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Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......to execute and register the kabala within the shortest possible time, that prior to the execution and registration of the kabala by Karuna Moyee Dasi the defendant No.1 in collusion with some other persons upon resorting to forgery got a kabala registered by false personation, that a case of forg..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... together were holding the majority shares of the company, but they were kept in complete darkness in respect of the management and the financial aspect of the company although the respondents gave personal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their prop..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......d Company although he was debarred from doing so as contemplated under Article 147(3) of the Constitution. These actions of Mr. Anwar Hossain terminating services of two employees and appointing a person in the employment of the said Company as evident in Annexures A. A-I and A-2 have been impug..Category: Civil Law | Date: | Hits: 103
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......s recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settlement of..Category: Property Law | Date: | Hits: 51
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......quisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply the names of the persons whose names he put to the pre-emptor during cross-examination in reply to the interrogatory..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ...... culpably abstained from saluting the sacred flag of the Supreme Court, while immediately beforehand, he did, over enthusiastically, salute a blue coloured jeep which was carrying some police personnel. When asked the reason for Shoaib's said heinous nonfeasance, he did, without showi..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......ivision being not a speaking order, it cannot be sustained…..(8) Lawyers Involved: MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul Hague (in person)—For the Respondents. Civil Appeal No. 323 of 2002. (From the judgmen..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... Islam Moni MP it has been averred that he is a law-abiding citizen of the country and as a Member of the Parliament has the highest regard for the judiciary and always in his capacity as a private person as well as a Member of the Parliament upholds the dignity and independence of the judi..Category: Election Law | Date: | Hits: 108
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......uary 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a person who has not claimed title in the property sold in auction in the certificate proceeding init..Category: Banking Law | Date: | Hits: 121
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......ment of the appellate Court in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding that "right of pre-emption can not be defeated by a person who was not a co-sharer on the date of the transfer but subsequently alleged to have become ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ion system and its services and ancillary thereof. 20. In interpreting the aforesaid preambles of the old Acts after the establishment of the BTRC by the Act of 2001 as an independent commission a person has to fall back upon the provision of section 4 of the Telegraph Act, 1885 and section 5 of ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......cal Government (Union Parishads) Ordinance reads as under: Section 7.- Qualifications and disqualifications of Chairman and Members of Union Parishads— (2) A person shall be disqualified for election as, or for being, a Chairman or a Member if— ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......ourt Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensa..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......t. 2. Short facts are that the respondent, Abdur Rahim, went to Bangkok and Singapore. While returning he carried with him 320 tolas of gold, a micro oven, 30 computer processors and other personal affects allowable under Schedule 2 of Rule 7 of the Baggage Rules. He was detained by a Cu..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ve the work to World Tel Holding Ltd. appointed Consociates Ltd. as consultant without inviting any tender. The first information report also states that from the above it is evident that the accused-persons with dishonest intention, by cheating and in collusion with each other and by misusing their..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......e a Cinema Hall in the evening where electric lights lighted the place of occurrence and, particularly when the defence did not raise any question of recognition. Again, the question of examining any person of the Cinema Hall or any other shopkeeper does not arise because there is no evidence that a..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......t the petitioner was appointed as far back as in 1967 and the Service Regulation of 1968 provided that no amendment would be made in the Service Regulations, to the derogation of the interest of a person who was already in the service at that time and since such a specific provision was spelt ou..Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......(Act No. IV of 1969), section 156 The accused has been acquitted of the charge of smuggling in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against the smuggled goods. This case being under section 156 of the Customs Act f..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......evenue vide DCR No. 500731 dated 17-12-1976. 5. Photocopy of the writ of delivery of possession and the DCR are annexed as Annexures-C and D respectively. The petitioner contends that some greedy persons inimical to the allottees hatched up a conspiracy under the leadership of Abdur Rashid and I..Category: Property Law | Date: | Hits: 77
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