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Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... 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. ...... 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. ......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..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. ......g the material averments made in the plaint and stating, inter alia, that the suits are barred by limitation, that the description of the land is vague, that 10 gondas of the land of patta in question belonged to their predecessor Mujaffar and he also purchased 10 gondas land of the said pa......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. ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......t Air Blower and Amonia Gas. The plaintiff further alleged that the defendant No.5 Bangladesh Krishi Bank has not yet arranged to import of Air Blower and Arnonia Gas, without which the project in question is not able to go into operation. The 2nd installement of the machinery were kept lying at......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..Category: Civil Law | Date: | Hits: 103
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
.... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......premises to the writ petitioner within two months from the date of receipt of the order. But inspite of communication of the order of injunction to the Rajuk, they illegally leased out the plot in question in favour of 3(three) different persons and renumbered the petitioner's demised plot ......d sub-divided into Plot Nos. 5, 5A and 5B and allotted to the writ petitioners of Writ Petition Nos. 4311 of 2004, 575 of 2004 and 5972 of 2003. 10. In the background of the above facts, Writ Petition No. 2301 of 1992 was filed and Rule was made absolute as noticed earlier with ..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... Mr. Ajmalul Hossain QC, the learned Counsel appearing for the petitioners submitted that the High Court Division failed to appreciate that when the parties agreed that the Investment Agreement in question "shall be governed by and construed in accordance with the law of England", they......to the contract. The learned Counsel has further submitted that the in respect of the fact that the parties by contract have chosen English law as the governing law, the said provision in the facts and circumstances of the case being against publiy police is not enforceable. 5. Mr. A..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......um to the Government. He entered into an agreement for sale of the said property on 01.11.1963 with the writ petitioners' mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14.11.1963. Their mother was possessing the property thr......ndents represented by the Secretary, Ministry of Works and others against the judgment and order dated 23.02.1993 passed by the High Court Division in Writ Petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late M..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ell settled that, apart from the provisions of Order 39 a Civil Court has power to issue a temporary injunction in the exercise of its inherent jurisdiction. The Dacca High Court had to consider this question first in the case of National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, reported in......er 39, rule 4 of the Code of Civil Procedure for vacating the said order of ad interim injunction. Learned Munsif rejected the said application by his order dated 1-4-75 and pointed out that no new facts having been placed before the Court by the appellants, is would be self-contradictory to allow..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ...... to appeal is directed against the judgment and order dated 10.07.2004 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1195 of 2004 allowing the appeal. 2. Short facts are that on 17.01.2003 one Shah Alam Molla lodged F.I.R with Muladi Police Station, District..Category: Criminal Law | Date: | Hits: 54
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......h Court Division) on the point of possession of the plaintiffs the High Court Division considered the evidence of the witnesses examined by the plaintiffs and also the evidence of the D.Ws. on the question of possession and thereupon held that the plaintiffs are in possession of the land in suit......tailed discussions of the materials on record held that there was no case for applying the principle of Section 43 of the Transfer of Property Act. The High Court Division in the background of the facts and circumstances of the case held that Ext. C i.e. the kabuliyat by which defendant No.7 too..Category: Property Law | Date: | Hits: 21
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......is directed against the judgment and order dated 31.08.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 4511 of 2005 making the Rule absolute in part. 2. Short facts are that the petitioners are class three and class four employees of the Jatiya Sangshad Sac..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......;lier then the defendant's kabala so their kabala Ext. 4 will prevail over the kabala of defendants". The High Court Division further found that the learned District Judge, the final court of facts, having come to the conclusion that the plaintiffs have proved their possession in the suit l..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......and the High Court Division after hearing made the Rule absolute. 3. The learned counsel appearing for the defendant No. 21 petitioner submitted that the appellate court, the final court of facts, on consideration of the evidence and other materials on record allowed the appeal and the Hi..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......ict Judge, 2nd Court, Noakhali in Miscellaneous Case No. 39 of 2001 restoring Miscellaneous Case No. 5 of 1998 (Pre-emption) upon an application filed under Order 9 Rule 9 CPC. 2. Brief facts are that late Munshi Aminullah, the predecessor of the respondent Nos. 1-7, filed the ab..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......e possession of the plaintiff in the suit land is permissive and if possession is found to be permissive at its inception the possessor cannot claim adversely to the grantor of the possession and the question of adverse possession does not arise where there has been no refusal on the part of the pro......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......89 praying for local inspection admitted that on 12.5.89, which is two and a half months before the institution of the suit, the road was constructed; admittedly the road in question is an old one and it is the reconstruction of the public road to connect villages th......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......le. 7. As against the aforesaid contention of the petitioners it was contended on behalf of the opposite party No.1 that the suit as framed was not maintainable since complicated question of title was involved and as such appellate court was quite correct in dismissing the suit...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ...... completion of the Project. 6. The High Court Division after hearing the parties made the rules absolute and in Writ Petition No. 8254 of 2002 held, "this Court finds that in the facts and circumstances of this case the amendments introduced in the Project Pro-forma b..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......record in its entirety evidence lead from the plaintiffs side appears to be more reliable and the witnesses examined by the plaintiff appears to be more competent than that of the defendant on the question of possession as well as to the genuineness of the deed of gift, that defendant No.1 has n......ase of Sardar Gurbakhsh Singh Vs. Gurdial Singh and another reported in AIR 1927 (PC) 230 wherein it has been observed that party to the suit should be offered as witness. In the background of the facts of the instant case we are of the view that the defendant No. 2 as had no interest in the lan..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ...... Governor General, Pakistan reported in 7 DLR (FC) 395. 11. Lastly the learned Additional Attorney General contended that there being grave situation prevailing in the country during the period in question the Government was obliged to issue the order of detention and it being an order made by th......and the Courts are and should be reluctant to decide a constitution point merely as a matter of academic importance." 27. Taking into consideration of the observations noticed above and in the facts and circumstances of the case we are of the view that the subject matter of the appeal being a..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......as suggested by the inquiry committee is in no way justify that the offence alleged was not committed by the respondent. 4. It appears that the respondent was not in charge of cash in question, but he had a duty to check the illegalities/irregularities, if any, committed by the Cash......o.101 dated 31.10.1995 pending in the Court of Divisional Special Judge, Dhaka, so far it relates to the accused Respondent. 2. The facts, in short, are that the accused respondent served as a Junior Accountant during the period fo..Category: Criminal Law | Date: | Hits: 62
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