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Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......nnot be reversed unless those are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and faile..Category: Property Law | Date: | Hits: 49
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......mal J.- The plaintiff-respondent, Social Marketing Company, whose product is “ORSALINE”, filed Title Suit No.22 of 1995 under section 73 of the Trade Marks Act, 1940 before the District Judge, Dhaka for permanent injunction restraining the defendant-petitioners, Universal Pharmaceutic..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... Division in Civil Revision No. 409 of 1992). Judgment Latifur Rahman J.- This petition by the defendant-petitioner is directed against the judgment and order dated 20-8-95 passed by a Single Judge of the High Court Division in Civil Revision No. 409 of 1992 affirming the judgment and decree..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld t..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ...... Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpur)/No. 9469 of 1991 (Dhaka) discharging the Rule and upholding thereby the order dated 7-3-90 passed by the Senior Assistant Judge, Shahajadpur in Other Class Suit No. 154 of 1984 rejecting the plaintiff’s prayer for amendm..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... 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. ......s a genuine document. Aggrieved plaintiff No. 1 alone then moved the High Court Division in revision against the appellate decree and obtained Rule in Civil Revision No. 143 of 1994. A learned Single Judge of the High Court Division by his judgment and order dated 31-3-97 has discharged the Rule and..Category: Property Law | Date: | Hits: 93
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......997. Judgment ATM Afzal CJ. - The petitioners are defendants in Money Suit No. 37 of 1995 brought by the respondent Janata Bank for recovery of taka 33,86,214.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortl..Category: Civil Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......ision No. 889 of 1987 before the High Court Division against the concurrent decision, but made an application to the Court for withdrawal of the suit as a whole, which was allowed by a learned Single Judge of the said Court on 3 April, 1995. 3. The defendants now seek leave to appeal from the s..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......bdur Rouf J.- This petition for leave to appeal by Bangladesh, defendant-petitioner represented by the Deputy Commissioner Barisal, is from the judgment and order 19-8-1996 passed by a learned Single Judge High Court Division in Civil Order No. 265 of 1996 rejecting summarily the petitioner’s revi..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......rt Division discharging the Rule Nisi. 2. The writ petitioner as the Member- Secretary of the Shahid Manik Adarsha Balika Biddalaya filed Title Suit No. 140 of 1992 in the 3rd Court of Assistant Judge, Dhaka for a declaration that the order dated 19-9-92 passed by the Higher and Secondary Educa..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......vision No. 2985 of 1994). Judgment Md. Abdur Rouf J. - This petition for leave to appeal by the defendant-petitioners is from the judgment and order dated 25-2-1997 passed by a learned Single Judge of the High Court Division discharging the Rule in Civil Revision No. 2985 of 1994 preferred a..Category: Property Law | Date: | Hits: 74
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......e dispute but the appellant did not comply with the request for arbitration. The respondent company then filed an application under section 20 of the Arbitration Act in the First Court of Subordinate Judge. Dhaka being Miscellaneous Case No.78 of 1990. The appellant appeared and contested the Miscel..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......etent to look after the minors. He already filed an application under section 25(1) of the Guardian and Wards Act read with section 5 of the Family Courts Ordinance before the Family Court (Assistant Judge, 2nd Court, Dhaka) on 30-7-1995, being Family Suit No.145 of 1995 praying for custody of the c..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......f 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that the lower Appellate Court on surmise and conj..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......vision No. 200 of 1984 (Jessore). Judgment Latifur Rahman J. - This defendant-appellants, following leave is against the judgment and decree dated 27th February,1992 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5913 of 1991 (Dhaka), Civil Revision No. 200 ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......y the High Court Division in Civil Order No.653 of 1994 summarily rejecting his revisional application against the judgment and decree dated 10 November 1993 passed by the learned Additional District Judge, Manikganj in Family Appeal No.1 of 1992 reversing those dated 18 January 1992 passed by the F..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......eputy Secretary the impugned orders of promotion by Notifications dated 20-2-92 and 8-2-92 have been rendered illegal and ultra vires Article 104(2) of the Constitution. 12. All the three learned Judges of the Special Bench rejected the contention of the writ petitioners. Both Mohammad Ismailudd..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......nt and order of a Division Bench of the High Court Division passed in Criminal Appeal No. 1901 of 1991 dated 5-7-91 affirming the order of conviction and sentence dated 25-9-91 passed by the Sessions Judge, Shariatpur in Sessions Case No. 25 of 1990 convicting both the accused petitioners under sect..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......nst respondent Nos. 2 and 3, in default RI for six months and one year respectively, passed by the Additional District Magistrate, Pabna in DAB GR Case No. 1 of 1988, affirmed by the learned Sessions Judge, Pabna in Criminal Appeal No. 42 of 1989. 2. PW 11 Abul Khair lodged a petition of complai..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......a Division Bench of the High Court Division in First Misc. Appeal No. 15 of 1996 allowing the appeal and setting aside the order of attachment before judgment dated 27-11-95 passed by the Subordinate Judge, Second Court, Chittagong in Money Suit No. 14 of 1995. 2. Material facts of the case are ..Category: Procedural Law | Date: | Hits: 134
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