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Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......xtent of 1 (one) anna each and accordingly the C.S. Khatian was prepared in their names correctly. That said Molamdi Sk. died issueless and his brother Ebrahim Sk. inherited his (Molamdi) share in full and thus Ebrahim Sk. became owner in the suit jote to the extent of 2 annas and he being in ri......29.03.1940 and that they obtained a kabala and thereby purchased 9 kathas of land vide registered kabala dated 18.09.1995 A.D. Ebrahim and Molamdi, the predecessor. Interest of Bosiruddin Sk. mortgaged his share with Jotindra Nath Singha who entered into possession over the said mortgaged and pu..Category: Property Law | Date: | Hits: 26
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ...... forum." 11. The High Court Division further held that under Section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo-motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any court Subordinate t..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......ate granting NOC and to obtain a valid licence for establishment and operation of a telecommunication system as per requirements of the law, the Ministry of Information had to issue the letter with full lawful authority. It is further stated that the NOC had lost the legal basis, if any, after th......ted a 'No Objection Certificate' in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the meantime, the Bangladesh Telecommunication Act, 2001 (shortly the Act) came into fo..Category: Information Technology Law | Date: | Hits: 321
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ed 8-9-1998, the petitioner being a sexagenarian made all out efforts to get the case property released, but without any result. Be that as it may, the petitioner being a purdanashin ordinary woman was not aware of the inclusion of the case property in the he 'Ka' list of abandoned building......eing House No. J-59, Sherioil, Police Station Boalia, District Rajshahi by virtue of 5 (five) registered title deeds of the year 1974. Since 1974 she has been possessing and enjoying the same peacefully and uninterruptedly by getting her name mutated in various departments with reference th......92, she paid rent to the revenue office and municipal taxes in respect of the case property. However, on 16-10-1974 the Executive Engineer, C & B, Rajshahi and Secretary, Abandoned Property Management Board, Rajshahi served a notice upon the husband of the petitioner for eviction from the ca..Category: Property Law | Date: | Hits: 23
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......, that he is the Managing Director of the above company and the bank gave a loan of Taka 1,40,00,000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave p......f sub-section (2) of section 12 of Ain 2003 do not apply to instant suit because no property of the company or the respondent No. 8 was in possession and control of the bank by way of lien or mortgage; further, sub-section (3) of section 12 provided that if any financial institution advance..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... 11. The High Court Division further held that under section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any Court Subord..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......no reliance on the P.Ws.2 and 3 who were examined to corroborate the P.W.1 as regard the matter of pattan. 7. It was the case of the plaintiffs that talk of the pattan took place with the Manager of the Zamindar. In that background the appellate Court observed that no material was brought ..Category: Property Law | Date: | Hits: 24
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ...... him a fresh appointment in a project as work-charged Assistant Engineer on 24.10.1967 on humanitarian ground. There he rendered services for 25 years and took retirement on completion of 57 years of age on 21.11.1992. During his long service as work-charged employee he submitted applications on 3.8..Category: Administrative Law | Date: | Hits: 136
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....en absconded. Thereafter on 6.11.2002 at 6/6.30 p.m. informant P.W.1 Ali Hyder, the S.I. of Demra Police Station on information went to Dogair Purbapar and recovered the naked dead body of a young woman from WAPDA canal and prepared inquest report on it in presence of witnesses. The neck and leg......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....pazama and black borkha and she did not return thereafter as a result of which the informant and other inmates of the house began searching for her and ultimately heard that the dead body of a woman was floating in the water of Chandrabati Indara near Boalmari field. P.W.1 then accompanied ......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......a kabinnama at Dhamurhuda Kazi Office beyond the knowledge of both the families about one year before the occurrence. Parents and other relatives of Minarul Islam did not approve the marriage and after the marriage, Minuara continued to live at the house of her father P.W.7 Shair A..Category: Criminal Law | Date: | Hits: 33
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......rom Singapore for Bangladesh and with the above findings of the Collector of Customs, this Court cannot interfere." 9. Accordingly since it was established that the containers were full of the offensive goods when the vessel sailed from Singapore and when it is also an admitted f...... The respondent No.1 filed the above writ petition stating, inter alia, that M.V. HOENG LEE, a sea going vessel, carried merchandise from Singapore to Chittagong on several occasions and in its voyage from Singapore to Chittagong the above vessel after discharging imported goods at Chittagong Po..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......rt. In this connection the case of Danish Ali and others Vs. Sakina Bai and others reported in 4 BLC (AD) 68 may be referred to. In that case it was held that the High Court Division cannot grant full relief by way of disposing a revisional application summarily without issuing any Rule an......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
.... plaint and stating, inter alia, that Fuljan Bibi used to possess the land in suit through her husband Habil who died leaving brother's son, defendant Nos.4 and 5, that Fuljan Bibi was a pardanshin woman and she became ill in the middle of Magh, 1368 B.S. and the plaintiff visited Fuljan Bi......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ..Category: Property Law | Date: | Hits: 24
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. .......4 did not claim any portion in the suit land and lived elsewhere, Padma Bibi and Dhalu Bibi being pardanashin as well as illiterate, during M.R.R. operation, the defendant No. 1 taking that advantage created M.R.R. Khatian in the name of Maheskhali High School and subsequently the def..Category: Property Law | Date: | Hits: 29
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. ...... 3. The Miscellaneous appeal has been contested alleging that the petitioner was a defaulter and had full knowledge of the auction proceeding. Though he entered into appearance but he did not take an......tion 33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. So, the subsequent steps taken under Section 33(4) of the Artha Rin Adalat Ain, 2003 was illegal. Further the valuation of the mortgaged properties has been assessed at a shockingly low rate. The plaintiff bank assessed the valuati..Category: Business or Commercial Law | Date: | Hits: 82
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. ......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. ...... Court of Additional Sessions Judge, 1st Court, Noakhali. 4. The facts leading to the case, as stated by the writ-petition, are that on 12-8-2001 one Didarul Islam, son of Md. Mostafa of Village-Rampur, Police Station Companigonj, District-Noakhali, a local leader of BNP lodged a first info..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. ......pondents Judgment July 15, 2008. The Trade Mark Act, 1940, sections 8, 24 and 46 The appellant having entered into the User Agreement with the Respondents and having full knowledge of the ownership of trademark of the respondents, committed fraud upon the Registra......filed the Trade Mark Application No. 9 of 2002 before the High Court Division under section 46 Of the Trade Marks Act, 1940 stating, inter alia, that the petitioner Bonlac Foods Limited has been engaged in the business of manufacturing and marketing of dairy products including powdered milk..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. ...... under sections 7(Kha)/10/12 of Public Safety (Special Provisions) Act, 2000 stating, inter alia, that the informant was on duty in the department and the writ petitioner-appellant being armed forcefully entered inside the office and asked to see whether his name was printed or not. The informan......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
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. ...... PC 82 may be cited as authority on the point. SancĀtion is intended to check and eliminate frivolous and vexations prosecution. If the letter for sanction or consent for prosecution contains the full facts consĀtituting the offence it should be taken to be a valid sanction. 15. Mr. Ho......d a total amount of Taka 46,74,99/- as income tax since tax year 1980-81 to 2006-2007, After the emergency was proclaimed in the country the respondent was arrested on 4-2-2007 by the law enforcing agency and subsequently detained in the Chittagong Central Jail by an order of detention dated 5-2-..Category: Fiscal/Taxation Law | Date: | Hits: 97
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......they were in ejmali possession, Aslam died leaving two daughters Sonia Bibi and Konai Bibi defendant No. 6 and 7 and his wife Eastar Bibi @ Ustarunessa, predecessor of defendant Nos. 6-13 and full brother Anfar and full sister Sagira and that Sagira died leaving son Jafar All and thereafter......th Aslam, son of Md. Hekim. This is in fact a third case made out at a very late end of the day. The case of alleged settlement is not available in the pleadings of the defendants or at any stage of hearing before the trial court or lower appellate court, the courts of fact. The story thus ..Category: Property Law | Date: | Hits: 26