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Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ...... 1, 2003 (Order No. 19 dated 1.11.2003) of the 2nd Court of Additional District Judge, Chittagong in Civil (Title) Suit No.2 of 2003 allowing the prayer for temporary injunction upon rejecting the application filed under Order XXXIX, Rule 4 read with section 151 of the Code of Civil Procedure. T..Category: Intellectual Property Law | Date: | Hits: 201
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......bala dated September 19, 1974, that since purchase plaintiffs were possessing the land till they were dispossessed by the principal defendants, that defendant No.1, son of Pyar Mamud filed an application before the local Circle Officer under the provision of Ordinance No. 28 of 1976 but the..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......gning order No. 40 dated 27.6.2002 passed by the respondent No.1, Joint District Judge and 2nd Artha Rina Adalat, Dhaka and order No. 41 dated 14.7.2002 in Money Suit No.3 of 2000 rejecting an application for return of the plaint under order VII rule 10 of the Code of Civil Procedure filed o..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....eneral submits, inter alia, that the learned Judges of the High Court Division had no power to re-assess the evidence. But the High Court Division re-assessed the evidence and based its judgment on fresh appreciation of evidence as if sitting in appeal and thus committed error of law in sett......overnment did not file any written statement before the Court of Settlement. 4. The Court of Settlement by its judgment and order dated 10.04.1988 dismissed the case. A review application filed thereafter was also rejected. They, therefore, moved the High Court Division in i..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......e High Court Division directing the appellants to remove certain structures raised by them, in exercise of his powers under section 115 of the Code of Civil Procedure, while disposing of a revisional application of the respondent arising out of an interlocutory matter relating to temporary injunctio..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ...... filed against a short sentence like in the present case. 3. At the time of admitting the appeal, the prayer for bail and stay of realisation of fine was refused on 2-5-99. On a subsequent application for the same relief, the impugned order was passed on 5-5-99 saying that the prayer for..Category: Criminal Law | Date: | Hits: 50
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......ed Counsel. 8. It has also been submitted by the learned Counsel that the High Court Division was in error in holding that provision of Section 43 of the Transfer of Property Act has no application in the facts and circumstances of the case. We find no substance in the above submissio..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ...... also citing few decision of superior courts held in the facts and circumstances of the present case the suit should not fail for defect of parties and further the grounds taken in the re visional application are of general nature and there is no ground with regard to misreading of evidence, non..Category: Property Law | Date: | Hits: 19
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ...... the order dated 30.1.2002 passed by the learned Joint District Judge, 2nd Court, Noakhali in Miscellaneous Case No. 39 of 2001 restoring Miscellaneous Case No. 5 of 1998 (Pre-emption) upon an application filed under Order 9 Rule 9 CPC. 2. Brief facts are that late Munshi Aminullah, ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......ving not been proved by sufficient and competent evidence the provisions of section 90 of the Evidence Act regarding presumption of genuineness of document which is 30 years old, has no manner of application in the instant case; the case of Md. Ashraf Ali and another Vs. Fatiq Chandra Saha and o..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ...... The learned counsel for the petitioners submits that P.W.1 stated that after filing the suit the defendants forcibly constructed the road in the last part of Baishak, the plaintiffs in their application dated 26.7.89 praying for local inspection admitted that on 12.5.89, which ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
.... Accordingly the Divisional Project Evaluation Committee (DPEC) had to change the Project Pro-forma of Phase-II with regard to Project personnel. Further, the impugned orders of the Government for fresh and direct recruitment of personnel for Phase-II of the Project personnel. Further, the impug...... the aforesaid amendment in the Project Pro-forma, Phase-II the writ respondents issued the impugned orders causing recruitment of personnel in various posts in Phase-II of the Project by inviting applications for appointment in the news papers affecting the rights of the writ petitioners to be ..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ...... Court of Bangladesh (Appellate Division) Rules, 1988 is quoted below:- ORDER XXVI REVIEW "1. Subject to the law and the practice of the Court, the Court may, either of its own motion or on the application of a party to a proceeding, review its judgment or order in a Civil proceeding on ground..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......e No. 12521 of 2002, 3879 of 2004 and 2112 of 2004). Judgment Mohammad Fazlul Karim J. - This application for Leave to Appeal under Article 103 of the Constitution of the People’s Republ..Category: Criminal Law | Date: | Hits: 62
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ......re made final on 1.3.1986. The decree-holder respondent then started Other Execution Case No. 4 of 1998 and the petitioner, Shamsul Arefin Rao, filed Miscellaneous Case No. 29 of 2002 by filing an application under Order 21, Rule 99 of the Code of Civil Procedure. The petitioner subsequently fil..Category: Civil Law | Date: | Hits: 88
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......0001.00/- to Tk.5, 99,637.63/- as compensation for acquisition. The Government being aggrieved by the judgment and order passed in the Arbitration Revision Miscellaneous case (review) filed an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh before ..Category: Alternative Dispute Resolution | Date: | Hits: 207
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......allowing the revisional case and affirming the judgment and order dated 28.03.2004 passed by the Court of first Additional Assistant Judge, Chittagong in partition Suit No.58 of 1991 rejecting the application of the petitioners under Section 151 of the Code of Civil Procedure for according permi..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......regarding the year of manufacture of the aforesaid vehicles and passed an opinion for obtaining C.P. from the respondent No.1. After the opinion of the customs authority the writ petitioner filed an application before the writ-respondent No. 1 for C.P for the said vehicles on 29.5.2002 with all nec..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ....... By office order No. 709/1999 dated 25.08.1999 the writ petitioner was shown junior to the added respondent Nos. 5-9 but in fact they were junior to the writ petitioner. The writ petitioner filed an application to respondent Nos. 1-4 for cancellation of the impugned order and for placing his name..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......ion in Civil Revision No. 5406 of 2002). Judgment Mohammad Fazlul Karim J.- This is an application under Article 103 of the Constitution of the People's Republic of Bangladesh directed a..Category: Property Law | Date: | Hits: 27
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