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Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ctim girl upon recovery from the accused Azizur Rahman and Yunus, who are brothers, was produced before the Court of the Chief Metropolitan Magistrate, Dhaka on 13.9.92 when a Magistrate recorded her statement under section 164 of the Code of Criminal Procedure. She stated in that statement that s......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... was not taken by the employee in good faith but was taken for the purpose of killing time. Before the Administrative Appellate Tribunal the ground of limitation was not urged and in this Court, as stated by the bank, appellant itself, it was not taken as a ground either in the Leave Petition or ...... his capricious boss. We are fully aware of the fact that the main function of the Bangladesh Bank and for that purpose of any other statutory body or corporation is commercial in nature and their affairs are to be run from commercial point of view and for that purpose the procedure for removal ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ot been able to produce sufficient material in order to establish his case the writ petition is premature; Directorate of Environment in letter dated 12-6-1990 addressed the respondent No. 5 merely stated that after making on the spot enquiry it has been found that if any multi-storied building i......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
.... in favour of defendant No.1 and others and admitting execution of agreement for sale in favour of the plaintiff. The plaintiff upon making the above averments filed the suit seeking the relief as stated hereinbefore. As regard cause of action for filing the suit it was stated that plaintiff was......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. ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....hey started to threaten the plaintiffs with dispossession from 6 decimals of land and so the plaintiff filed the suit. 4. Defendants contested the suit by filing written statement and they claimed that the defendant No. 1 purchased 3 decimals of......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....g this period and they denied that the company agreed to pay some amount to the writ petitioner in the salish or that they admitted profit of Taka 36,30,000 or any profit in the salish, and it was stated that no salish was ever held. It was also stated by the petitioners that from time to time t......ny dividend and even the minority members were not allowed any access to the account of the company and a salish was held on 18th August 1985 and another on 27th September 1985 over the affairs of the company and it was disclosed in the salish that there was profit amountin..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....tration) Act, 1973. Hence the communications made by the Additional District Magistrate. Dhaka in this regard and impugned in Writ Petition No. 2746 of 1997 were in accordance with law. It is also stated in the affidavit-in-opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 ...... May 2, 2005. The Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committed by Mr. Anwar Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefa..Category: Civil Law | Date: | Hits: 103
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... the kabala dated 26-5-1980. 3. The Miscellaneous case was contested by the opposite party No. 1 (pre-emptee) and the opposite party No.2 (seller) by filing joint written statement stating; inter alia, that the opposite party No.2 being in need of money transferred the ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....question of pre-emptees' being co-sharers by inheritance prior to the sale sought to be preempted as held by the High Court Division as well as by the appellate Court. In the background of the said state of the matter the learned Advocate-on-Record for the appellant felt difficulty to proceed wit....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....985 on which date they obtained the certified copy of the plaint and the decree of the Title Suit No. 43 of 1978. 3. The suit was contested by the defendant Nos.1-5 by filing joint written statement denying the material averments made in the plaint and stating, inter alia, that Afazuddi......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. ..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. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ous contention under the heading "Clarification as per order dated 20-8-2003 of the Hon'ble High Court Division of the Supreme Court of Bangladesh". The appellant thereafter on 20-1-2004 stated, amongst others, as follows: 6. That in response to the instant suo moto Rule the c......wers in its original and appellate jurisdictions but also exercising its judicial review of the administrative action of the authorities and persons performing the functions in connection with the affairs of the Republic or of a local authority and accordingly, all the authorities, executive and..Category: Criminal Law | Date: | Hits: 64
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....s false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation, that the Bank has filed written statement in the suit, that status of the writ petitioners as loanee defaulters as alleged b......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. ..Category: Banking Law | Date: | Hits: 121
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... question there is recital as to the background of fact whereof the transfer was made. In the kabala the circumstances that necessitated the transfer by Babor Ali to his wife Fatema Khatun has been stated as” Bengali There is also recital in the kabala that the same has been ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... from the 'Ka' list of the abandoned buildings and it was registered as Case No. 869 of 1987. 3. The case before the Court of Settlement was contested by the Government by filing a written statement on 6-9-1994 denying all the material allegations made by the petitioner. Further contenti......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)
....nsideration of the said application. It may be mentioned here that while dismissing the review petitions the Appellate Division of the Supreme Court at the very last paragraph of its judgment clearly stated, "Our judgment will have no bearing in considering the application by Ekushey for licence by ......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. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....। সাক্ষীরা ঘটনাস্হলে আসিতে থাকিলে আসামীরা দৌড়াইয়া পলায়ন করে।” 11. PW 2 Sandha Rani Gope stated: “চিৎকার শুনিয়া আমার ছেলে সুশান্ত...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....served: "The main object of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons co......o help collection of Government dues, rents and taxes. Besides, members of the Union Parishad are directly involved in financial transaction in the course of their official duties and running the affairs of the Union Parishad. The fact that these persons are financially handicapped by being ..Category: Election Law | Date: | Hits: 106