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M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......ody has failed to use or utilize the acquired land for the purpose it was acquired the Government can make the requiring body surrender such land to the Deputy Commissioner and in that case on the application made by the real owners of the land the Government in its discretion may restore posses..Category: Property Law | Date: | Hits: 42
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......ned a decree from the Artha Rin Adalat and started the said execution case in which the said property was advertised for sale in auction to be held on 28.3.2006. The aforesaid respondents filed an application with a prayer for allowing them to pay the decreetal amount keeping in view or on the b..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......p; Mohammad Fazlul Karim J. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directe..Category: Constitutional Law | Date: | Hits: 114
Eastern Tubes Limited Vs. Md. Abul Kalam Azad 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) 991. ......to the fact of the issuance of four medical certificates by one Dr. Md. Muzibul Hoque, Medical Officer, Thana Health Complex, Chauddagram, Comilla that had accompanied the petitioners various applications for leave. The Civil Surgeon then having enquired into the matter submitted his report..Category: Employment/Service Law | Date: | Hits: 81
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......e Case No. 01 of 2003 in the Court of Senior Assistant Judge, 3rd Court and ex officio Election Tribunal, Gazipur for recounting the ballot papers. On 13.03.2005, the Election Tribunal allowed the application for recounting the ballot papers. The order dated 22.02.2004 reveals that the gunny bag..Category: Election Law | Date: | Hits: 98
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....eported in 17 BLD (A.D.) 54 and accordingly made the rule absolute and sent back the case to the trial Court for disposal of the petition under section 265C of the Code of Criminal Procedure afresh in the light of discussion mentioned above. 4. Being aggrieved and dissatisfied there&......e judgment and order dated 27-09-2007 passed by a Division Bench of the High Court Division in Criminal Revision No.1019 of 2007 making the Rule absolute and direct the Trial Court to consider the application under Section 265(c) of the Code of Criminal Procedure and to frame charge if required ..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... 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) 970. ......ts after taking into consideration the oral and documentary evidence found the plaintiff to be in possession of the suit land and also determined the identification of the land. That the application filed by the petitioner under Order 41 Rule 27 of the Code of Civil Procedure for admit..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....ts and circumstances of the case we do not find any illegality in the judgment of the High Court Division but for ends of justice, the petitioners should be at liberty to file application for fresh registration before the Registrar of Trade Marks with a new design, colour scheme, get up and......d not file any evidence in support of its opposition and the Opposition Case No.1642 of 2000 was treated as abandoned vide order of the Registrar of Trade Marks dated 12.7.2001 and consequently the application for registration of the trade mark "Potato Crackers" under application No. 4..Category: Intellectual Property Law | Date: | Hits: 306
Abdul Karim alias M.A. Karim Vs. Nurun Nabi Mullah and others, 2006, 35 CLC (AD)
....r review in no way can be considered ground of review. Accordingly the petition for review is dismissed having no merit. Ed. This Case is also Reported in: V ADC (2008) 966. ......quisition the requiring body is not supposed to utilize the land requisitioned till there has been acquisition of the requisitioned land. No other submission was made in support of the review application. The submission made by the learned Counsel in support of the review application appear..Category: Property Law | Date: | Hits: 34
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......fendant-plaintiff opposite-parties),is directed against the order dated 30th January, 2006 passed by a Division Bench of the High Court Division in Civil Revision No.2721 of 2003 allowing the application. 2. Facts, leading to this petition, are that the respondent Nos.1 and 2 f..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......ssed the plaintiff from the suit land and the defendants refused to remove those chala ghar from the suit land and hence the suit. 3. The defendant No.7 entered appearance and filed an application for separate saham contending, inter alia, that the recorded tenant Harendra Nath..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
.... the submissions and perused the materials on record including the judgment of the trial Court as well as that of the High Court Division. Since we have decided to send the suit on remand for fresh trial in accordance with law we refrain from making any observations touching the merits of t......d others......Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amen..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......r installments but the respondent No.1, without appreciating the above effort of the company, took preparation to disconnect the gas line. The petitioner after filing of the above suit, also filed an application under Order 39 rule 1 read with section 151 of the Code of Civil Procedure praying for a..
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....ated 31.7.2005 has not been disturbed by the Appellate Division in Civil Petition for Leave to Appeal No. 937 of 2005, the formation of the impugned Ad-hoc committee by the respondents for holding fresh election was illegal. 7. We have heard Mahmudul Islam, the learned Counsel for the app......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......in CJ. - This petition for leave to appeal is directed against the judgment and order dated 1st June, 2008 passed by the High Court Division in Civil Order No. 2080 of 2008 summarily rejecting the application. 2. Short facts are that the opposite party of this application as plaintiff ins..Category: Family Law | Date: | Hits: 188
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....d of Revenue against the order of setting aside the auction sale by the ADC (Revenue) but failed. The Board of Revenue while confirming the order of ADC setting aside the auction-sale ordered for a fresh auction-sale of the said land by order dated 16-6-1969, but no such fresh auction-sale was he......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ...... at the time when the Present's Order No. 16 of 1972 was promulgated, that is on16-2-1972, and this presumption is a reputable presumption and accordingly/it is for the claimant, who filed an application for releasing the property, to show that the original owner was present in Bangladesh o..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......n in clear violation of section 17(Kha) of the said Act. Further, since the offence mentioned in the said two cases are allegedly committed before the Emergency Power Rules came into existence, the application of the said Rules in these two cases is unwarranted and not tenable in law. Hence the in..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......ection Appeal No.03/2005 dismissing the appeal and affirming the order No. 30 dated 20.7.2005 gassed by Senior Assistant Judge and Bicharak of the Election Tribunal Case No.06/2003 allowing the application for recounting of ballot papers on contest against the petitioner. 2. The respondent ..Category: Election Law | Date: | Hits: 159
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......ompromise decree passed in the suit on 14.8.2002.Some of the plaintiffs of Other Class Suit No.15 of 2004 thereafter filed Miscellaneous Case No. 61 of 2002against the aforesaid decree by filing an application under Order 9 Rule 13 of the Code of Civil Procedure but the said Miscellaneous Case w..Category: Property Law | Date: | Hits: 22
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