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Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
.... Act. The notice is still necessary, he submits, as the alleged award was not binding between the parties not being made a rule of the Court and not being more than a mere scrap of paper having no legal effect. 9. Both the trial Court and the lower appellate Court came to a common ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....hat the suit is also barred by limitation. According to them the alleged deed of agreement is a forged and fabricated document and the same has been fraudulently created to grab the suit property illegally. Respondent No.4, the then Dhaka Improvement Trust, now RAJUK, as defendant No.3, had also ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....p;………….Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initia......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......mporary injunction restraining the petitioner from interfering with the respondent’s possession therein the learned Subordinate Judge directed both the parties on 17 October 1996 to maintain status quo in respect of their respective possession. Subsequently, the said respondent made anothe..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....les absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice pla......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....de of Criminal Procedure with his recommendation to quash the said proceedings. The learned Sessions Judge made the recommendation upon taking the view that MA Rashid Khan, Executive Director was not legally authorised to make the reports under section 25 of the Ordinance, that the provisions of law......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....žāĻ°ā§ āĻĒāĻā§āĻˇā§āĻ° āĻ āĻ¨ā§āĻā§āĻ˛ā§ āĻĢā§āĻ°āĻ¤ āĻĒā§āĻ°āĻĻāĻžāĻ¨ā§āĻ° āĻāĻ¨ā§āĻ¯ āĻ¨āĻŋāĻ°ā§āĻĻā§āĻļ āĻĒā§āĻ°āĻĻāĻžāĻ¨ āĻāĻ°āĻž āĻšāĻāĻ˛āĨ¤â Defendant No.1 challenged the legality of the order in Civil Revision No. 366 of 1991. A Division Bench of the High Court Division...... of title. Upon an application by the plaintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plainti..Category: Property Law | Date: | Hits: 101
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....sferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pursue other legal remedies if occasion arises for the same …… …………&hel......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....entity as company registered under the Companies Act, 1913 to treat the profit arising out of refixation of price by the Government on the stocks of the company as payable to the BPC can have any legal force to override provisions of IT Act. Considering all the facts, factor...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... 5. The Government in its affidavit-in- opposition contended that the order dated 8-11-86 was passed in accordance with law and mere communication of the said order on 4-1-87 will not make it illegal. 6. In making the Rule Nisi absolute the High Court Division held that MLO No.9......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....Chairman of the Railway Board agreed to the proposal of the plaintiffs to settle the suit land on lease but subsequently it was detected that transfer of Government land to a private party was not legal and regular and in direct violation of the rules of the Government Land Acquisition Manual as......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
....y and not the Court which is responsible for its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the orderâĻâĻâĻâĻ(12)
Lawyers Involved:
Moudud Ahmed, Senior Advocate, instr......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....goods. We do not see why the Customs should be paid any sum in advance before release of the goods if the claimed amount has prima facie no sanction of law. Government cannot be allowed to run on illegal collections as well. Lest what appears to be illegal on first impression turns out to be lega......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....e issue here is whether upon its own findings, good or bad the High Court Division could discriminate between the accused who were acquitted and the present appellant. It will be seen that even the legal position after the acquittal of the other accused from a common charge under section 302/149......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....9 of the Importers, Exporters and Indentors (Registration) Order, 1981. Accordingly, the High Court Division declared the impugned Notification to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged befo......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
..... Thereafter the appellant took a revision in the High Court Division and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....he Government-petitioner contended that the original lessee did not execute any deed of sale in favour of the said respondents and the said respondents fabricated papers to grab the case property illegally. The respondents were not found in the house after the liberation war and as such, the hous...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....htly held that the Court of the Subordinate Judge, Pabna, being inferior to the court of the Additional District Judge, Dhaka, the order of status quo passed by the learned Subordinate Judge is not legally necessary to be protected. Section 73 of the Trade Marks Act, 1940 clearly provides that no......uo;ORSALINE” are not similar and identical. On the application of the petitioners as plaintiffs, an order was passed by the learned Subordinate Judge, Pabna directing the parties to maintain status quo in respect of marketing and selling of the products of both parties. The said suit is st..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....ol Case No.48 of 1973. Rijia withdrew the house rent deposited before the Rent Controller for the last time in December, 1986.Defendant No.1 further claims that as the plaintiff could not produce any legal proof that she got the suit shop from her mother on the basis of oral gift, in spite of her cl......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. Â The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of defendant Nos. 1-3 is forged, illegal, collusive and not binding upon them and that the suit land has been wrongly recorded in the S...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
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