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Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Ban......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......y tenant and that the petitioner is an illegal occupier of the premises. The petitioner paid rent in the name of his father Shamsul Huda although his father died long ago. The Ministry of Housing and Public Works authorised RAJUK by memo dated 17-11-1999 to sell the building at No. 11, Bangabandhu A..Category: Tenancy Law | Date: | Hits: 67
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. ...... Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Responde......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. ......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)
....sp; Amirul Kabir Chowdhury J: The suo motu Rule was issued on 27 March 2006 upon the leave petitioner of CP Nos. 88 of 2005 and 166 of 2005, the Election Commission, represented by the Chairman (Chief Election Commissioner) and Alhaj Nurul Islam Moni MP to show cause as to why they s...... Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chairman (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Cont......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
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......in CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Rajdhani Unnayan Kartripakha......................Appellant Vs. Abdul Jakir and others........................Respondents Judgment April 6, 2006. ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
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. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others......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. ......urisdiction 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 initiated as per provisions of the Public Demand Recovery Act after lapse of about 12 years. The impugned order of the Senior Assistan..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. ......7) 721. ...... 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
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. ...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others...............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 TelecommunicaÂtion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ely, to intent the legislative to have meant what they have actually expressed." 2. Writ petitions were filed challenging, inter alia, an order dated 7-3-2003 issued by the writ-respondent No. 3 Chairman, Bangladesh TelecomÂmunication Regulatory Commission (BTRC), refusing the application to g...... Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent No. 1 (Civil Appeal Nos. 383, 385-387 of 2003) and Respondent No. 10. (Civil Appeal Nos. 384 of 2003). Not represented—Respondent Nos. 2-5 (Ci......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. ......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
Abdul Kader Vs. Secretary, Election CommisÂsion and others, 2006, 35 CLC (AD)
....High Court Division discharging the Rule issued against declaring the petitioner a defaulter illegally cancelling his nomination paper by the respondent No. 2 and further, declaring his election as Chairman of Kuti Union Parishad void. 2. The petitioner filed the writ petition stating, i...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local G......f the petitioner. 6. Section 7(2)(g) of the Local 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,......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)
....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. ......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.............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
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. ......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceedingâ€......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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ision in Writ Petition No. 5360 of 2003). Judgment: Syed JR Mudassir Husain CJ.- The petitioner Bangladesh Agricultural Development Corporation represented by its Chairman is seeking leave to appeal against the judgment and order dated 11 -2-2004 passed by the ......usain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment March 13, 2005. The Bangladesh Agr......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)
....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: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.............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: ......bed under the directorate of population control and Family Planning. After seven years of service, he was appointed as Thana Family Planning Officer on 1-3-1978 by a competitive examination through Public Service Commission. While he was serving as Thana Family Planning Officer at Bamna Upazilla ..Category: Administrative Law | Date: | Hits: 112
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ivil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................App...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.............................. 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)
....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: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......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
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....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. ...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......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
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......fter prayed for mutation of the property in his name to the Assistant Commissioner, Settlement Directorate of Housing and Urban Development. On 30-11-83, a high-powered survey team of the Ministry of Public Works after survey of the house made a report with the remark that the property might not be ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ......................al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69