at the initial stage. He finally submitted that the present appeal is not maintainable. 6. It appears from the record that the memorandum of appeal filed on 19.03.2003 being not accompanied with proof of depos......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......receipt of notice by the accused and failure to mention any legal cause of action in the petition of complaint the proceeding cannot be allowed to continue is an error apparent on the face of the record, inasmuch as "Such date of receipt of notice can never be within the knowledge of the complai......ult: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898), section 561A The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881), section 138 The question of service and receipt of notice under section 138 of the Negotiable Instruments Act, 1881 is a questio..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
..... The purpose of the Ain is to ensure speedy trial in keeping with the aforesaid provision and law and the practice and procedure of the Court since not being adhered to recently due to the filing of good number of various types of cases in the Sessions Court keeping in view with the universally acc....../448/324/326/307/302/380/427/34 of the Penal Code. It was stated that after submission of charge sheet, the Cognisance Court No. 3, Noakhali accepting the charge sheet taking cognisance sent the case record to the Court of Sessions Judge, Noakhali for trial and the learned Sessions Judge, Noakhali, ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....ew to giving a distinct identity and nomenclature to the products manufactured and marketed by the respondent they adopted a trade mark consisting of the word 'Diploma'. Due to superior quality of goods offered under the trade mark 'Diploma' and due to various promotional measures undertaken the......f the said trade mark 'Diploma' under No. 33342 dated 25th August 1991 by practicing fraud on the Trade Mark Registry. The certificate of trade mark registration of the appellant is already in the record of the Court. As stated above the so-called user agreement is not binding on the appellant a......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......sider the above mentioned submissions. 25. We have heard the learned Counsels and perused the materials, including the impugned judgment and order of the High Court-Division and other papers on record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the r......ers.................Respondents Judgment May 27, 2008. BADC Service Regulations, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of s..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......Because to do so would set a bad example and precedent. In elaboration of his point it is submitted that historically it is now learnt from the facts stated by NBR before the High Court Division as recorded in the impugned judgment that no prosecution under Chapter XXI was ever brought without f......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. .........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civil Appeal No. 330 of 2003) Zoynul Abedin, Deputy Attorn......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....nthly bharatia under defendant No. 14 in respect of the shop house and land on a misrepresentation that defendant No. 14 was the owner of the said shop house and the suit land and the plaintiff in good faith was running Rice Mill business there and because of such misrepresentation a Title Suit ...... title and partition being consequential relief and that the suit property is self acquired property of Md. Aslam, father of defendant No. 7 Konai Bibi and his brother Md. Anfar and it was properly recorded in their names during the last settlement operation and that after death of Aslam defendan......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......2; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 MLR (AD) 301. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by A.S.M. Khalequzzaman Advocate-on-record - For the Appellant. Abdur Rab Chowdhury. Senior Advocate, instructed by Zahirul Isla......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..Category: Criminal Law | Date: | Hits: 38
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ..Category: Property Law | Date: | Hits: 24
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......ructed by Syed Mahabubur Rahman, Advocate-on-Record-For the petitioner. Rafique-ul-Huq, Senior Advocate, Ahsanul Karim Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1804 of 2007 (From......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ..Category: Others | Date: | Hits: 84
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....y that they (Pws.2.3 and 4) being the seizure list witnesses will not support the prosecution case and the learned Judges of the High Court Division has failed to discard their evidence by any good reasoning. 13. It appears that the prosecution examined 12 Pws. and tendered 5 Pws......sion. 9. Mr. Zahirul Haque Zahir, the learned Deputy Attorney General appearing for the appellant, submitted that the learned Judges of the High Court Division by misreading evidence on record and under misconception allowed the appeal and acquitted the respondent though a ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......abpur PS. Case No.5 dated 31.5.1985. 3. The police took up investigation of the case and visited the place of occurrence and seized alamats and prepared sketch map with a separate index and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure a...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......02/34 of the Penal Code. 3. Defence plea was one of innocence and false implication. 4. The prosecution examined 19 witnesses in the case. The trial Court on consideration of the materials on record convicted accused Salim, Azahar and Nasir under section 302/34 of the Penal Code and senten......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
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