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Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....e respondents' letter Ext. 7(d) cannot be used to determine the extent of the respondents' liability and was thus to be left out of consideration. 6. In allowing the respondents' appeals in part this Court found however from the facts and circumstances that "in spite of frantic effor......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..

Category: Banking Law | Date: | Hits: 125

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....ion of Seniority) Rules, 1990. All these petitions were heard analogously by the High Court Division and were disposed of by a common judgment dated 12 May 1992 allowing them and declaring invalid in part the said Rules being violative of Articles 27 and 29 of the Constitution. By these Rules senior......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..

Category: Employment/Service Law | Date: | Hits: 97

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

.....- This appeal by leave is from judgment and order dated 9 December, 1992 passed by a Single Judge of the High Court Division in revision, Civil Revision No. 2112 of 1992, making the Rule absolute in part and setting aside the order dated 9.6.92 passed by the District Judge, Dhaka in Title Appeal No...... question of filing an application under section 5 of the Limitation Act explaining each day's delay does not arise. The question whether the appellants had knowledge about the decree is a matter for investigation at the time of hearing of the appeal. If at the time of hearing the appellants by refe..

Category: Procedural Law | Date: | Hits: 121

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....ab Hossain, Advocate-on-Record—For Respondent No. 5. AKM Nurul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 2 & 6. Ex parte—Respondent Nos. 3-4. Civil Appeal No. 148 of 2002. (From the judgment ......the above letter of the petitioner dated 5th March 1990 which was also sent to the respondent No. 2, also requested the respondent No. 2 to take appropriate steps; the respondent No. 3 on thorough investigation also found that if multi-storied shopping complex is constructed in the above space s..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....tle upon denying the title of the real owner to her knowledge as well as to the knowledge of  others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been proved. So, the High Court Di......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)

....or the pre-emptee petitioners by referring to the cases reported in 37 DLR (AD) 184 and 2 MLR (AD) 330, submits that the provisions of section 14 of the Limitation Act can only be invoked when the party concerned is not negligent in conducting the proceeding. 7. What constitutes a negli......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

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

.... and the petitioner, also offered those shares both to the petitioner and to the respondent No. 4 who declined to accept any of those shares. 5. The learned Company Judge after hearing the parties allowed the petition case under section 233 of the Companies Act in part, holding, inter al......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. ..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....3834 of 1999 Rule Nisi was issued calling upon the respondent Mr. Anwar Hossain to show cause as to why his acts of issuing the impugned orders contained in Annexures-A, A-I and A-2 directly taking part in the management and running the business of the petitioner No.2, Ittefaq Group of Publicati...... 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. ..

Category: Civil Law | Date: | Hits: 103

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding (in  the Miscellaneous case) to the opposite party No.1 ...... 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

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....ading Government as defendant and obtained decree in respect of the land of sub-plot No. 203/31 on February 14, 1980, that in the said suit i.e. Title Suit No. 43 of 1978, plaintiffs were not made parties, that the defendants on the basis of the decree obtained in Title Suit No. 43 of 1978 got t......d of DS Plot No. 7825. 4. The Government contested the suit i.e. Title Suit No. 43 of 1978, by filing written statement and having had raised objection as to the identity of the land local investigation was held by survey knowing Advocate Commissioner for ascertaining the identity of the..

Category: Property Law | Date: | Hits: 51

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

....public. In the meantime, Obaidur Rahman, Traffic Inspector, Sergeant Mustafizur Rahman and Sergeant Russel Arafat arrived. They were ordered to hold back Sergeant Shoaibur Rahman, so that necessary particulars could be obtained with a view to initiating contempt proceedings against him. Traffic ......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

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

....pellate Division felt extremely uneasy over the care-free manner in which the learned counsel made the submissions. The Judges of the Appellate Division expect more circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to h......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

Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)

....eration of the CIB report as well as directed the Bank to allow the writ petitioners to continue transaction with the Bank for 3 months. 12. The appellants have taken exception to the later part of the ad interim order i.e. directing the Bank to allow the writ petitioners i.e. the respond......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)

....on said Fatema Khatun having died her husband Habibur Rahman, two sons, one is of Babor Ali and the other is of Habibur Rahman, and a daughter of Babor Ali were impleaded as the pre-emptee opposite parties. 8.  As against the judgment of the High Court Division Habibur Rahman and his...... 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

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

.... No. 1 in Civil Appeal No. 383, 385-387 of 2003 and respondent No. 10 in Civil Appeal No. 384 of 2003, submitted that the appeal is liable to be dismissed in view of the provisions of section 3(2) in particular the proviso thereof which provides that the 2001 Act shall apply to the following: (i) al......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

Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

....ence to the High Court Division under section 374 of the Code of Criminal Procedure and the two con­victs preferred Criminal Appeal No. 2901 of 2000. 5. The High Court Division after hearing the parties passed the impugned judgment and order as already mentioned above. 6. Hence is this pet......, and then aforesaid Jayanta Gope PW 1 lodged First Information Report on the basis of which Hobigonj PS Case No. 29 dated 22-4-1997 was started against the petitioner and others and the police after investigation submitted charge-sheet on 29-10-1997. 3. The case thereupon being sent for trial, ..

Category: Criminal Law | Date: | Hits: 47

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

....ry period of three months required by section 80 CPC having not been allowed to the Appellant/added Defendant No. 4 to enable it to submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case mus......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

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....of the Code of Criminal Procedure for quashing the proceeding; The High Court Division discharged the Rule with the observation as under: "It is not denied the police of the Anti-Corruption Department considered the alleged offences disclosed in the first information report to be a cognisab......n of Corruption Act, 1947. 3. That the Bureau of Anti-Corruption with the informant Abdul Hai, Anti-Corruption Officer (Task Force-I) Bureau of Anti-Corruption Investigating Officer conducted the investigation and submitted charge-sheet under sections 418/109 of the Penal Code and section 5(2) o..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....ate................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecutio......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: ..

Category: Criminal Law | Date: | Hits: 67

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

....ructed by B Hossain, Advocate-on-Record—For the Appellants. Mahbubur Rahman, Senior Advocate instructed 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 judg...... apparent on the face of the records and further such records are records which were available before the collector of customs and member NBR and not the records gathered in the revision by further investigation. The learned Counsel further submitted that in the charge framed in Special Tribunal ..

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