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M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....lat Ain, 2003 and also alleging violation of fundamental rights as are in Articles 27, 31, 40 and 42 of the Constitution of the People's Republic of Bangladesh. The writ petitioner also challenged legality of the judgment and decree (in preliminary form) dated July 19, 2003 passed in Title Suit ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 98
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... 2007 passed in the aforesaid writ petition. 2. The writ petition was filed by the mother of aforementioned boy and girl, alleging inter alia that the said boy and girl are being detained illegally by the writ respondent Nos. 1-3 i.e. father, grand father and grand mother. 3. The H......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....f usufractuary mortgage their predecessor Ramhari Kasya got back the possession of the land in suit. There is nothing on the record to show that the recorded tenants' right was extinguished by any legal process and that landlord(s) got possession upon making the rayati interest of the recorded t...... background of the discussion 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: ..Category: Property Law | Date: | Hits: 28
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....g charge without applying his judicial mind and as such the proceeding of the instant cases is liable to be quashed; that the alleged order of not discharging the petitioners got no legal basis and as such the impugned judgment and order is liable to be set aside for the ends of J......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ..Category: Criminal Law | Date: | Hits: 52
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....e aforesaid bank for encashment on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged lawyer by registered A/D in present and permanent address of the......that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ..Category: Criminal Law | Date: | Hits: 40
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....ified by removal of the said Trade Mark from registry under section 46(2) of the Trade Marks Act,1940 and that the said Trade Mark was registered without sufficient cause and without providing legal coverage. 3. The defendant No.2 by filing affidavit-in-opposition stated, inter alia, ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..Category: Intellectual Property Law | Date: | Hits: 329
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... Hence the present petition for leave to appeal. 7. Mrs. Naima Haider, the learned Deputy Attorney General for the petitioner submits that the writ respondent-petitioner No.4 made no illegality or irregularity in imposing penalty for the mischievous conduct of the writ petitione...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ..Category: Business or Commercial Law | Date: | Hits: 163
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....le absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appellate Tribunal to be heard and disp......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....y;chased the case land on 19.10.91 the deed of ewaz was created for the purpose of defeating the right of preemption of the appellant. 8. On the other hand, Mr. S.R. Karmaker in view of the legal position felt difficulty in supporting the judgment of the learned Single Judge of the High C......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......nce of the suit pathway the plaintiffs, along with the filing of the suit, filed an application for temporary injunction and the trial Court by order dated 31-10-87 directed the parties to maintain status quo. On 3-12-87, the trial Court allowed the plaintiffs' prayer for amendment of the plaint ..Category: Procedural Law | Date: | Hits: 64
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the service of Bangladesh Biman, ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....o levy custom duties and other taxes on the basis of the invoice value or on the basis of the normal value and also declaring that the levy of custom duty on the basis of indicative value is of no legal effect. 2. The short fact, which is common in all the writ petitions, is that the resp......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....heque was presented before the same bank on 27.08.1998 for encashment, but the same was again returned on 03.08.1998 with remark to contact with the drawer. Then the complainant respondent served a legal notice to the petitioner on 09.09.1998 under Section 138 of the Negotiable Instrument Act to......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
.... that she was a Senior Staff Nurse serving in the Rangpur Medical College Hospital and the petitioner gave proposal for marriage with her through one of his friends and the said marriage was a legal one which took place with the consent of both of them and the same was duly consummated and a...... 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: VI ADC (2009) 427. ..Category: Family Law | Date: | Hits: 169
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the parties as well as the evidence on record and in filling to consider the legal effect of the admitted fact and in basing his decision on mere surmise and conjecture and no......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
.... 4. The leave is granted to consider the submissions of the learned Advocate for the appellant that "The impugned judgment and order dated 12.12.2000 of the High Court Division is illegal inasmuch as the impugned judgment and order has been passed in violation of the provisions of ......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....e but in the present case it is clearly established that the writ-petitioner for the puropse of filing a writ petition created some manufactured documents and therefore, the said petitioner cannot legally entitled to get protection of this court. 6. Mr. Nurul Islam Chowdhury, Advocate-on-...... of the petitioner is directed against the judgment and order dated 14.03.2006 passed by the High Court Division in Writ petition No. 5668 of 2005 keeping the application for vacating the order of status-quo with the record. 2. The respondent No.1 as writ petitioner filed a writ petition..Category: Property Law | Date: | Hits: 25
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ror of law occasioning failure of justice. He lastly submitted the High Court Division wrongly relied upon Annexure-O prepared during the pendency of the writ petition in violation of the order of status-quo and made the rule absolute thus committed error of law occasioning failure of justi..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....ng flimsy pleas and then the defendant No.1, by letter dated 20.4.1986, though assured to settle the outstanding bills but took no positive step; then the foreign banks through their lawyer served legal notice demanding payment from the plaintiff bank and ultimately the Bangladesh Bank also...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....the order dated 10.04.1986 passed by the Government purporting to shift the office of Shihara Union Parishad from it's present site under Amanta Mouza to a new site under Custobai Mouza was illegal, void and inoperative. The said suit was instituted in a representative capacity under o......ng the parties and in the facts and circumstances of the case, the trial court dismissed the suit on the observation, inter-alia, that the plaintiff opposite parties has no legal character or status contemplated in Section 42 of the Specific Relief Act. 6. The present petitioner pref..Category: Property Law | Date: | Hits: 32
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