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Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......bsequent to the SA Khatian. Since the plaintiffs had been in exclusive possession of the entire land of CS plot No.313 openly, notoriously and continuously for more that 16 years beyond the statutory period of limitation, right, fide and interest, if any, of the sons of Kadam Ali in that plot had be..

Category: Property Law | Date: | Hits: 55

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... well as purchase. The opposite party Nos.2 and 3 mortgaged a part of their share inherited from their father, Rangu Mia to Rafiqul Islam, full brother of the opposite party No.1 on 8.3.1973 for a period of 15 years. Recently Rafiqul Islam disclosed that the opposite party Nos.2 and 3 sold the ..

Category: Property Law | Date: | Hits: 91

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......nction was obtained or even asked for by the prosecution for prosecuting the accused petitioner against whom the offence under section 5(i)(c) of the Act was alleged to have been committed during the period while he was admittedly in public office as the president. In the absence of sanction the fra..

Category: Criminal Law | Date: | Hits: 286

Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)

....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ...... there is no immediate prospect of arresting him, it shall, by order published in the official Gazettee and in such other manner as it may deem fit, direct such person to appear before it within such period being not less than thirty days from the date of publication of the order, as may be specifie..

Category: Criminal Law | Date: | Hits: 86

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176.......o transfer the suit land in favour of the plaintiff on fixing a consideration money of Tk. 1,00,000/- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stipulation that within a period of 3 years after receiving the balance consideration money, he will execute and register the ..

Category: Property Law | Date: | Hits: 70

State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ...... convicted the respondent and awarded sentence. 6. On return of the normal situation in the country after lifting of emergency the accused respondent was arrested on 10.12.2008 and was serving the period of sentence. 7. The convict-respondent then filed Criminal Miscellaneous Case No.422 of 20..

Category: Criminal Law | Date: | Hits: 67

Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......ls on record. It appears that the opposite party as plaintiff instituted Money Suit No. 14 of 1986 for realisation of money amounting to Tk. 1,561,569.38 stating that the defendant during his service period from 1981-1982 under the plaintiff-mill caused financial loss to the plaintiff by purchasing ..

Category: Civil Law | Date: | Hits: 97

Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)

....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156....... 26th June, 1990 the petitioners filed an application praying for recording an order of abatement of the suit for the failure of the plaintiffs to bring the heirs of the deceased on record within the period of limitation. On behalf of the plaintiffs an application was thereafter made on 12th July, 1..

Category: Civil Law | Date: | Hits: 93

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......tries the petitioner has no obligation. And the Ministry of Industry being fully aware of its obligation made a request on March 7,1983, Annexure‑H, to the Ministry of Defence to extend lease for a period of 20 years. But the lease was extended for 5 years only from 31st March, 1983 by an order da..

Category: Property Law | Date: | Hits: 92

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......itance to which he is subject; (b) When he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the revenue officer; (c) When he voluntarily abandons his residence without making any ..

Category: Procedural Law | Date: | Hits: 72

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......Trade Mark Application No.1 of 2001 is the owner of Trade Mark Nos.29058 and 29059 in Class-29 with effect from 12-7-1989 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-1996. That KAS Dairies Ltd (hereinafter called "the company..

Category: Intellectual Property Law | Date: | Hits: 270

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......ed 12-8-2009 the High Court Division dis­missed the appeal upholding the judgment of the Tribunal and maintaining the order of conviction under Section 19A and 19(f) of the Arms Act, but reduced the period of sentence under Section 19A of the Arms Act from 14 years rigorous imprisonment to 10 years..

Category: Criminal Law | Date: | Hits: 64

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......ule issuing order the proceeding of the Artha Execution Case No.153 of 2010 arising out of Artha Rin Case No.153 of 2009 was stayed initially for 3(three) months and subsequently extended for further period of 3(three) months by order dated 06.04.2011. 3. Material facts necessary for disposal of ..

Category: Civil Law | Date: | Hits: 147

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......of the trust and save the Charitable institution from ruin and in consideration of the resolution of the committee the AD (Rev) appointed the Thana Revenue Officer, Saturia as a Trustee for a limited period till regular trustee was appointed. He further stated that appellant No.2 Ramendra Nath Roy C..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......y transferred to the applicant, and as such, the applicant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (vi) of the Act for the period in question." 2. In view of our judgment in application No.45 of 1985 we also hold that fo..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....t case, certified copy of the impugned kabala shows that the kabala was registered on 9.10.2001 as per provision of section 60 of the Registration Act and the present case was filed long lapse of the stipulated time of limitation on 17.05.2003. 11. During trial 4 witnesses were examined by the pr......became co-sharer to the case jote by inheritance, both of them possessed thereon and as such, it cannot be said that the pre-emptor-opposite party was totally unaware about the impugned kabala over a period of 1(one) year and 6 months. The learned Advocate finally submits that the proposition of law..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......decision or action concerned or making the decision by the higher administrative authority as the case may be and that the petitioner has filed the case before the Administrative Tribunal within that period and as such the decision of Administrative Appellate Tribunal should be set aside. He further..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......th as 30.11.1942. The writ petitioner was compelled to go on retirement with effect from 25.11.1999 and he was also asked to refund the money drawn by him by way of salary and benefits for the excess period upto February, 2002. It was the claim of the writ petitioner that the affidavit containing hi..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......i Beel Fishery for 1397 BS to 1399 BS in favour of the petitioner was illegal and without jurisdiction as the government had already leased out the said fishery in favour of the respondent No.1 for a period of 6 years from 1394 BS to 1396 BS and from 1397 BS to 1399 BS under a development scheme and..

Category: Civil Law | Date: | Hits: 87

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....g her application under section 233 of the Act in Matter No.150 of 2005 was pending before this Division. This shows that appellant wanted to have a favourable order by-passing the legal procedure as stipulated in the Act as well as the law of the land. In view of the discussions made hereinbefo......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235