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Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)

....as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ......gment 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. Syed Mahbubur Rahman, the learn......al Court was that he (plaintiff) instituted Title  Suit 91 of 1999 in the Court of Senior Assistant Judge, Saturia, Manikganj praying for a preliminary decree for partition of .10 decimals of land out of R. S. Plot Nos.172 and 178 of Mouza Dasra under police Station and District Manikganj, ..

Category: Property Law | Date: | Hits: 22

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. ......harge their con­signment of High Speed Diesel till production of no objection letter issued either by the Energy and Mineral Resources Division or by the Bangladesh Petroleum Corporation. Their case, in short, is that in pursuance of the import policy announced by the Government they importe...... 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. ..

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. ......of 2003 dismissing the appeal with cost and affirming the judgment and order dated 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......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. ..

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

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

....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ...... and qualification and accordingly the Government appointed them and they joined different Medical Colleges/Institutions vide memo dated 16.03.2004 (Annexure-D-1 to the writ petition). The further case is that the writ petitioners filed the writ petition after undue delay, moreso, when the petit......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..

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. ......o suffer rigor­ous imprisonment for 10 (ten) years. The High Court Division reduced the sentence of imprisonment from 10(ten) years to 6 (six) years rigorous imprisonment. 2. Prosecution case, in brief, is that the Manager of the BRAC, Munshigouj, his wife and other employees of his o...... 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. ..

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. ......ppeal No. 1256 of 1994 dismissing the appeal with modifica­tion of the date of commencement of their sentence in view of section 35A of the Code of Criminal procedure. 2. The prosecution case, in short, is that in the night following 18.7.1990 dacoity was committed in the house of the......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)

....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. ......(In Criminal Petition No. 117 of 2004) Sheikh Abul Hossain and others......Petitioners (In Criminal Petition No. 118 of 2004) Vs. The State..............Respondent (In both the cases) Judgment April 29, 2007. Lawyers Involved: Khondakar Mahbub Hossa......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)

....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. ......ment for 3 (three) years and also to pay fine of Tk. 500/- and in default to suffer simple imprisonment for one month more with a direction that the above will run concurrently. 2. The prosecution case, in brief, is that Md. Ataur Rahman Mia, District Anti-Corruption Officer, Khulna lodged a F.I.......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

Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ...... order dated June 29, 1987 passed in Miscellaneous Case (pre-emption) No. 6 of 1984 of the Court of ssistant Judge, Nangalkot was fraudulent and as such liable to be set aside. 2. It was the case of the plaintiffs that certain Elahi Baksha had interest to the extent of 8 annas 6 gondas and......who died leaving 2 sons, defendant No.1 and another and 2 daughters, that Hasanuzzaman died leaving 3 sons and 3 daughters, that defendant No. 10, daughter of Ellahi Baksha transferred the schedule land to her co-sharer defendant No.9 and he is possessing the same, that defendant No. 9 transferr..

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. ......e even if he proved his title to the suit land; though Exts.4 and 4(A), the rent receipts, are not forged as found by the appellate court but even then this position will not in any way improve the case of the petitioners as they failed to prove their possession in the entire suit land. 7.......dah in Title Suit No. 412 of 1987 dismissing the suit. 2. The petitioners instituted above Title Suit No. 412 of 1987 seeking declaration of title and confirmation of possession in the suit land stating, inter alia, that Thomas Twudi possessed the suit land through bargadars and Rakhal C..

Category: Property Law | Date: | Hits: 30

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ...... seeking declara­tion that the kabala bearing No. 5994 of the year 1969 executed by Md. Aslam in favour of the defendants is illegal, fraudulent and not binding, upon the plaintiffs. It is the case of the plaintiffs that the land in suit belonged to Munshi Abdul Halim and he gifted the same ......ted the prayer for temporary injunction made by the defendant Nos. 1-6. The trial Court by its order of temporary injunc­tion restrained the defendants from dispossessing the plaintiff from the land in suit till disposal of the suit. 2. The defendants filed a petition seek­ing inj..

Category: Property Law | Date: | Hits: 29

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. ...... and their vendors have and had 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 appel­lat......3, the kabala bearing No.19698 dated March 28, 1983 and the kabala bearing No. 16758 dated 13.12.1989 are void, collusive and fraudulent. 3. The suit was filed stating, inter alia, that the land in suit belonged to Manada Chandra Ghosh. He borrowed Tk. 1,000/- from Nagesh Chandra Ghosh an..

Category: Property Law | Date: | Hits: 25

Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)

.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ...... 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..............Respondent (In all cases) Judgmen...... judgment and decree dated October 31, 1996 of the Additional Court of Assistant Judge, Gazipur in Title Suit No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and dec..

Category: Property Law | Date: | Hits: 19

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

....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. ......essore, in respect of the suit land restraining the respon­dent from disturbing the appellant there­fore or interfering in any way with the peaceful possession of the appellant therein. The case of the appellant was that the land in suit was government khas land. And government granted l......ing the same. 2. The appellant herein as the plaintiff instituted above title suit for permanent injunction against the respondent in the 3rd Court of Munsif, Jessore, in respect of the suit land restraining the respon­dent from disturbing the appellant there­fore or interfering i..

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. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Moulavi Abdul Kader.........Petitioner (In both the cases) Vs. Mozammel Haque & ors....... Respondents (In both the cases) Jud......tioner (the defendant) against the same judgment and order in Civil Revision No.774 of 2002. 3. The petitioner as plaintiff instituted Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonge..

Category: Property Law | Date: | Hits: 24

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

....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. ......Brick Field in 1995 for a peri­od of 5 years. Thereafter, in the year 2000, on prayer of the petitioner his licence was renewed for further period of 5 years being valid till 03-09-2005. The further case of the petitioner is that in the mean­time, the Government issued a Gazette Notification dated...... The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the Upazila Chairman, Katchua, Chandpur, in the year 1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field ..

Category: Environmental Law | Date: | Hits: 517

Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)

.... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..

Category: Employment/Service Law | Date: | Hits: 72

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. ......tion 48(C) of the Bengal Tenancy Act 1885 if the land of tenant is auction sold, the possession of korfa tenant is extin­guished and so after such auction sale there is no necessity to file any case against korfa tenants after issuing any notice upon them, the plaintiff No. 1 claimed portion......Kurigram in Other Class Suit No. 37 of 1994 decreeing the suit in preliminary form. 3. The petitioners filed the above suit praying for partition after declaration of their title in the suit land contending, inter alia, that the suit land appertaining to C.S Khatian No. 117 measuring 2.01..

Category: Property Law | Date: | Hits: 67

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. ......d under section 73 of the Trade Marks Act, 1940 for restraining the defendant petitioners and others; from selling and supplying the water pump 'PEDROLLA' imported from China. 2. It was the case of the plaintiff that he is the sole distributor of the Italian manufactured world famous wate...... 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. ......vil) 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@ Nurullah being dead his heirs 1(a) Monjuma Begum and others &...... 5 and another Title Suit being No. 6 of 1968. The trial Court declared the title of the plaintiffs of the aforemen­tioned suits and also passed a decree for recovery of khas possession of the land of the plot numbers as regard which the suits were filed upon evicting the con­testing def..

Category: Property Law | Date: | Hits: 26