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Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

.... Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Civil Revision No.7966 of 1991 (Dhaka). Judgment:       Md. Ruhul Amin J. - The instant appe......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

....e that he never refused it and that it never was tendered to him. A mere denial that it was ever delivered to him is not sufficient". The similar question came up for consideration before the Dhaka High Court in the case of Monomohan Roy Chowdhury Vs. Ajit Kamal Dutta reported in 6 DLR 267 ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

....14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998 making the Rule absolute upon setting aside the order dated 25-08-1998 passed by the Chief Metropolitan Magistrate, Dhaka in Sabujbagh PS. Case No.69 (9) 1997 directing to make further investigation. 2. Facts...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 90

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

.... Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Governor, Bangladesh Bank, Head Office, Dhaka…………..Appellant Vs M. Habibullah Bahar & another&......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ..

Category: Banking Law | Date: | Hits: 124

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... Abdus Sattar and oth­ers ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represent­ed by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) Judgement June 25, 2006 ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

.... Bench of the High Court Division in Civil Revision No. 4139 of 1999 discharging the Rule obtained against the judgment and decree dated May 9, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declara......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....th him) instructed by Ranesh Chandra Maitra, Advocate-on-Record— For the Re­spondent. Civil Appeal No. 4 of 1990. (From the Judgment and Order dated 8.8.89 passed by the High Court Division, Dhaka in Civil Or­der No.736 of 1989). Judgment Mustafa Kamal J. - This appeal, following le......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....For the Respondent No. 5. Not represented — Respondent Nos. 1 to 4 and 6 to 11. Civil Appeal No. 3 of 1990. (From the judgment and order dated 19.11.1989 passed by the High Court Division, Dhaka, in Writ Pe­tition No. 955 of 1989). Judgment: Shahabuddin Ahmed CJ. - In this appeal b......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..

Category: Election Law | Date: | Hits: 126

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

....cate-on-Record — For the Respondent No 2. Ex parte—Respondent No. 1. Criminal Appeal No. 31 of 1986. (From the judgment and order dated 23rd June, 1986 passed by the High Court Division, Dhaka in Criminal Revision No.64 of 1983). Judgment ATM Afzal J. - The appellants, father and......il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..

Category: Criminal Law | Date: | Hits: 59

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....dent No. 6 (In Civil Appeal. No. 72 of 1989). Civil Appeal No. 68 of 1989 with Civil Appeal No. 72 of 1989. (From the Judgment and decree dated 16.2.89 passed by the High Court Division, Dhaka in First Ap­peal No. 46 of 1988). Judgment ATM Afzal J. - These two appeals by leave, C......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... defendant No.2 who was a chartered accountant by profession. On 1.9.73 the appellant along with a friend PW 2, Abul Hassan met defendant No. 1 at the residence of her son defendant No. 2 at Gulshan, Dhaka where in presence of defendant No.2, PW 2 and the appellant defendant No. 1 offered to sell th...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....           Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the judgment and order dated 4.3.2001 passed b......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

.... Bench of the High Court Division in Civil Revision No. 898 of 1995 making the Rule absolute upon reversing the judgment and decree of November 24, 1994 of the 2nd Court of Additional District Judge, Dhaka in Title Appeal No.77 of 1993 setting aside the judgment and decree of February 9,1993 of the ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

....rder dated 21.7.2004 passed by the High Court Division in Civil Revision No.2347 of 2004 making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 affirming the order No. 1...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ..

Category: Business or Commercial Law | Date: | Hits: 100

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....successful. 3. Then Eid-ul-Fitr holiday commenced from 4 May 1989 and the learned Junior Judge of the Division Bench which rejected the prayer for bail was in charge of the vacation and staying at Dhaka. The pe­titioner moved a bail petition again before the learned Vacation Judge on 14.5.89 and......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..

Category: Criminal Law | Date: | Hits: 55

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....ondent Nos. 1-3. Not Represented— Respondent No.4. Civil Petition for Leave to Appeal No. 112 of 1990. (From the Judgment and Order dated 22 April, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 763 of 1990.) Judgment ATM Afzal J. - This petition is from an or......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....Re­spondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989.) Judgment ATM Afzal J. - This petition is from the j......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..

Category: Banking Law | Date: | Hits: 94

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

....e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Principal Secretary, President's Secretariat, Dhaka & ors............Petitioners Vs. Mahtabuddin Ahmed...................……………...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..

Category: Criminal Law | Date: | Hits: 53

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

....Hossain Talukder & ors...................................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute ....... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....eral instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent (State). Criminal Appeal No. 3 of 1989. (From the Judgment and Order dated 28-7-87 passed by the High Court Division, Dhaka in Death Reference No. 14 of 1986 with Criminal Appeal No. 456 of 1986). Judgment Shahab......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..

Category: Criminal Law | Date: | Hits: 44