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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. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â......without trial for an indefinite period and it is a fundamental right of an under-trial prisoner to get speedy trial and that the Act XXVIII of 2002 providing for speedy trial by Tribunal is legal and proper; that sections 5 and 6 of the Act XXVIII of 2002 having been challÂenged in writ jurisdictio......ong for no fault of him nor there should be delayed justice, ultimately resulting in negation of justice. 22. The recent trend of delay in disposal of criminal cases has created havoc in the adjudication of justice depriving the parties to get fair and imparÂtial justice within a reasonabl..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....ion of a trade mark consisting of the word 'Diploma' and accordingly, the same was registered in favour, of the appellant under Application No. 33243 of 11th August, 1991 for Powdered Milk in complete derogation of the provisions laid down in Sections 10(1) and 8(a) of the Trade Marks Rule......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade ......tained distinctiveness and has become distinctive of the products manufactured and marketed by the respondent No.1 under the aforesaid trade mark 'Diploma'. The trade mark connotes and denotes the property of the respondent alone and none else, hi fact, the trade mark 'Diploma' has become integr......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. ..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....urn is filed and the Deputy Commissioner of Taxes is not satisfied without requiring the presence of the person who filed the return or the production of the evidence that the return is correct and complete, he serves on such person a notice requiring him to appear before him on specified date o......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan......eeding relating to an assessment in respect of the same income year, concealed particulars of his income or furnished inaccurate particulars of such income or understated the value of any immovable property in connection with its sale or transfer with a view to evading tax, he or it may impose up......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ...... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh represented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o......missing the suit which was decreed by the trial court on the ground that the suit land being a mango garden not being a forest or waste land was not liable to be vested in the Forest Department for proper conservation and management. 8. The short fact leading to the filing of the aforesaid......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
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. ...... LG (2007) AD 231. ....... 3-4 and widow defendant No. 5 and that by way of devolution and inheritance defendant Nos. 1 and 2 got 2 pons 16 gandas each and defendant No. 5 got 1 pon 3 gandas 3 Karas and 2 kranti in the suit property and they were in ejmali possession with defendant Nos. 6 to 13 and that Ustari Bibi w......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. ..Category: Property Law | Date: | Hits: 26
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Ohidul Islam and others…………………………Petitioner......ndent No. 2 should not be declared to have been made without any lawful authority and is of no legal effect, or such other order or further or orders be passed as to this Court may seem fit and proper. Pending hearing of the Rule, let the respondents are directed to redeploy the Ansars in &l......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ..Category: Property Law | Date: | Hits: 24
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....Basiruddin, the defendant No. 1 in favour of Nur Mohammad Khan with registered agreement to reconvey the land vide Ext-B of the same date, the transferee acquired the right to possess the land as a complete unfructuary mortgage and after repaying of the consideration money, the transferor got de...... Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: ...... title and possession in the suit land without making a correct approach to the pleadings of the parties and the evidence on record. It is not denied that Bachcha Mia and Basiruddin sold their properties out of suit Plot No. 350 and 379 to Nur Mohammad Khan, the predecessor-in-interest of th......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......: V ADC (2008) 420. ...... allowing the Miscellaneous Case arrived at the finding that the summons by registered post was not served on the defendants and that the summons shown to have been served on the defendants was not proper service on all the defendants and that plaintiffs obtained the ex parte decree on the basis ......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ..Category: Procedural Law | Date: | Hits: 78
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......ivil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 2007. Lawyers Involved: ......at he token certified copy of the kabalas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case under Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed that he is in possession of the dispute...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....h he expressed his desire to make gift of his entire share to the defendant No.1 and that if for his illness he fails to make the gift it was direction to the surviving 2 wives and the 2 sisters to complete the deed and that Saleh having failed to complete the deed the said 4 persons execu...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon......nd, that Munshi died during the lifetime of Bachha Mia and, as such, Bachha Mia inherited 0.31 acres of land, that defendant Nos.1-3 acquired interest to the extent of 1.86 acres of land, that the property described in the schedule 'Kha' was the self acquired property of Bachha Mia, that defenda......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. ..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....ing any steps for setting aside the aforesaid decrees; the issue, nature, cause of action and the parties in the three suits as stated above and the present suit i.e. Title Suit No. 35 of 1987 are completely different but yet the High Court Division wrongly found that the present suit is hit by ......ivil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment &nb......sed in Title Suit No. 48 of 1965 itself, the High Court Division also found that in the schedule of the decree there is no name of the Mouja, Khatian number or plots or any other description of the property and in respect of Title Suit No. 18 of 1974 the High Court Division found that only the o...... 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. ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ...... Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Rajdhani Unnayan Kartripakkha represented by its Chairman and another.............Petitioners Vs. Jamuna Builders Ltd. and another.................... petitioner to stop the construction work and further directed to remove the construction within 7 days and further warned the petitioner to the effect that since the construction is unauthorised proper action will be taken for removing the unauthorised construction under section (sic) of th......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..Category: Property Law | Date: | Hits: 27
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Khairunnessa........................Petitioner Vs. Syed Mainul Haq and others.................................Respondents Judgment December 8, 2005. ......an application filed under Order I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plai......en that opposite party No.4 in his application for being added as the party in suit did not disclose any tangible case in support of her being a necessary or proper party in the suit for effective adjudication of the subject matter of the suit. In that state of the matter, we are of the view tha..Category: Property Law | Date: | Hits: 33
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....dants but did not state on oath that he tried to serve the summons on both the defendants and when they refused to accept the same those were served by hanging; further, the process server is also completely silent on the mode of service of summons or attempted service of summons on defendant No......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:......ance with the provisions laid down in rule 19B, Order V Code of Civil Procedure and said summons having been returned with the endorsement made by the postal peon as being 'refused', there was also proper service of the summons sent by registered post and therefore, the High Court Di......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....a 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor A......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer......9 obtained in title Suit No. 291 of 1985 is not binding on the plaintiff. 2. The suit was filed seeking the following relief: 3. The suit was filed upon averring, inter alia, that the property shown in the schedule attached to the plaint was owned by Syed Rafiuddin Ahmed on the basi......d abinitio it need not be cancelled". It has already been mentioned hereinbefore that the trial Court proceeded for the disposal of the suit in the manner as if the suit has been filed seeking adjudication of the title of the parties in the suit. There is no finding in the judgment of the t..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ed 26-10-1991 the above application was rejected with a direction to inform the parties but again, the above order dated 26-10-1991 not being shown to either of the parties the petitioners remained completely in the dark about the said order but however, from the cause list the petitioners came ......so Reported in: 12 BLC (AD)(2007) 25. ......llenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declaration that the schedule land is not a waqf property on the averments......ived at the 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) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereÂinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......each of trust took the settlement of the land in suit in his own name and later on Firoz Bhuiyan of his own got the SA record prepared in respect of the land taken settlement as well as the ancestral property in equal share, but the case so pleaded was not established by the defendants by leading re...... the discussions made hereÂinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Amjad Ali and anothers .............Petitioners Vs. Dud Banu and other ................Responde...... the case land by the pre-emptee petitioners and there is also no evidence on record to show that the pre-emptor respondent No. 1 had earlier knowledge of the transfer and both the Courts below, on proper consideration of the evidence on record, concurrently found that the preemption ap......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ...... Ruhul Amin J Md. Tafazzul Islam J Md. Babar Ali……………………………..Petitioner Vs. Md. Shamsul Alam and others .......Respondents Judgment April 16, 2006. Case Referred To- ......r tenants of such land but when a portion or share of non-agricultural land is transferred to a co-sharer in the tenancy, this is protected. 6. As it appears the High Court Division on proper consideration of the materials on record and applying the correct principle of law as a...... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... Present: Md. Ruhul Amin J Md.Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet ........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawye...... defendant No.5 petitioner failed to produce any evidence in support of their claim that the suit pathway was acquired of B.A.D.C. 6. We are of the view that the High Court Division on proper consideration of the materials on record dismissed the revisional application summarily...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
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