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Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ......y altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cu..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ...... issued the BRPD Circular Nos. 8 and 12, both dated 26-4-03 with lawful authority being empowered by section 45 of the Bank Company Act, 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guidelines ..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......oss examining the witnesses and/or even denying the prosecution case in so many words, the learned Advocate found it difficult to answer and of course submitted that the petitioners were not defended properly in the trial Court. 50. He however submits that this Court being the highest Court of th..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are...... for appeal in the Artha Rin Adalat Act, 1990 no application under Article 102 lies against the judgment and order of the said Adalat. It has been thus settled long back that the writ petition is not proper course for challenging the judgment of Artha Rin in view of provision for filing appeal being..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result......n gave the fatal blow at the place of occurrence surrounding the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may differ from man to man. About passing of order by the two accuseds, the witnesses a..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... is also Reported in: 42 DLR (AD) (1990) 189. ......the pre-emptor or is the right merely one of re-purchase, which a neighbour or co-sharer enjoys under Mohammedan Law, and which he can enforce personally against the vendee in whom the title to the properly has already vested by sale, opinions varied in different High Courts of the then India. T..Category: Property Law | Date: | Hits: 47
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove......, learned Counsel has referred to our decision on an election matter in the case reported in 41 DLR (AD) 68 and argued that the writ petitions in question are themselves not maintainable. 6. For proper appreciation of the question involved, it is necessary to reproduce the relevant rules. ..Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t......300 of the Penal Code. In other words, the argument was that the appellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contention and held that the..Category: Criminal Law | Date: | Hits: 65
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing......f 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding the appeal on ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann......e appellant, contends that though the stay of execution of the decree appealed against pending disposal of the appeal is a matter of discretion of the court this discretion should be exercised on proper consideration of facts including balance of convenience and avoidance of multiplicity of li..Category: Civil Law | Date: | Hits: 117
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....: 61 DLR (AD) (2009) 133; ......tiff No.2 a proceeding under section 144 of the Code of Criminal Procedure was started but later on same was converted into a proceeding under section 145 of the Code of Criminal Procedure and the properties of the aforementioned three schedules were attached and management thereof was give..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
.... Md. Tafazzul Islam J Amirul Kabir Chowdhury J Miah Mojibur Rahman……………….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment Decemb......t the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was not properly examined which has prejudiced him seriously and that is an incurable defect which has..Category: Procedural Law | Date: | Hits: 100
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dh...... title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of settlement of the plaintiff by applying paragraph 8 of a memo was not proper and legal. Accordingly the learned judge set aside the judgment and decree of the learned su..Category: Property Law | Date: | Hits: 35
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....d. ...... suit. The defendants, including the minor defendants, filed petition seeking setting aside of the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances th..Category: Property Law | Date: | Hits: 28
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respo......004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No..Category: Property Law | Date: | Hits: 91
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb......vision of the Premises Rent Control Act, 1991, that the concurrent finding of fact regarding plaintiffs bonafide requirement by the courts below has been reversed by the High Court Division without proper reasoning. 9. The learned Counsel for the appellant submits that the High Court Division w..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... Ed. ......service. 5. The trial Court decreed the suit on the findings that the allegations brought against the plaintiff do not call for dismissal from service, that the inquiry that was held was not proper and the order of dismissal having been passed in the background of the said non-proper inqui..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....Huq, Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) ......me. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration that the properties described in the schedule attached to the plaint, are properties of the Waqf Estate..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ......on, Dhaka Metropolitan Police, Dhaka investigated into the case and submitted a report on 24.10.2001 recommending that bail of accused respondent ought to be cancelled in the interest of proper investigation of the case and also for the safety and security of the informant petitio..Category: Criminal Law | Date: | Hits: 31
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
.... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti...... daughter Aimona Bibi but gave her share as gift at the time of marriage. Aimona Bibi did not claim any share in the suit land during her lifetime nor, did her daughters claim any share in the said property. Haji Abdul Mazid died leaving behind three sons, Abdul Hakim, the plaintiff No. 1 and Bad..Category: Property Law | Date: | Hits: 48
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