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Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......sion Bench of the High Court Division in Civil Revision No. 1578 of 1993 making the Rule absolute and also the judgment and order dated 20.05.2002 passed by the Court Division rejecting the review application summarily, filed seeking review of the judgment in the civil revision. The revisional a..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ...... contest restoring all the original pre-emption cases to the respective files and numbers on 15.11.1986 and 29.04.1986. Thereafter, subsequent purchasers and transferees of the case lands, on their applications under Order 22 Rule 10 of the Code of Civil Procedure, were added as p re-emptors-peti..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......he suit holding that Somorthaban Bibi duly executed Ext. 6 = Ext. Kha and as such her share was duly transferred by this document. The plaintiff then preferred the above mentioned civil revisional application and the Rule was discharged. 7. We have heard Dr.M. Zahir, the learned Counsel f..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The......948 were issued asking the appellants to receive the balance amount. The appellants, not being satisfied with the amount of compensation offered on the basis of the aforesaid final award, filed an application before the learned Joint District Judge and Arbitrator, Dhaka as per provisions of Sect..Category: Property Law | Date: | Hits: 37
Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)
....There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 774. ...... dated 28.08.2005 and the Rule was made ready for hearing on 29.08.2005 but no step was taken to engage a new Advocate on behalf of the petitioners. The High Court Division also opined that in the application for restoration it was asserted that the tadkbirker Mr. Joydev Chandra Saha had been be..Category: Others | Date: | Hits: 92
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and 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: ......stion at the time when the President Order No. 16 of 1972 was promulgated, that is on 16.02.72, and this presumption is a reputable presumption and accordingly it is for the claimant, who files an application for releasing the property, to show that the original owner was present in Bangladesh o..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......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...Category: Intellectual Property Law | Date: | Hits: 231
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......g for declaration of title in the suit property. The defendant No. 9 was subsequently impleaded in the suit. The said defendant began to interfere with the possession of the plaintiffs and as such an application was filed by the plaintiffs praying for an order of temporary injunction. The learned Jo..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......n 23.11.2001 submitted a proposal to the Ministry of Information, the Government of Bangladesh for setting up and operating both terrestrial and satellite television channels. Upon the application, the Ministry on 05.02.2002 granted a 'No Objection Certificate' in short, ..Category: Information Technology Law | Date: | Hits: 321
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ...... the Superintendent of Police, Magura. 7. The respondents contested, the said Administrative Tribunal Case by filing written statements denying all the material allegations made in the application. Their case is that the application is barred by limitation and not maintainable. The c..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......f any country with which the erstwhile Pakistan was at war and, as such, treating his property as enemy property or vested property is illegal and without jurisdiction. 3. Upon the said application to the Deputy Commissioner (Rev.) Sylhet Miscellaneous Case No. 40/2001-2002 was ..Category: Property Law | Date: | Hits: 54
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ...... petitioner being a purdanashin ordinary woman was not aware of the inclusion of the case property in the he 'Ka' list of abandoned buildings till October, 1996 and, as such, she could not make any application for release of the same before the Court of Settlement concerned within the given ..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....tition No. 329 of 2005 was dismissed on merit. Thereafter, the petitioner again moved this Court for review. 10. The review not being an appeal against the impugned judgment or that no fresh or important fact arose for our consideration or that there was any error apparent on th......n the suit on 13-6-2001 and prayed for time to file written objection, which was allowed and 26-6-2001 was fixed for filing written objection. On 26-6-2001 the defendant Nos.1-11 by filing separate applications prayed for adjournment to file written objection and the plaintiff renewed his prayer..Category: Property Law | Date: | Hits: 25
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ...... situation for compliance of the provision of sub-section (6) of section 12 of Ain 2003 did not arise at all and further, if the company had any grievance in this respect they should have filed an application before the Court under the provisions of the above sub-section (6) of section 12 of Ain..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......aration of title in the suit property. The defendant No. 9 was subsequently impleaded in the suit. The said defendant began to interfere with the possession of the plaintiffs and, as such, an application was filed by plaintiffs praying for an order of temporary injunction. The learned ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......itional District Judge, Dhaka in Civil Revision No. 163 of 2004 reversing the order dated 29.02.2004 passed by the Joint District Judge, Additional Court in Title Suit No. 217 of 2003 rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts of the case, ..Category: Civil Law | Date: | Hits: 100
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......20 of 2000 directing the Court of Magistrate to proceed with the case bearing No. 1067 of 1999 in accordance with the sub-section (2A) of section 202 of the Code of Criminal Procedure. 2. An application under section 561A of the Code of Criminal Procedure was filed by the petitioner for se..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......tatutory period of limitation for filing appeal, he filed Criminal Miscellaneous Case No. 6453 of 2000 before the High Court Division under Section 561A of the Code of Criminal Procedure. The said application was rejected summarily by the High Court Division on 23 October 2000. Thereafter, he mo..Category: Criminal Law | Date: | Hits: 24
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......ns 30 and 33 of the Arbitration Act, 1940 seeking setting aside of the award and thereupon Title Suit No. 423 of 1982 was registered. The sole Arbitrator filed the award in the Court along with an application under section 14(2) of the Arbitration Act, 1940 (hereinafter the Act) to make the awar..Category: Procedural Law | Date: | Hits: 71
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......Ordinance was filed to continue illegal occupation of the premises in suit and that after the disposal of the Miscellaneous case the tenant went on appeal and that after disposal of the revisional application of the High Court Division has filed the present petitions for leave to appeal to conti..Category: Civil Law | Date: | Hits: 104