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Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....f his father. 3. The defendant-respondents contested the suit by filing a joint written statement denying the case of the plaintiff and contending, inter alia, that the suit is bad for defect of parties and not maintainable in its present form. Their case is that Iman Uddin Tapadar h......le the defendant raised the plea that the suit was bad for defect of parties, the plaintiff served interrogatory upon the defendant to supply particulars of the persons who are necessary and proper party in the suit but the defendant did not reply to those interrogatory and thus an order was..Category: Property Law | Date: | Hits: 22
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......l Miscellaneous Case No. 885 of 1997) Judgment Md. Hassan Ameen J.- The petitioner (opposite party-petitioner) seeks leave to appeal against the judgment and order dated 07-12-2005 passed by a..Category: Property Law | Date: | Hits: 21
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......nnot be said that they are not interested in the result of the suit. If it is felt necessary for determination of the real matter in the dispute the court may decide any person to be added as party in a suit and this is in fact a discretionary power of the court. The discretion is, how..Category: Property Law | Date: | Hits: 24
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......randum of Understanding (MOA) was reached on 16.02.2001 by and between the representatives of (a) Meghna PET Industries Ltd. (b) Prime Edible Oil Ltd. and (c) Meghna Cold Storage Ltd. as the first party and the representatives of (i) Meghna Vegetable Oil Ltd. (ii) Baghdad Vegetable Oil Industrie..Category: Banking Law | Date: | Hits: 103
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......ed Single Judge of the High Court Division by applying judicial mind. He further submits that the respondent applicant in paragraph 4 of the application for pre-emption has mentioned that opposite party No. 2 on 22.09.1988 executed and presented the document for registration containing .07 dec o..Category: Property Law | Date: | Hits: 33
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......er of victim Shah Alam @ Babul. Monir also informed the matter to Golam Rasul Hassan, Mizan and Shafiqur Rahman. The informant informed the matter to police and the police along with the informant party went to the 'beel' of Boawnia and recovered the victim Babul in critical and dying condition ..Category: Criminal Law | Date: | Hits: 36
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. ...... arising out of an execution proceeding is not subject to the special provision for disposal of the appeal under Section 41 of the Artha Rin Adalat Ain, 2003. Section 41 provides that an aggrieved party by an order of the Adalat may prefer an appeal depositing requisite amount of money before fi..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. ......he petitioner under sections 147/148/149/324/326/307/302/379/427 of the Penal Code, alleging, inter alia, that on 12-8-2001 at about 9-00 AM while BNP leaders and workers were in a meeting in their party office, accused-persons being armed with firearms attacked them and fired shots at them and co..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
.... the process of the Court. The Trade Mark of the appellant has been entered in the register legally on sufficient cause and the same is remaining in the Register legally. There is no error or defect in such entry in the Register. The respondent filed the application on the contention t......nbsp; Md. Abdul Matin J.- This appeal arises out of. leave granted by this Court on 3-7-2005 in Civil Petition for Leave to Appeal No. 326 of 2005 preferred by the opposite party No.1 appellant herein against the judgment and order dated 5-3-2005 passed by the High Court ..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
.... dependent on the proceedings under section 93 or 128 of the Ordinance …………(13) Sanction under section 170 of the Ordinance The question of validity of the sanction or any defects in it can only be determined by the trial Court……….(14) Cases Referred to- ......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
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. ...... R. Mudassir Husain.- This civil petition for leave to appeal is directed against the judgment and order dated 30-06-2003 passed by the High Court Division allowing the application for addition of party and adding the applicants as respondent Nos. 6-16 in Writ Petition No. 2875 of 2003 which was..Category: Property Law | Date: | Hits: 24
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......rated the prosecution case on dock about said recovery of firearms there was no apparent falsehood in his evidence, which was corroborated by the official witnesses, who were the members of patrol party while other public seizure list witnesses did not support the prosecution case in spite of th..Category: Criminal Law | Date: | Hits: 24
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ...... Code of Criminal Procedure regarding the holding No.58/1A, 5(five) storied building, Purana Paltan, of Motijheel Police Station making Monowara Islam and her Constituted Attorney Abdul Alim as 2nd party and respondent No.4 Md. Humayun Kabir and 7 others were made parties. The Magistrate thereup..Category: Criminal Law | Date: | Hits: 32
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d of clear materials on record including transfer of defendant's self-same land to Abbas Ali and his wife Morsheda, all showing complicated question of title and raising important question of defect of party or the plaintiffs alleged possession of the suit land despite absence of credible e...... materials on record including transfer of defendant's self-same land to Abbas Ali and his wife Morsheda, all showing complicated question of title and raising important question of defect of party or the plaintiffs alleged possession of the suit land despite absence of credible evidence in..Category: Property Law | Date: | Hits: 19
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....uch the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is maintainable and not barred by limitation and that also not bad for defect of party, that the plaintiff has right, title, interest and possession in the land in s......it is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is maintainable and not barred by limitation and that also not bad for defect of party, that the plaintiff has right, title, interest and possession in the land in suit. ..Category: Property Law | Date: | Hits: 22
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ......he rule with a direction on the executing court to dispose of the said Execution Case within 1(one) month from the date of receipt of the order mainly on the ground that the petitioners were third party to the said Execution Case and as such they had no right in law to stay the execution case. ..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......on 15.02.1988 or acquired title by decree dated 21.08.1997 in Title Suit No.148 of 1991; that the decree in Title Suit No.148 of 1991 is not binding upon the heirs of Akramullah as they were not made party to that suit and since the plaintiff never got possession, no question of dispossession arose,..Category: Property Law | Date: | Hits: 42
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ourt 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 well and there was no objection as to defect of party. The High Court Division also observed that at the time of hearing of the appeal th......sion. 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 well and there was no objection as to defect of party. The High Court Division also observed that at the time of hearing of the appeal the appellan..Category: Property Law | Date: | Hits: 37
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. ......re, the plaintiff in the suit has not sought for any relief. The High Court Division also noticed that the learned Joint District Judge while allowing the prayer of Khairunnessa for being added as party in the category of defendant in the suit did not spell out in what way and how presence of ce..Category: Property Law | Date: | Hits: 33
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....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. ......llegation of not knowing the whereabouts of Abdur Rashid Khan, the husband of the defendant No. 1, is nothing but myth and altogether disproved by evidence; the said Md. Abdur Rashid Khan was made party in the miscellaneous case as opposite party No. 3 and notices were duly served upon him throu..Category: Property Law | Date: | Hits: 33
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