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Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md.......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest although the loan is a loan of simple interest. Moreover, the respondent bank illegally adjusted the entire repaid amount in the interest component although they should adjust the...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
.... appearing for the petitioner submitted that the finding of this Court to the effect that in view of the non disclosure of the date as to receipt of notice by the accused and failure to mention any legal cause of action in the petition of complaint the proceeding cannot be allowed to continue is......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ed in Gazette dated 5th February 2003 published by the respondents at the instance of present ruling party ignoring and disregarding the provisions of the Constitution, Petitioners are facing the legal consequences of the case by way effacing the trial and enjoying the privilege of bail but resp......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. ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....t was stated that Mr. Nurul Islam, Proprietor of Sanowara Corporation, executed the said User Agreement dated 1st July, 1991 as a representative of the 'User' i.e. appellant. With a view to seeking legal protection of the mark adopted by the respondent, for the first time in Bangladesh, they......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
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. ......t petitioner-appellant is in no way connected with the alleged occurrence and he has been falsely implicated in this case by his political opponents only to demolish his political career and social status. The further case is that the allegations in the FIR do not attract the Public Safety Act. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....tion of the mind and non-consideration of the case of each individual petitioner on merit by its authority concerned before the service of the petitioners was terminated. The orders are, therefore, illegal…….....(17) It is true that the employer has the authority to terminate the employment ......al principle of master and servant and the management cannot have unrestricted and unqualified power of terminating the services of the employees. The High Court Division has rightly found that the status of the employees of the statutory corporation has been settled by this Court in the case of B..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ecial Case No. 6 of 2007 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, 2. The respondent filed t......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)
....75 acres of land is comprised of a mango garden having 74 mango trees standing thereon is not a forest land and as such the vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the plaintiffs and the plaintiffs are entitled to rever&sh......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
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ondents to show cause as to why the impugned Memo No. 2018/Ans dated 13-03-2003 issued by the respondent 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......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
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....e, 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 that there is no legal bar to Convict the appellant on the impeachable evidence of the police personnel, who car......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. ..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. ......Civil Procedure for temporary injunction and the learned Assistant Judge was pleased to issue 3 days show cause notice and thereafter on 30.11.1997 passed an order directing the parties to maintain status-quo in respect of the possession of the suit property. 5. On behalf of Monowara Islam..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....believed the evidence produced by the plaintiff and dismissed the suit and the High Court Division, misdirected itself in reversing the said judgment without legally adverting to the findings arrived at by the lower appellate court and as such com......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
.... Rahima Khatun, Ayesha Khatun, Joytunnessa, Khairunnessa, Johora Khatun, Amena Khatun, Hoseneara Begum and one son, Abul Hossain and one wife Rahatannessa who inherited the suit land. The aforesaid legal heirs of Nur Mohammad Khan sold the suit land to the plaintiff on 14.02.1978 at a considerat......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
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......appeal, the learned Subordinate Judge (now Joint District Judge), Satkhira, by judgment and order dated 24.6.2001 allowed the application for temporary injunction directing the parties to maintain status quo in respect of the leasing out of the suit land. The petitioner, being aggrieved preferre..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....n of land is not a document of title, the learned Single Judge of the High Court Division has wrongly considered the presumptive value of the S.A. Khatian not backed by a trust worthy document or legal testimony. Mr. Ali, lastly, submits that since the possession of the defendant is supported by......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ..Category: Property Law | Date: | Hits: 21
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
.... got a deed executed and registered by Amira and Sobura, 2 wives and 2 surviving sisters Asma and Kul-suma by false representation in respect of the property left by Saleh and thereby deprived the legal heirs of Saleh. 3. The suit was contested by different sets of defendants. 4. T......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)
....e that the petitioners, as plaintiffs, instituted the above suit seeking declaration that (a) the order dated 15-1-1987 passed by the Additional Deputy Commissioner (Revenue), Magura is illegal, void, without jurisdiction and not binding upon them (b) the suit land measuring 11.89 acres......o. 64 of 1993. The learned District Judge, Magura, after hearing, allowed both the appeals. Then the plaintiffs filed Civil Revision Nos.329 and 330 of 1996 and obtained Rules as well as orders of status quo order in respect of possession of the suit land. The High Court Division, after hea..Category: Property Law | Date: | Hits: 28
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....dant No.1. In due course defendant No.1 entered appearance in the suit by filing written statement denying the case of the plaintiff and asserting that defendant's purchase from Serajuddin is quite legal. 3. At one stage of the suit a certain Khairunnessa filed an application under Order 1......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. ..Category: Property Law | Date: | Hits: 33
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....re served upon them and moreover, the defendants did not challenge the service of summons which were sent through registered post and sending of summons through registered post has got strong legal presumption of service under section 27 of the General Clauses Act; it is an admitted fact th......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
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