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Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 days from the date of receipt of the copy of the judgment. 2. The facts of the case, in short, are that the writ-petitioner, Dhaka Memon Anjuman, is a charitable organization and ......Dhaka Memon Anjuman, is a charitable organization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed an..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......e of contract and for a declaration that the property was not abandoned property, which was decreed on 7.4.1981 and the sale deed was executed and registered through Court on 5.4.1983 in Execution case No. 65 of 1981. A house survey on 26.4.1984 found the writ petitioner in actual possession. Th......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......resent respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a ......t respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stran..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......ow including the lower appellate Court, the High Court Division without application of judicial mind to the Exhibits Ka(1) and Ka(2) that exhibits has no nexus to the facts and circumstances of the case and without discussion and analysis and giving any reason whatsoever relying on the principle......it No.124 of 1987. 2. Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a preliminary decree for partition to 3.60 acres of land appertaining to C.S. Khatian No.50 of Mouza Chakra under Police Station-Madhupur, District-Ta..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......1993 passed by the learned District Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, Upazila Raig......istrict Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, Upazila Raigonj, District-Sirajgonj admi..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......emption under Section 96 of the State Acquisition and Tenancy Act against Abdul Mannan Chowdhury and Moklesh Uddin Chowdhury respectively in the 1st Court of Assistant Judge, Sylhet Sadar. Both the cases were allowed on 11.05.1974 but no delivery of possession was taken by the plaintiffs. However......Court of Assistant Judge, Beanibazar, Sylhet for declaration of their title and confirmation of possession in the suit property and also for permanent injunction stating, inter alia, that the suit land originally belonged to one Mvi. Ershad Ali Chowdhury and others in their maliki right and one ..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......Aftab Hossain, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that in this case marriage was not disputed. The divorce was registered on 20.01.1996 and a copy of the notice s......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ..Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......learned Sub-Judge and Artha Rin Adalat No.2, passed judgment and decree on 20th day of November, 2000. That after obtaining judgment and decree the plaintiff respondent Agrani Bank filed execution case being Money Execution No. 20 of 2001 under the provision of Artha Rin Adalat Ain, 1990 in the ...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......g of facts of the trial court that the respondent No.1 did not establish any factory on the suit plot in terms and conditions of the lease deed and that the respondent No.1 also failed to prove his case, allowed the appeal in a slipshod and perfunctory manner and the High Court Division also has......as an industrial one and the plot was leased to the respondent No. 1 for setting up a modern printing press and setting up of such modern printing press not being possible on such a small piece of land measuring 421.33 square yards, the respondent No.1 did set up therein a factory for making sma..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......lia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. Khatian No.1287 originally belong......tituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equa..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ...... passed by the High Court Division in First Miscellaneous Appeal No. 234 of 2005 heard with Civil Rule No. 822 (F.M.) of 2005 dismissing the appeal discharging the Rule. 2. The facts of the case, in short, are that the plaintiff, National Bank Limited, with M/S. Arena Industries Limited,......ion 33 of the Ain, 2003 which provides for the procedure for sale proclamation in Money Execution Case No.65 of 2005 which did not give the value of all three properties, specially the value of the land measuring 3 bigha 4 katha in Tejgaon and the building thereon and the land measuring 6 katha 4..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......1A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be quashed……………..(16) Cases Referred to- Abdul Quader Chowdhury vs. Stat......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......titution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. T...... said Act. It was further stated in the writ petition that the State being a party in the case, it cannot and should not decide which sorts of cases would go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction c..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......violation of the stipulation as contained in the User Agreement. The respondent is a party aggrieved within the meaning of section 46 of the Act, The respondent has got strong prima facie case and the balance of convenience and inconvenience is in favour of the respondent and against t......1991; the Bonlac Foods Limited issued a notice of termination dated 7th March 2002 upon the appellant herein terminating the said User Agreement dated 1st July, 1991. It was stated that New Zealand Milk Brands Limited was subsequently appointed as the user of the said trade mark 'Diploma'. T..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......l by leave is directed against the judgment and order dated 30-4-2002 passed by the High Court Division in Writ Petition Nos. 2456 and 2322 of 2001 respectively giving split judgment. 2. The case of the appellant in Writ Petition No. 2456 of 2001 is that the writ petitioner-appellants......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......ions, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied with. Moreover, the service of the petiti......t be exercised fairly, objectively and independently………….(39) Result: The appeals are dismissed. Cases Referred To- BSI Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; Central Inland Water Transport Corporation Ltd Vs. Brojo Nath Ganguly AIR 1986 (SC) 1571; Delhi Transport Corp..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ssessment proceeding cannot operate as a bar to the institution of any criminal prosecution for offences punishable under Chapter XXI of the Income Tax Ordinance. Hence the prosecution of criminal cases for offences under sections 165 and 166 is not dependent on the proceedings under section 93 ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ......restoration inasmuch as when the civil revision was taken up for hearing the learned Advocate, who filed fresh Vokalatnama, was supposed to appear before the High Court Division and argue the case but he prayed for time raising the ground of the death of the sole conducting lawyer and as su...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ...... war of liberation the plaintiffs and their relations entered into the forest land, cut down the trees and cleared the jungles and made an attempt to cultivate the same for which several cases were filed in the court of the S.D.M., Rangpur. The defendant took steps to evict the illegal......he suit. 3. The plaintiffs filed the aforesaid suit (Other Suit No. 20 of 1993) in the court of the Assistant Judge, Birampur, Dinajpur for a declaration that the suit land measuring 4.75 acres of land is comprised of a mango garden having 74 mango trees standing the..Category: Property Law | Date: | Hits: 23
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