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Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......hedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in favour of defendant No. 4 by defen­dant No.1 is illegal, void and collusive. 3. The case of the plaintiff, in short, is that the suit lands along with other lands orig­inally belonged..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......tioners and also perused the impugned judgment including all other judgments and evi­dence on record. It appears that the High Court Division upon consideration of the facts and circumstances of the case and the evidence on record concluded that the plaintiff proved his case beyond reason­able dou..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......ther Class Suit No.76 of 1994. 2. The petitioner instituted Other Class Suit No.76 of 1994 in the Court of learned Senior Assistant Judge, Thakurgaon, for specific performance of contract. His case is that the land in suit appertaining to C.S. Khatian No.776, Plot No.202 of mouja Jagannathpur..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... While making examination of the appli­cation No.21508 in class-30 of the peti­tioner the prohibition as laid down in sec­tion of 10(1) and 8(a) was not adhered to by the respondent No. 2. In that case the application ought to have been refused registration. But the respondent No.2 has acted agai..

Category: Intellectual Property Law | Date: | Hits: 273

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......vidence; thirdly, the deeds of the title of the defendants were remained unchal­lenged; fourthly, the plaintiff failed to prove his title and possession in the suit-land and also failed to prove his case of dispossession as alleged in the plaint; and finally, the learned Judge held that the plainti..

Category: Property Law | Date: | Hits: 21

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......can be awarded to plaintiff. 4. Plaintiff and defendant No.7 led evi­dences, both oral and documentary, in support of their respective claims. Four (4) witnesses were examined in proof of the case set forth by plaintiff and two (2) wit­nesses stood on witness box to lend assur­ance to the ..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ...... for any other human­itarian reason. The High Court Division rightly observed that- "If the Government wants to stop the Petitioner from leaving the country then it must start a specific criminal case against him and get a custodial order by a court of law under the laws of the land. If the Gove..

Category: Others | Date: | Hits: 115

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..

Category: Property Law | Date: | Hits: 20

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......strict Minibus Owners Group" although it issued license in the name of Faridpur District Minibus Owners Samity. The Ministry of Commerce can not issue more that one licence in a District. The further case of the writ petitioner is that while the Samity had been functioning peacefully, he had receive..

Category: Constitutional Law | Date: | Hits: 107

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......il) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh rep­resented by the Secretary, Ministry of Industry, Police Stat..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......lant and machinery for removing the same from the factory premise even without having any order from the Adalat. But the learned Judge of the High Court Division failed to consider this aspect of the case and dis­charged the rule illegally occasioning fail­ure of justice. 6. We have heard t..

Category: Banking Law | Date: | Hits: 84

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......reliminary decree dated 24.9.1992 and the final decree dated 31.5.1994 passed in Other Suit No.5 of 1988 is illegal, collusive, fraudulent not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that one Ayenuddin, the predecessor-in-interest of the plaintiffs was impleaded a..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......The said application was allowed on 27th November, 2005. In the meantime, on 30th October, 2005 the decree-holder bank filed an application for staying all further pro­ceedings of the said Execution case which was kept on record. The auction purchaser-respondent No.1 took physical possession of the..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ated after the death of their father Bilat Ali Mondal by false personification. Hence the suit. 3. The present petitioner as defendants contested the suit by filing written state­ment denying the case of the plaintiffs stating, inter alia,that the suit of the plain­tiffs is not maintainable ina..

Category: Property Law | Date: | Hits: 51

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..

Category: Property Law | Date: | Hits: 26

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......emption Case is the land of Cadastral Survey Khatian No. 17 corre­sponding to State Acquisition Khatian No. 10 under Mouza- Ishapura, Police Station-Shahrasti, District-Chandpur. Another Pre-emption case being number 4 of 1991 between the respondents and peti­tioners had been filed in respect of a..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ...... suit for declara­tion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu­lent and not binding upon him. 3. Appellant's case in short is that the orig­inal maliks of the holding Nalini and his wife Sarola left this Coun..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......€˜concerned' is to be substituted by any other appropriate word or words. It is true that the other words used in the first condition such as ‘reasonable’ 'credible' have been interpreted in many cases both by the Indian Courts and Bangladesh Courts. But in spite of specific interpretation given..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd 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: 15 BLC (AD) (2010) 140. ......776 and State vs Mukbul Hossain, 26 DLR 419. Lawyers Involved: SM Abdul Mobin, Deputy Attorney-General, instructed by Md Ibrahim Khalil, Advocate-on-Record—For the Petitioner (In all cases). Syed Amirul Islam, Senior Advocate,  instructed by Sufia Khatun, Advocate-on-Recordâ..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......lants (In Civil Appeal No.9 of 2005). TH Khan, Senior Advocate and AJ Mohammad Ali, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Lea..

Category: Property Law | Date: | Hits: 29