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Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... judgment and order dated 28.06.2005 passed by the High Court Division in Trade Mark Application No.13 of 2002 filed by the respondent No.1 under Section 46 of the Trade Marks Act, 1940, allowing the application and making the Rule absolute and directing the registered Trade Mark No.21508 dated 18.1..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......judgÂment and decree dated 27.02.2006 and decreed the suit in full, holding that Osman Miah and Osman Gani were not the same person. 5. Being aggrieved, the defendant preÂferred a revisional application before the High Court Division, being Civil Revision No.2155 of 2006. 6. The High..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......001 and he was electÂed as President for the years 2002-2004. After expiry of the term, no election was held for the office of President for which the Faridpur District Minibus owners Group filed an application to the then Minister of Commerce on 12th June, 2005, for appointing an administrator. Pu..Category: Constitutional Law | Date: | Hits: 107
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......pur, Dhaka. The petiÂtioner and his partner applied for allotment of an industrial plot in BSCIC Industrial Area, Norsingdi and the Bangladesh Small and Cottage Industries Corporation considered the application and allotted plot being plot Nos.A-15 and 1-16 measuring more or less 9000 sq feet for t..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......he learned Counsel for the petitioners submits that the learned Judges of the High Court Division committed illegality in failing to take into consideration that respondent Bank on 20.6.2008 filed an application under Order 21, Rule 43 of the Code of Civil Procedure for attachment of the immovable p..Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....e in the plaint but now they have collected the necessary papers and filed an application for amendment of the plaint which may be allowed by the Appellate Division and the case be sent on remand for fresh trial for proper adjudication. 9. It appears that the courts below considÂered the evi......preparation of the plaint, the plaintiffs could not collect all the necessary papers and thereby could not include the same in the plaint but now they have collected the necessary papers and filed an application for amendment of the plaint which may be allowed by the Appellate Division and the case ..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... in law in interfering with the judgment of the earned District Judge. Since the petitioners are not claiming title through the judgment debtors, this judgment will no stand on the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above obs......gage Suit No. 69 of 2003 in the Court of the Artha Rin Adalat, Narayangonj, for realization of a sum of Taka 18,37,494/- with interest against the respondent Nos. 3-6 stating that on the basis of the application of the judgment debtors, the plaintiff bank iniÂtially sanctioned a sum of Taka 1,50,00..Category: Property Law | Date: | Hits: 28
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......oper appreciating the evidence on record arrived at the findÂing that the defendant dispossessed the plaintiff during the pendency of the suit. This finding is vague and indefinite. 9. In the application for amendment of the plaint the plaintiff claimed that after filing the appeal in the lo..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
...... legalise the practice of 'remand'……………………………………..(23)
The very system of taking an accused on 'remand' for the purpose of interrogation and extortion of information by application of force is totally against the spirit and explicit provisions of the Constitution……..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is 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: 15 BLC (AD) (2010) 140. ......le doubt. Further the defense case is that the respondents were falsely implicated out of political enmity and the LC records furÂther show that the dying declaration was recorded on 27-9-1995 on an application made by Rabiul Alam, the investigation officer, but the CD shows that one Abul Bashar co..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....as sought, the suits are also hit by section 42 of the Specific Relief Act and section 7 of the Court Fees Act. After withdrawal of he suit or disÂmissal of a suit for non-prosecution for default no fresh suit can be filed by the same parties or any party claiming through them on the same subject o......inding upon the plaintiff. Therefore the cause of action of the present suits being all together different the principle of section 52 of the Transfer of Property Act as quoted above has no manner of application inasmuch as in the earlier suits right to immovÂable property was not directly and spec..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......g of the High Court Division that the presumption of correctness as regard the entries in the RS khaÂtian is not available, is not correct." This case is also distinguishable and has no manner of application in the facts of the given case. There is no presumptive value in SA khatian, and the def..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......d to be tried. The prosecution examined 17 witnesses out of 25 witnesses cited in the police report and the appellant thoroughly cross-examined them. It is at this stage the appellant came up with an application for quashing of the proceedings of the case before the High Court Division. The learned ..Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....o.2282 of 2004 with Jail Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the sendÂing the case back to the trial Court on remand for fresh trial from the stage of examination under section 342 of the Code of Criminal Procedure and fo....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......947. 9. Subsequently the case was transferred to the Court of Special Senior Judge and Jananirapatta Bignokari Aparad Daman Tribunal, Barisal. 10. The petitioners on 09.11.2005 filed an application under Section 241A of the Code of Criminal Procedure for discharging them from the case ..Category: Others | Date: | Hits: 82
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ...... of the evidence on record in arriving at such finding. In view of the above, find no merit in the contention of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) ..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......t of Joint District Judge, Third Court, and Chittagong was renumbered as Other Class Suit No.346 of 2005. 4. The plaintiffs case in short are that Shop No. 19 was allotted to him against his application for allotment dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for se..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....uld be properly buried at its inception so that no further time is consumed in a fruitless litigation. When the ultimate result is clear, the plaintiffs can not be allowed to re-open the same matter afresh after loosing upto the Appellate Division. This is merely a gambling in litigation which can n......in Civil Revision No.1586 of 1998 discharging the Rule and affirming the order dated 23.03.1998 passed by the Sub-Ordinate Judge, 1st Court, Chittagong in Other Class Suit No.96 of 1996 rejecting the application of the instant petitioner under Order 7, Rule 11 (d) of the Code of Civil Procedure. ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......1991, offered exemption of interest on the terms of payment of part of the defaulted loan amount and on an undertakÂing to pay the balance amount of the loan within a specified time and also invited applications to avail the privileges of exemptions of interest upto 75%; in response, the respondent..Category: Banking Law | Date: | Hits: 98
....sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... also examine one witness as D.W.1 on 07.06.2004 and that the Court below fixed for judgment on 10.07.2004 and subsequently it was fixed on 25.07.2004. The defendant petitioner on 21.07.2004 filed an application under Order 26 Rule 11 of the Code of Civil Procedure for Commissioner's to examine acco..
Category: Others | Date: | Hits: 84
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