Judgment search - Chancery Law Chronicles

Displaying 5621-5640 of 7133 results.

Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)

....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......an on whose part there was no negligence who at the earliest opportunity after his arrival in the clinic operated the informant opposite-party No.2 though the operation was not successful and accordingly he contends that the proceeding being not in conformity with the provision of...... Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by the High ......arned Senior Counsel, appearing for the petitioners, submits that there is no ingredient of the offence under Sections 315 and 316 of the Penal Code and the proceeding being an abuse of process of law and as such the case is liable to be quashed. He further submits that the allegations if t..

Category: Criminal Law | Date: | Hits: 42

Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)

....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......he High Court Division for vacating the order of stay in the first place or for quick disposal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......ddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahmuda Begum, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1416 of 2005. &n......-respondent has already taken 4(four) adjournments in the above violation case i.e. Miscellaneous Case No.30 of 2003, the learned Joint District Judge, 2nd Court was justified in law in rejecting any further adjournment in the matter and as such the High..

Category: Property Law | Date: | Hits: 43

Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)

....me was barred by limitation inasmuch as the sale deed in question was executed on 25.10.1994 and the pre-emption case was filed on 25.6.2000 and as a result there has been a failure of justice. It is further urged that the pre-emptor-respondent having failed to prove that the buyer-p......½ acres of land each and thereafter Alimuddin transferred 1.55 ½ acres to Jabed Ali and thus Jabed Ali acquired title and possession over 6.08 acres of land. S.A. Khatian No. 270 was accordingly prepared in the name of Jabed Ali Sarker and others. 3. Jabed Ali Sarker ......man, Advocate- on-Record-For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 1098 of 2005. (From the judgment and order, dated 26.6.2005 passed by the High......er the seller-pre-emptee the period of limitation ought to have been computed from the date of execution of the sale deed. He lastly submits that the High Court Division committed an error of law in failing to appreciate that the sale deed under pre-emption was not even made exhibit in the ..

Category: Property Law | Date: | Hits: 20

Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)

....decision. 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) 237. ......is the final Court of fact has considered the evidence on record and found that the defendant could not adduce any evidence to prove that the deed in question was executed by Taposh and others and accordingly found that the same is a forged deed. The High Court Division next held that the questi......rd-For the Petitioner. Syed Amirul Islam, Advocate (with M. Nurul Amin, Advocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 passed by the High ...... Division then held that Taposh, one of the executants of the kabala in question in favour of defendant was a minor at the time of execution of the deed in question and the position of law is that execution of any document by a minor is not a valid document in the eye of law. ..

Category: Property Law | Date: | Hits: 26

Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)

.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ...... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......dvocate, (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented- the Respondents. Civil Petition for Leave to Appeal No. 797 of 2005. (From the Judgment and order dated the 16th April of 2005 passed ......sp;learned Advocate of the petitioners that the record shows that the trial Court while recording depositions of the plaintiff witnesses did not mark and endorse only documents as required by law which ought to have been marked and exhibited at the time of recording depositions so th..

Category: Property Law | Date: | Hits: 29

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

....n 56 of the Code of Civil Procedure in matters of execution of any decree passed by the Artha Rin Adalat. Any other construction of section 6(Ka) would lead to absurdity and cause failure of justice. The impugned judgment and order passed by the learned Judges of the High Court Division is......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. ...... defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application wit......t and proper for the sake of realisation of money. 5. Leave was granted to consider the submission that the learned Judges of the High Court Division have committed error of law in construing sections 5(4) (5) and 6(Ka) of the Artha Rin Adalat Ain, 1990 in holding that sec..

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. ......ven proper opportunity to defend themselves, that the opposite party in the complaint cases i.e. petitioner herein could not place any paper before the Court to show that the enquiry was conducted according to law, that the opposite party in the complaint cases could not establish, that the case......ted by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 2 (In all cases). Not Represented- the Respondent No. 1 (In all the cases). Civil Petition for Leave to Appeal Nos. 1054-59 of 2007. (From the Judgment and Order dated February 26, 2007 pa......ation of the materials brought on record by the parties upon arriving at the finding that enquiry conducted against the petitioners in the complaint cases was not in accordance with law and the petitioners of the complaint cases were not given proper opportunity to defend themsel..

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

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. ......ent to retain control over the petroleum product not only during its exploration, development, exploitation, production, processing, refining or marketing but also in its importation. Further, according to him, such interpretation would also absolve the Government from being liable for any ......overnment of Bangladesh, Bangladesh Secretariat, Dhaka and others ........Appellants Vs. Q.C. Petroleum Limited and others ......................Respondents Judgment October 2, 2007. Lawyers Involved: Salah Uddin Mahmud, Additional Attorney General, ins......ions in the future and as such leave should be granted. 6. Mr. Salah Uddin Mahmud, the learned Additional Attorney-General reiterates the same submissions adding that relevant provisions of law should be interpreted to enable the relevant authority in the Government to retain control over..

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. ......who are likely to be misled by such name of a foreign company and therefore the 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. ...... Lawyers Involved: Sayed Amirul Islam, Senior Advocate instructed by A.K.M. Shahidul Haq, Advocate on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 341 of 2007. (From the judgment dated 15.02.2007 passed by the High Court Division ......on, the impugned judgment and order of the High Court Division and other papers on record. 8. The learned Counsel submits that the learned Judges of the High Court Division fell into an error of law in applying the principles of Res Judicata inasmuch as the Trade Mark Act is a special law and i..

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

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

....nt case, erred in law in setting aside the PSC's recommendation which was accepted by the Government and issued the appointment letters; that the impugned j order has resulted in miscarriage of justice and the petitioners have been prejudiced thereby." ...... they contested the Rule by filing affidavit-in-opposition stating, inter alia, that they were selected as Assistant Professors of Radiology considering their merit and qualification and accordingly the Government appointed them and they joined different Medical Colleges/Institutions v......volved: A.F. Hassan Arif, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellants (In Civil Appeal No. 209 of 2005). Salahuddin Ahmed, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant (In Civil Appeal No......hy;uments filed and after application of mind, the PSC selected the present petitioners for the post of Assistant Professor of Radiology but the learned judges of the High court Division erred in law in deciding the case without application of judicial mind and without considering the doc..

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. ......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 petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 9......nt May 21, 2007. Lawyers Involved: 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 Hig......It appears that the recording Magistrate has been examined in the trial Court and the defence failed to discredit him in any way either by way of not compliance with the relevant provision of law or to show that the confessional statement so recorded by the recording Magistrate is the produ..

Category: Criminal Law | Date: | Hits: 43

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

....ial court acquitted them of the charge. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Record submits that the judgment and order of conviction and sentence passed have caused miscarriage of justice inasmuch as the conviction has iwyers been solely based on the confessional statements whic......er imprisonment for life as well as to pay a fine of Tk.5,000/- each with default clause as mentioned above and the rest of the accused were found not guilty to the charge leveled against them and accordingly the trial court acquitted them of the charge. 7. Mr. Md. Nawab Ali, the learned ...... Judgment March 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented - the Respondent. Criminal Petition for Leave to Appeal No. 58 of 2004. (From the judgment and order dated 10.11.2003 passed by the High Co......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. ..

Category: Criminal Law | Date: | Hits: 32

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

....he bills issued tokens after taking signature of the party but inspite of the above, the petitioners were convicted without fixing their specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed that appeal holding that P.......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. ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed by the Hi......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. ..

Category: Criminal Law | Date: | Hits: 43

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

....ed that (Text, mixed with Bangla and English…………………) but inspite of the above, the petitioner was convicted without fixing his specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed the appeal holding that P.W.1 Md......Shamsuddin Firoj, the then D.A.O. Khulna, P.W.14 Md. Din-e-Elahi, Auditor, P.W. 16 Md. Afzal Hossain, Superintendent P.W.20 Auditor Md. Sekandar Ali, P.W.21 Tehura Begum, the hand writing expert, and accordingly the learned Divisional Special Judge, in his judgment, has also discussed the involvem......�…….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the High Court D......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. ..

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

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. ......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. ...... Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 passed by the ......dvocate of the petitioners do not support the contention of the petitioners that a decree may be passed even if the plaintiff is found not in possession of the entire suit land and the settled law is that in a suit for declaration of title and confirmation of possession if the plaintiff fai..

Category: Property Law | Date: | Hits: 30

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

....oncurrent findings of the learned trial Court as well as the appellate Court, based on due consideration of the evidence on record and free from any error of law occasioning a failure of justice." 5. Mr. Shaikh Razzaque Ali, the learned counsel appearing the for appellant, ......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. ......ate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. Md. Nawab Ali, Advcate-on-Record - For Respondent No. 1 (a). Not represented - Respondent Nos. 1(b) to 1(i). Civil Appeal No. 20 of 1999. (From the Judgment and Order dated 10-06-1997 passe......either had title nor possession in the land in suit. 4. Leave was granted to consider the following ground: "Because the learned Single Judge of the High Court Division erred in law in reversing the concurrent findings of the learned trial Court as well as the appellate C..

Category: Property Law | Date: | Hits: 24

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......being the last court of fact considered the evidence and came to the decision that the deed of gift was not a genuine document and as such decided the case correctly. The High Court Division also, according to the learned Advocate, considered the facts and circumstances and evidence on reco...... instructed by Syed 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 ...... Ali, learned Advocate-on-Record in support of the etition has taken us through the impugned judgment and order and submits, inter alia, that the High Court Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the exec..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....ext contends that there is a scope for arbitrary exercise of the power and there having no provisions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and order being bad in law are liable to be set aside. ......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......ents Judgment May 02, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Pet......ed 11-04-2001 (Annexure-C) and impugned order dated 06-07-2003 (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 ..

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. ...... found that Poyatu Barman was the tenant of C.S. Khatian No. 116 and Sarbananda and Motinath were the korfa tenants of C.S. Khatian No. 117 which is the undertenure Khatian of C.S Khatian No. 116; according to the provisions of section 48(C) of the Bengal Tenancy Act 1885 if the land of tenant i......ayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents Judgment April 16, 2006. Case Referred to: Rai Krishna Shaha vs. Md. Matleb Ali Pramanik and others, 34 DLR (HCD) 179. Lawye...... 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. ..

Category: Property Law | Date: | Hits: 67

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. ......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. ......1(e), 2(b); 2(c) & 2(e), 4(a), 4(g) (In both the cases). Not represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, 2004 passe......and also could not prove his claim so far the same relates to the land owned by Hemlota. 12. In that state of the matter we are of the view that the High Court Division committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. ..

Category: Property Law | Date: | Hits: 26

Search Options

Judgment Advanced Search