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Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......7, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong long before the liberation of Bangladesh and also from 15.01.1971 when the declaration of gift was made. After liberation of Bangladesh the case properties were declared as abandoned properties vide Memo No.1574 dated 12.06.1972 issued by ......he case properties. 3. Respondent No. 1 in affidavit-in-opposition contended, inter alia, that Mokter Ahmed Ansari and Peshkar Ahmed Ansari were two brothers who on 22.02.1960 purchased the lands question by two registered deeds from one Babu Kader Nath and thereafter constructed two apar..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......eversing the judgment and order dated 20.02.1993 dismissing the Miscellaneous Case No. 28 of 1991 registered under 9 Rule 13 read with Section 151 of the Code of Civil Procedure. The Miscellaneous case was filed seeking setting aside of the ex parte decree dated 12.12.1984. 2. Short facts ....... 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declaration that the Memo No.560 dated..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......resent: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Sushil Kumar Ghose & another………………Petitioner (In all the cases) Vs Md. Nurul Howlader & others......Respondents (In all the cases) ......7 and Miscellaneous Case No. 32 of 1986 subsequently renumbered as Miscellaneous Case No.41 of 1976 respectively against the common pre-emptee, Md. Nurul Haque Howlader for pre-emption of the case lands (18½+.13+ 21¼ decimals) measuring in total .53 decimals of land sold unde..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......is name and there is no basis for R.S and S.A record. Hence the suit. 3. Defendant Nos.2, 3 and 6 filed a joint written statement and defendant Nos. 27-29 filed another written statement. The case of the defendant Nos.2, 3 and 6 is that Nasaruddin died leaving behind his son Hamijuddin and ......Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant is void stating, inter alia, that 60 decimals of land of Mouza kashipur under R.S. Khatian No. 2044 P.S. Barisal Sadar belonged to Nasaruddin in 16..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......hird Judge of the High Court Division passed in Death Reference No.81 of 2003 (heard analogously with Criminal Appeal No.2798 of 2003 and Jail Appeal No.842 of 2003) holding that although the whole case was placed before him, he will confine the hearing only on the aspect of sentence and not on ...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ...... of village Mahatala with the Phulbaria P.S. Mymensingh. 5. The learned Counsel further submits that so far the appellant Tara is concerned the High Court Division failed to distinguish his case from the case of accused Shamsuddin inasmuch as Tara did not make any confessional statement a......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ...... Appeal No.294 of 2003 arising out of Arbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's lan......t District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case ..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. ......1. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 117
Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)
....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. ......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. ......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)
....t decision and 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: ......2002 making the rule absolute and thereby setting aside the judgment and order dated 12.3.1994 of the 1st Court of Settlement passed in Settlement Case No.920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the “......t decision and 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: ..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ...... learned Advocate for the petitioner issued rule and granted stay on 24.09.2007 and stay was further extended on 30.10.2007 till hearing of the writ petition No. 8254 of 2007. 4. The facts of the case of the petitioner are as under:- 5. The petitioner is a law abiding and peace loving citize......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)
....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......nding, inter alia, that the plaintiff has got no cause of action to file the suit. The same is hit by section 42 of the S.R. Act. They also alleged that the suit is bad for defect of parties. Their case is total denial and inter alia case was that the defendant No. 17 Abdul Ghani got his right, ......Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Hashem Sk. Jobed Sk. Wakhiluddin Sk. to the extent of ..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ...... 6. 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......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..Category: Intellectual Property Law | Date: | Hits: 231
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......ption of the mortgaged property without any issue leaving behind 12 cousins as her heirs and the present plaintiffs are amongst the aforesaid 12 heirs of Kadbanu Bewa. The plaintiff’s further case is that the defendant Nos.8-72 are the purchasers and have been in possession. Their further c......e for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as described in schedule 'ka' to the plaint, belonged to one Alep Khan who died leaving behin..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....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. ......ccordance with the provisions of Rule 4 of the chapter VII of the High Court Rules for final decision. Accordingly a Full Bench was constituted. The questions as formulated by the Court referring the case at the time of hearing of the Rule are (1) whether the pecuniary jurisdiction of the District J......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)
.... 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. ......llip;……………. Petitioners (In Civil Petition No. 993 of 2005) Vs. Jamuna Television Limited & Others..........Respondents (In both the cases) Judgment April 30, 2008. Lawyers Involved: ...... 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)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ce no suit has been filed within the prescribed period, the title of the plaintiff extinguished under Section 28 of the Limitation Act, the courts below committed no illegality in the facts of the case in dismissing the suit, the High Court Division on taking an erroneous view of the entire matt......laintiff instituted Title Suit No. 214 of 1973 which was subsequently reÂnumbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule..Category: Tenancy Law | Date: | Hits: 141
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....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. ......late Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No. 8 of 1998 reversing those dated 12-1-1998 passed by the learned Member, Administrative Tribunal Case No. 3 of 1996 allowing the case by declaring that the dismissal order dated 28-1-1995 passed by the Superintendent of Police, ......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)
....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. ......nce 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 born in 1927 ...... Commissioner (Land), Sylhet, Sadar upon inquiry and the inquiry was held and the Assistant Officer, Land, Chak Sultanpur Union, Land Officer, Sylhet Sadar submitted a report to the effect that the land belonging to the petitioner comprising plot No. 840 has been declared an enemy property i..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... 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. ......t No. 1 in violation of the terms of trust receipt did not deposit the same price except Taka 8, 77,500. Respondent No.1 having thus committed criminal breach of trust the Bank instituted criminal case against him which is still pending for disposal. The respondent Nos. 1 and 2 thus having faile...... 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
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