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BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....rted case was not challenged before the higher Court. Thus it comes to that the decision in the aforesaid case was accepted by the petitioner herein. The High Court Division observed that the facts of the reported case as mentioned above and the facts of the case "in hand are identi&sh...... M. Ruhul Amin J Md. Abdul Matin J Bangladesh Film Development Corporation, Tejgaon, Dhaka.......Petitioner (In all cases) Vs. The Chairman, First Labour Court, Dhaka and another......Respondents (In all cases) Judgment January 3, 2008. Lawyers......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. ..Category: Labour and Industrial Law | Date: | Hits: 109
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
....agistrate calling for a report as regard the subject matter of the application of the writ petitioner and another and thereupon the District Magistrate submitted report stating the detail facts and recommended for releasing the house to the writ-petitioner and another being the success...... CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land, Secretariat Building, Ramna, Dhaka and others ......................Petitioners Vs. ......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. ..Category: Property Law | Date: | Hits: 28
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....f land from the land of schedule No.1. 11. We have heard the learned Advocate-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 i......ADC (2008) 211. ......tiff and Tin Kari transferred .53 acre of land to the plaintiff. It was also contended that the undisputed case is that Brindaban Baishnab mortgaged .90 acre of land to Tarini and that there is no evidence that Brindaban's heirs redeemed the said mortgage and as such the point for determina..Category: Property Law | Date: | Hits: 27
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....and dissatisfied by the said judgment and decree, the defendant moved the High Court Division and obtained Rule. The High Court Division thereafter in consideration of evidence on record as well as facts and circumstances of the case discharged the Rule. Hence, this leave-petition. 5. Mr. ...... Md. Hassan Ameen J Md. Baki…………………………………….Petitioner Vs. Md. Fazlul Haque and others.........Respondents Judgment May 28, 2007. Lawyer Involved: ......bsp; 4. The trial Court in consideration of the evidence on record dismissed the suit by the judgment and decree dated 24th May, 2001 against which..Category: Property Law | Date: | Hits: 22
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....ed 29.09.2002 passed by the Deputy Registrar of Trade Marks in Opposition Case No. 1824 of 2001 allowing the opposition case and rejecting the Trade Mark Application No. 52139 in Class 25. 2. The facts, in short, are that the petitioner Sunil Kumar Das being the sole proprietor of the Bangladesh.........................Petitioner Vs. Deputy Registrar of Trade Marks, The Trade Marks Registry Shilpa Bhavan, Annex Building, 91 Motijheel Commercial Area, Police Station-Motijheel, District-Dhaka and another ........................... Respondents. Result: The petition is dismissed. Law......the month of April 1987 after publication of the mark in the Trade Marks Journal the opponent, the respondent No.2 filed opposition Case No.527 of 1987 and the registrar of trade mark after receiving evidence and hearing both the parties allowed the opposition case' and refused registration of the t..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....wo appeals by leave are directed against the common judgment and order dated 28.03.2005 passed by the High Court Division in Writ Petition No.1735 of 2004 making the Rule absolute. 2. Short facts are that the respondent Nos.1-6 instituted Writ Petition No.1735 of 2004 challenging Memo No...... Md. Abdul Matin J Dr. Mohammad Sarwar Ramiz & others................Appellants (In Civil Appeal No. 209 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh Secretariat, Ramna, Dhaka & others………............this Court." "Because in the advertisement of Bangladesh Public Service Commission (BPSC) dated 21.05.2001, it was mentioned that candidates having teaching experience or evidence of research work and publication will get preference"; that all the selected candida..Category: Employment/Service Law | Date: | Hits: 100
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....ecord for the petitioner failed to show that the judgment of the below as well as of the High Court Division have been vitiated for non-consideration of material evidence on record. In such facts and circumstances, of the case, we are of the opinion that there is no substance in this peti...... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 485 of 2006. (From the judgment and order dated 22-08-2006 passed by the High Court Division in Criminal Appeal No. 1429 of 2004).......ecution examined 10 Pws. including the Magistrate, who recorded confessional statement of the accused-petitioner under Section 164 of the Code of Criminal Procedure. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is to..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. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Saiful Islam Shaikh and another…….....Petitioners Vs. The State, represented by the De......n 265C of the Code of Criminal Procedure. 4. The prosecution examined 12 witnesses to prove the case when all of them were duly cross-examined by the defence. After close of the prosecution evidence the accused on dock were examined under section 342 of the Code of Criminal Procedure to w..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......resent: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mirza Saifuddin Hasan.......... Petitioner (In Criminal Petition No. 117 of 2004) Sheikh Abul Hossain and others......Petitioners (In Criminal Petition No. 118 of 2004) Vs. The State...........nd further the High Court Division has not said a single word as how the petitioners are liable for the offence for which they were convicted and the present case is virtually is also a case of no evidence as because not a single prosecution witness has stated anything as to the involvement of p..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order of conviction and sentence dated 25.8.2003 passed by the High Court Division in Criminal......arlier and further the High Court Division has not said a single word as how the petitioner is liable for the offence for which he i was convicted and thus the present case is virtually a case of no evidence as because not a single prosecution witness has stated anything as to how the petitioner is..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....able. 8. The defendants moved the High Court Division in revisional jurisdiction. The High Court Division in the facts of the case, particularly because of the Exts. 1 and 2 on the basis of which the plaintiffs ......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Serajul Hoque Majumder.....Petitioner Vs. Bachchu Mia Mojumder and others....Respondents Judgment August 20, 2006. Lawyers Involved: Shaha......t barred by limitation. The trial Court also held that the plaintiffs are in possession of the land in suit and they have their homestead in the land in suit that defendants failed to dislodge the evidence of P.W. 2 who have deposed that the plaintiffs are in posession of the land in 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. ...... Case is also Reported in: IV ADC (2007) 964. ......e provisions of section 110 of the Evidence Act the possession of the petitioners are referable to the settlement made in favour of their predecessor Sonaullah in the year 1358 B.S.; the oral evidence of D.Ws. denying their purchase of .05 decimals of the land from the petitioners by r..Category: Property Law | Date: | Hits: 30
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. ......in: IV ADC (2007) 958. ......ad no right, title and interest in the land in suit. 5. The trial court decreed the suit on the finding that the plaintiffs were successful in establishing their case by oral and documentary evidence. The contesting defendants went on appeal. The appellate Court on consideration of th..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
....s. 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 filed wr...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abed Ali being dead represented by his heirs:Abul Hossain and others..........Petitioners (In all cases) Vs. Sona Mian and others....................rom the appellate Court's judgment that the said court was in error in allotting share to the extent of 2.31 acres to the plaintiffs or that the finding of the appellate Court is not based on evidence or there is mis-reading of the evidence but he could not. On our reading of the judgment o..Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....very much in possession of the suit land and for wrong record, he has already filed the above-mentioned Title Suit for correction of said record in the name of the Government. In the aforesaid facts and circumstances of the case, the plaintiff could neither challenge the aforesaid two regis......ad Fazlul Karim J Amirul Kabir Chowdhury J Shaikh Md. Asad Hossain...........Appellant Vs. Maulana Md. Abdur Razzaque Chisty being dead his heirs: 1. Mommat Hasina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: ......he learned Single Judge of the High Court Division erred in law in reversing the concurrent finding of the learned trial Court as well as the appellate Court based on the consideration of evidence on record and free from any error of law occasioning failure of justice. 6. In..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....aggrieved moved the High Court Division in Civil Revision No. 1414 of 2002. The learned Single Judge of the High Court Division by the impugned judgment and order discharged the rule. 7. The facts giving rise to Civil Petition for Leave to Appeal No. 1260 of 2004 are that the Respondents M...... Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-6 (In both the cases). Not represented - Respondent Nos. 7-39 (In both the cases). Civil Petition for Leave to Appeal Nos.1259 and 1260 of 2004. (From the judgment and order dated 27.07.2004 passed by the High Court Divi......t property by the executing and registering the deed of gift and as such interference is called for. 12. He further submits that the trial court being court of first instance considered the evidence and decreed Other Suit No. 97 of 1997 and dismissed Other suit No. 114 of 1997 but the lo..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....-07-2003 (Annexure-E) passed by the respondent No. 6 to cancel the licence of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the U......Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Invo...... and in Section 6 with regard to inspection. The main contention has been raised by the petitioner that has not been given any opportunity of being heard but the impugned order as it appears as evidenced in Annexure-E that already 2 months time for removing the Brick kilning has elapsed an..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bulmayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents ...... Ka is the C.S. Khatian No. 116 in which it is found that C.S. Khatian No. 117 was the under khatian of khatian No. 116 as such 2.01 acres of land was also mentioned in that khatian;the papers and evidences filed show that 2.01 acres of land was auctioned sold in Rent Execution Case No. 807 of 1..Category: Property Law | Date: | Hits: 67
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
....e plaintiff. 8. The learned Counsel for the petitioners submits that High Court Division without arriving at a decision of its own disposed of the appeal only upon narration of the facts of the case of the respective parties. 9. The submission of the learned Counsel appar......lso Reported in: IV ADC (2007) 934. ...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ..Category: Intellectual Property Law | Date: | Hits: 201
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Sattar Khan being dead his heirs Abul Lais Khan and others......... Petitioners (In both the cases) Vs. 1. Md. Noor......the materials on record particularly Ext.9 and Ext.C series, the claim of the defendant as to possession of the land in suit has been established, that the defendants, both by oral and documentary evidence, have proved their possession of the land which their predecessor Mujaffar owned and pos&s..Category: Property Law | Date: | Hits: 26
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