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Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)

....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......d, Court of Wards of Bhawal Estate granted settlement of 7.25 acres and 14.20 acres of land out of total land of 404.50 acres in respect of separate and distinct khatians and plots and there was no dispute of separate and distinct khatians and plots and there was no dispute with regard to the pr..

Category: Property Law | Date: | Hits: 19

Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)

....im for a peri­od of five years from 23.11.2005 and that agreement for lease was executed between the company and the defendant No.1 after paying Tk. 3,00,000/- to the company, on the basis of a resolution of the company, got delivery of possession of the suit land and after getting possession......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..

Category: Property Law | Date: | Hits: 26

Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)

....w of the discussion made above, we do not find any substance in this peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. .......1937 in the names of his cousins name, Abdul Khaleque (defendant No.1) and Abdul Hoque without receiving any consideration money. On the other hand the defen­dant No.1 Abdul Khaleque did not dispute the plaintiff’s case rather by filing written statement he supported the plaintiffs ..

Category: Property Law | Date: | Hits: 19

Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......titioner and Mr. Md. Nawab Ali, the learned Advocate-on-record for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. There is no dispute that the petitioners rendered 9 years 9 months continuous, service as work-charged basis a..

Category: Administrative Law | Date: | Hits: 115

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... 'Ka'; 'Kha', 'Ga' and 'Gha'. 7. Defendants who are heirs of Munshi Mia (son, daughters and wife) filed appeal before the High Court Division. The High Court Division held that there was no dispute between the parties to the genealogy and also there was no objection as to hotchpotch as w..

Category: Property Law | Date: | Hits: 37

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......nd. The High Court Division, after hearing, discharged both the Rules. As it appears during the pendency of the above revisions in the High Court Division the plaintiff/petitioners compromised the dispute with the defendant Nos. 5 and 6 and so the petitioners did not file any leave petition agai..

Category: Property Law | Date: | Hits: 28

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......was obtained by suppression of summons proceeded for deciding and finally decided how far the Court i.e. the Court that passed the decree in Title Suit No. 291 of 1985, was correct in deciding the dispute of the parties of the said suit, that as the plaintiff did not seek for declaration of his ..

Category: Property Law | Date: | Hits: 31

Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)

....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......e above-quoted sections shows that Artha Rin Adalat shall follow and apply the Code of Civil Procedure as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it including execution of its decree insofar as it is not incons..

Category: Civil Law | Date: | Hits: 111

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. ......ve entered into merits of the appeal rather than dismissing the same by applying the principles of res judicata. 9. It appears that the High Court Division not only considered the finding that the dispute with regard to the right of owner­ship and the use of the mark Cannon and the registration ..

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

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. ......0 to be a spe­cial procedural law rather than a sub­stantive law affecting the rights of the parties. It was submitted that where par­ties have agreed that a foreign law gov­erns a dispute, capacity to sue is gov­erned either by the law of the domicile of the plaintiff, which..

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. ......n from Muzaffarapur, Bihar, India. Their father and mother died on 23.05.1984 and 22.09.1984 respectively at Dhaka while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given ..

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. ......r of injunction passed by the learned Munsif and fixed the hearing of the appeal on 11-4-75. The appeal, however, could not be heard as it was being adjourned from date to date. Apprehending that the disputed passage might be locked, the respondend filed an application on 26-5-75 for a temporary inj..

Category: Property Law | Date: | Hits: 31

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. ......uit plot No. 2718 and the remaining portion from suit plot No. 2719 and the plaintiffs) also proved their title and pos­session in the suit land. The High Court Division found that there is no dispute as to the fact that the suit land belonged to Alimuddin who acquired the same by reg­is..

Category: Property Law | Date: | Hits: 19

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......ourt of Appeal below found that the right, title and possession in schedule 'Ka' but has not disturbed the finding of the trial Court regarding schedule 'Kha'. The learned Advocate as well did not dispute regard­ing possession of the plaintiff in R. S. Plot No.3831 and the Court of Appeal be..

Category: Property Law | Date: | Hits: 24

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......in question between the parties in the review petition and as such the petition for review may be kept pending till disposal of the case before the High Court Division since that would resolve the dispute between the parties once for all. The sub­mission so made is of no merit since as it ap..

Category: Property Law | Date: | Hits: 36

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

....Court Division made the Rule absolute. 5. The learned counsel for the petitioner submits that the High Court Division failed to consider that the appellate Court referring to exhibit 5, the resolution taken in the Board meeting of; BOESL regarding the termination of the petitioner, found ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..

Category: Employment/Service Law | Date: | Hits: 71

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....d the present application under sec 81(2) read with sec 85(3) of the Companies Act 1994 for con­donation of delay in holding the AGM though following the said EGM held on 13.12.2004 and based on the resolution passed in it, the Registrar of Joint Stock Companies duly recorded the same and already i......any illegality 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: IV ADC (2007) 855. ..

Category: Business or Commercial Law | Date: | Hits: 151

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......efendants on 22.06.1994; that defendant paid rents for the months from September, 1993 to January, 1995 but did not give any receipt for the said amount and the Bazar Committee could not settle the dispute between the parties and in view of the decision of the Bazar Committee the defendants remi..

Category: Property Law | Date: | Hits: 35

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....d 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: IV ADC (2007) 664. ......for only one year, the claim of the plaintiffs has no legal force as the period of kabuliyat expired. 5. As it appears the High Court Division made the rule absolute holding that there is no dispute as to the fact that the suit land was taken settlement by the father of the plaintiffs from..

Category: Property Law | Date: | Hits: 27

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......sp;  and order dated 23.11.1997. 14. The High Court Division after considering clause 4.0 (Kha) and Section 5 of the Land Reforms Ordinance, 1989 (Ordinance No.1 of 1989) found that any dispute or appeal regarding settlement of the non-agricultural Government khas land lies with the R..

Category: Property Law | Date: | Hits: 29