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M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... Cases Referred to- Zainal Abedin Vs. Bangladesh 34 DLR (HCD) 77; B.S. Yadav Vs. State of Haryana AIR 1981 SC 561; Bishun Narain Vs. State of U.P. AIR 1965 SC 1567; J. Kumar Vs. Union of India (1982) 2 SCC 116. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Senior Advocate..

Category: Employment/Service Law | Date: | Hits: 106

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....ality or infirmity 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: VI ADC (2009) 424. ......asuring 30 decimals; the balance 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, was declared as vested property and was leased out to the defendant No.1 and thus the defend..

Category: Property Law | Date: | Hits: 33

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......cquired a bet­ter title by adverse possession. But the defendant Nos.1 and 2 created a fraudu­lent and collusive power of attorney in their favour allegedly executed by Sudhir Kumar Roy in India 1965 and on the basis thereof also created two registered Kabalas in favour of defendant Nos...

Category: Property Law | Date: | Hits: 23

M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)

....vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137........3-6 contested the suit by filing written statement denying the material allegations made in the plaint. Their case is that Radha Ramon Saha and others the S.A. recorded tenants left this country for India during India Pakistani war in 1965. Thereafter the property was entered into the census list a..

Category: Property Law | Date: | Hits: 29

Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)

....n affirming the judg­ment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ...... consideration money of Taka 1,500 (Taka one thousand five hundred) to Sukumar Bose and on the same date a written agreement was made between the parties. The said Sukumar Bose thereafter left for India for his treatment and died there. Thereafter the father of the respondent-opposite party Nos...

Category: Property Law | Date: | Hits: 23

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......filing written statement denying all the material allegations stating, inter alia, that the recorded owners of the suit property Guru Doyal and Ram Charan Chakraborty left this country in 1965 for India and accordingly, the property was declared as enemy property. The plaintiff created a forged ..

Category: Property Law | Date: | Hits: 22

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....ifests the cor­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......ark "SUPERMAX" registered in the name of the respondent No.1 contending, inter alia, that they are the proprietor of the said Trade Mark. The word "SUPERMAX" with distinctive device was registered in India in the year 1966. Subsequently, the appellant got the Trade Mark "SUPERMAX' registered in thei..

Category: Intellectual Property Law | Date: | Hits: 233

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Involved: B. Hossain, Deputy Attorney General, instructed by Mv..

Category: Administrative Law | Date: | Hits: 144

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......Civil Service Rules for taking disciplinary action against its employee and as such he was entitled to the protection given to the Government Servant under sec­tion 240(3) of the Government of India Act, 1935. Virtually the case was decided on merit and ultimately it was held that the writ o..

Category: Others | Date: | Hits: 224

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......r disposal of this appeal are that the appellants and their predecessors filed the above Case No.566 of 1987 in the Court of Settlement Dhaka stating that their predecessor Md. Hanif migrated from India to the then East Pakistan along with his wife Aliman Khatoon and son Serajul Huq, the petitio..

Category: Property Law | Date: | Hits: 30

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

....lip;……………….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu M...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..

Category: Criminal Law | Date: | Hits: 58

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......umari to adopt a son and Gour Sankar was the adopted son under a deed of adoption. Ext. A (1) executed on 29.7.46. Thus, Gour sankar became sole owner of the suit property. Gour Sankar migrated to India. But Sarna Kumari was living in Mymensingh and maintained her­self out of the income of t..

Category: Property Law | Date: | Hits: 23

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ort of a citizen who wants to leave the country for medical check up and treatment. Right to travel abroad is a funda­mental right as conceived under Article 36 of our Constitution. Supreme Court of India has taken a similar view in the case of Satwant Singh vs. D. Ramarathnam, Assistant Passport O..

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......ors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. M..

Category: Administrative Law | Date: | Hits: 124

Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ority-community, that sum­mons of that suit was fraudulently suppres­sed in that three of the defendants were already dead and most of the other defend­ants  had left Pakistan for India long before the filing of the  suit. 4. The allegations contained in these ground..

Category: Property Law | Date: | Hits: 40

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......ondent No. 2) in his objection petition dated 26.6. 68 spe­cifically admitted sale of the suit land by them to the plaintiff. 6. In the meantime liberation war started and the defendants left for India and after libe­ration when they came back, the plaintiff in order to regularise the transacti..

Category: Property Law | Date: | Hits: 40

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ...... for recovery of possession of the land at any time not later than expiration of two years from the date of publication of the notice. The original Raiyat did not file any such suit on return from India and thus finding of abandonment is confirmed………………....

Category: Property Law | Date: | Hits: 32

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Con­troller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Go­vernor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All Eng..

Category: Constitutional Law | Date: | Hits: 149

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

.... AIR 1965 (SC) 1; Delhi Administration Vs. Ram Sing AIR 1962(SC)63; Lazar Fernando Vs. Amirtham Fernando AIR 1929 Mad. 604; Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq,......dinance read with Drug Act, 1940 have created a Special Court for trying special offence with a special procedure. 8. In the case of Nil Ratan Sircar vs. Laksmi Narayan AIR 1965 (SC) 1. The Indian Supreme Court considered the question of the Magistrate issuing search warrants under the Fo..

Category: Criminal Law | Date: | Hits: 59

Planters (Bangla­desh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 129. ......ed nor any payment was made mere depositing of title deeds did not create any mortgage. No debt, therefore, ac­tually existed. Further, the plaintiff Bank being pressured by the Reserve Bank of India took resort to some fraudulent devices and created the defendant company to which the tea est..

Category: Business or Commercial Law | Date: | Hits: 139