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M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....uire the requisitioned property; that determination of the price of the land by the learned Arbitrator was imaginary, baseless and against the law and such assessment could not be sustained in the facts and circumstances of the case; that the Deputy Commissioner determined the price of the land ......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart......d in taking evasive view on that point; that out of total 16.65 acres of appellants' land only 11.5750 acres was acquired in Special L.A. Case No.8 of 1964-65 and the fact was corroborated by evidence both oral documentary; that while deciding to sent the case back on remand to the learned ..Category: Property Law | Date: | Hits: 37
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. ......cate-on-Record- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the High Court Division in Criminal Appeal Nos.3888 and 3889 of 2002.) ......fault to suffer rigorous imprisonment 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 p..Category: Anti-Corruption Laws | Date: | Hits: 117
Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)
....ve to appeal is directed against the judgment and order dated 04.02.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1022 of 1988 discharging the Rule. 2. Short facts are that the Rule was discharged for default on 10.01.2007 for non- compliance of Court&rsquo......llip;…….........Petitioners Vs. Haridas Saha & others......................Respondents Judgment July 22, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner. Not represented- the Re......There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 774. ..Category: Others | Date: | Hits: 92
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
.... abandoned property the onus lies upon the claimant to rebut the presumption that the same was not an abandoned property and that in such a case the government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned proper......vision (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred t......e High Court Division made the Rule absolute holding that in terms of the principle laid down in 17 BLD (AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....gainst the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.8254 of 2007 discharging the Rule and vacating the order of stay granted on 30.10.2007. 2. The facts, in short, are that the aforesaid Writ Petition No. 8254 of 2007 was filed challenging the pro......n J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents ......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)
....sp; kabuliyat dated 04.03.1940 from Dhirandra. Provision of Section 43 of the Transfer of Property Act 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...... Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 4274 of 1994). ......43 of the Transfer of Property Act is available in favour of the defendant on consideration of Exhibit 'Kha', 'Gha' and 'Cha'. The defendant Nos. 8 and 9 neither in the written statement nor in the evidence tried to invoke the aid of section 43 of Transfer of Property Act on the strength of exhib..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....te and directing the registered Trade Mark No. 21508 dated 18.12.19-84 in Class-30 to be varied by way of deletion or omission of the words "NABICO/ ‡bwe‡Kv" both in English and Bangla. 2. The facts, in short, are that the respondent No.1 has been engaged in the business of manufacturing and ......e Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Invo......pugned trade mark No. 21508 in class-30 he left the proceeding and the application was allowed to proceed to registration. As a matter of fact, the registrar of trade marks ought to have examined the evidence further and ought to have considered the application in the light of statutory objections u..Category: Intellectual Property Law | Date: | Hits: 231
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
.... for leave to appeal is directed against the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint D...... Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1......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)
.... for leave to appeal are directed against the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004 making the Rule absolute. 2. Short facts are that the respondent No.1, Jamuna Television Limited is a Private Limited Company which w......es). Not represented-Respondent Nos. 3-5 (In Civil Petition No. 993 of 2005). Civil Petition for Leave to Appeal Nos. 767 & 993 of 2005. (From the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004). ...... 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)
....n and the Rule issued was made absolute upon setting aside the concurrent findings of fact arrived at by the courts below. Leave was granted on the following grounds: - (1)"For that from the facts disclosed in pleadings of the parties it is apparent that time began to run against the plai......A.J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 269 of 2003. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993). ......n by reversing the concurrent 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 judgm..Category: Tenancy Law | Date: | Hits: 141
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....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 on 1-1-1998 as a police sergea...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the......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. ..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... at the instance of the petitioner is directed against the judgment and order dated 8-12-2004 passed by the High Court Division in Writ Petition No. 3981 of 2003 discharging the Rule. 2. The facts of the case are that the petitioner is a citizen of Bangladesh by birth. The petitioner was b...... Present: Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Achyutananda Das...........................................Petitioner Vs. Government of Bang......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. ..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....235 of 2000 discharging the Rule by majority decision and refusing to interfere with decree of Artha Rin Adalat No. 4, Dhaka dismissing the suit as against guarantor respondent No.1. 2. The facts, in short, are that the petitioner "The Oriental Bank Ltd.’' (previously Al-B...............Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering and Electric Supply Co Ltd vs. Income Tax Officer 22 DLR (SC) 443; Bangladesh, Ministry of Works vs...... 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)
....t be taken over as an abandoned property and since it was not in the abandoned property list, Article 6 of PO 16 of 1972 being not applicable and the High Court Division, without at all considering facts and circumstances of the case arrived at a wrong conclusion thereby erred in law in dis....... Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). ......thereby the 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 failu..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. ...... MM Ruhul Amin J Abul Kalam Azad.........................Petitioner Vs. Bangladesh Government Primary School Teachers Association and others… ……………..Respondents Judgment Ma......igh Court Division also observed that the appellate Court being a final Court of fact arrived at 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..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. ...... Md. Abdul Matin J Abdur Rakib (Md) (Shahin)...........Petitioner Vs. Shertaj Khatun and another...........Respondents Judgment June 16, 2008. Lawyers Involved: ......rused the petition, 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 th..Category: Family Law | Date: | Hits: 155
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....journment to file written objection and the plaintiff renewed his prayer for temporary injunction. The trial Court allowed the prayer for adjournment for ends of justice and in consideration of the facts and circumstances of the case passed an order of status quo directing the parties to maintain......Mudassir Husain CJ Mohammad Fazlul Karim J A Kabir Chowdhury J Md. Joynul Abedin J Abdul Baki and others..................Petitioners Vs. Farooque Ahmed………&he......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)
....e and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the 'kha' list of the abandoned property. 2. The facts, in short, are that property in question was allotted to one Asgar Ali, who was a refugee fro...... Md. Tafazzul Islam J Md. Hassan Ameen J Md. Fazlur Rahman.................Petitioner Vs. Chairman, First Court of Settlement, Bangladesh Abandoned Buildings and another ……………………Respon...... the prayer for leave to appeal referring to the burial certificate and some other papers which are subsequent to 1979. We have already mentioned about the relevancy of the burial certificate as an evidence in determining the question of whereabouts of Asgar Ali after the emergence of Bangladesh..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
.... directed against the judgment and order dated 3-4-2005 of the High Court Division passed in Writ Petition No. 5350 of 2004 discharging the Rule and also vacating the order of stay. 2. Brief facts are that the petitioner filed the above writ petition challenging the proceeding of Money Ex...... Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007.......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
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... leave to appeal is directed against the judgment and order dated 8-2-2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are, that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of ...... Fazlul Karim J MM Ruhul Amin J Md. JoynulAbedinJ Md. Abdul Matin J Bangladesh................................. Petitioner Vs. AHM Khurshed Ali and others...............................Respondents Judgment April 10, 2008. ...... 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. ..Category: Civil Law | Date: | Hits: 77
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