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Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....lah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 564 of 2003. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000). Judg......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 95

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....Criminal Appeal No. 16 of 2004). Sajjadid Hoq, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 12 and 16 of 2004. (From the judgment dated 28th January 2004 passed by the High Court Division in Criminal Miscellaneous suo moto Rule N......n which rest the fabric of democracy, and the rule of law, as well as the legitimate aspiration of all the persons in the Republic. It is to be noted that the members of the armed forces invariably dishonour the Supreme Court's flag carrying car to make the road clear for the purpose of inferior ......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. ..

Category: Criminal Law | Date: | Hits: 64

Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)

.... MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul Hague (in person)—For the Respondents. Civil Appeal No. 323 of 2002. (From the judgment and order dated 9th January 2001 passed by the High Court Division in Writ Petition No. 5543 of 2000). ......by the respondent No.2 Bank. That the petitioner presented order directing the respondent No. 1 to pay the certain sum of money under the Deposit Receipt above said, which the respondent Banker dishonoured by non-payment. Copy of the order are annexed herewith and marked A-1 and A-2." ...... 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. ..

Category: Banking Law | Date: | Hits: 101

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

.... therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with similar prayers. Both the petitions being heard by the High Court Division have been disposed of by the judgment and order dated 4-1 -2006 giving some findings and observations. 5. Being aggrieved the Election Comm......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. ......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. ..

Category: Election Law | Date: | Hits: 108

Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)

....r Respondent No. 1 (b). Ahsanullah Patwary, Advocate-on-Record—For Respondent Nos. 1(a) & 1(c), 1(g). Civil Appeal No. 577 of 2001. (From the Judgment and Order dated April 6, 1997 passed by the High Court Division in Second Appeal No.713of 1970). Judg......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

.... Act, 1908……….(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entit...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... 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

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....; For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. Civil Appeal No. 15 of 1998. (From the judgment and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). J......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

Abdul Kader Vs. Secretary, Election Commis­sion and others, 2006, 35 CLC (AD)

....-Record—For Respondent No. 4. Not represented—For Respondent Nos. 1-3.  Civil Petition for Leave to Appeal No. 1099 of 2005. (From the judgment and order dated 25th July 2005 passed by the High Court Division in Writ Petition No. 480 of 2003). J......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. ......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. ..

Category: Election Law | Date: | Hits: 106

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

....ted by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Dispensed with—Respondent Nos. 2 & 3. Civil Appeal No. 70 of 2003. (From the judgment and order dated 7-12-1998 passed by the High Court Division in Civil Revision No. 2170 of 1998). Judg......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 66

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

....Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001). ......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. ......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. ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....hidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Case No.4......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. ......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. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

.... Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003). ......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (From the judgment and order dated 22-3-1999 passed by the High Court Division in Appeal No.6 of 1996). Judgment ......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....cted by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judgment and order dated 10th June 1998 passed by the High Court Division in Writ Petition No. 1515 of 1988). ...... 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. ...... 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. ..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....n, Advocate-on-Record—For the Petitioner. Respondents—Not Represented.(In both the Petitions) Civil Petition for Leave to Appeal Nos. 126 and 127 of 2000. (From the judgment and order dated 12-7-1998 passed by the High Court Division in Writ Petition No. 428 of 1989 along with other ......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: ......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: ..

Category: Property Law | Date: | Hits: 77

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

.... Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-3. Not represented—Respondent Nos. 4-8. Civil Petition for Leave to Appeal No. 57 of 2004 (From the Judgment and Order dated November 5, 2003 passed by the High Court Division in Civil Revision No. 1226 of 2003). Ju......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

.... H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-on-Record—For the Respondent. Criminal Appeal No. 67 of 2003. (From the Judgment and Order dated January 25, 2003 passed by the High Court Division in Death Reference No, 51 of 2000 heard al......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 59

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....he appeals) Not represented - Respondents (In Civil Petition No. 118 of 1992). Civil Appeals Nos. 3 and 4 of 1992 and Civil Petition No. 118 of 1992. (From the judgment and order dated 19.12.1991 passed by the High Court Division, Dhaka, in Writ Petitions Nos. 2937 and 3002 of 1...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... rendered immediate action necessary to make and promulgate the Ordinance when it was found that the system of Upazila Parishads was not working properly but it became a heavy drain on the National Exchequer. He has argued further that these reasons for abolition of the Parishads could not be disput..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....cted by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent Nos. 2-8. Civil Appeal No. 74 of 1990. (From the judgment and order dated 1st April, 1990 passed by the High Court Division, Dhaka in Admiralty Suit No. 30 of 1984). ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 124

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....espondent Nos. 1-4 in CA No. 56/90. Ex parte ‑ Respondent No. 4 in CA No. 7/92. Civil Appeal No. 56 of 1990 with Civil Appeal No. 7 of 1992. (From the judgment and Order dated 18.6.90 passed by the High Court Division in Writ Petition No. 10 of 1989). Judgment: ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..

Category: Property Law | Date: | Hits: 110