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Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....ted by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 930 of 2004. (From the judgment and order dated 22.3.2004 passed by the High Court Division in First Appeal No. 502 of 2001). ......p the industry as planned the respondent No.1 requested the above bank for sanctioning Tk.1,50,00,000/-and when the above request for sanction of further loan was under process he suddenly received notice dated 11.9.93 from the office of the defendant/ respondent No.4, to show-cause within 7 days.............................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....huiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001). Judg...... suit land during pendency of the Suit; that the High Court Division committed error of law occasioning failure of justice in not considering the fact that the appellate Court below utterly failed to notice that the claim of the defendant Madrassa is that the plaintiff along with his uncle Sirajuddi......nt Judgment May 20, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....hidul Huq, Advocate-on-Record-For the Respondent No. 1. None represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 478 of 2007. (From the judgment and order dated the 14th February, 2007 passed by the High Court Division in First Miscellaneous Appeal No.2......e 90 of the Code of Civil Procedure alleging material irregularity and fraud in conducting and publishing the sale proclamation and fraud in conducting the same. The judgment-debtor claimed that no notice under Section 33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. So, the subseque......tioner. Zainul Abedin, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent No. 1. None represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 478 of 2007. (From the judgment and order dated the 14th February, 2..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
.... Respondent No. 1. Munsur Habib, Additional Attorney-General instructed by B Hossain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 04 of 2007. (From the judgment and order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No. 12 of 2003). Ju......llowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898), section 561A The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881), section 138 The question of service and receipt of notice under section 138 of the Negotiable Instruments Act, 1881 is a question of fact which cannot ......neral instructed by B Hossain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 04 of 2007. (From the judgment and order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No. 12 of 2003). Judgment Md. Abdul Matin J. - Complainant petitioner Niza..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....lam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Respondent (In Civil Appeal No. 144 of 2004). Civil Appeal No.143 of 2004. (From the judgment and order dated the 9th November 2003 passed by the High Court Division in Writ Petition No. 5951 of 2003).&nb......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......e Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular ac..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....hem) instructed by Mahmuda Begum, Advocate-on-Record— For Respondent No. 1. Respondent No. 2-Not represented. Civil Appeal No. 217 of 2005. (From the judgment and order dated 5-3-2005 passed by the High Court Division allowing the Trade Mart Application No. 9 of 2002......stered in the name of the appellant under registered trade mark No.33243 in Class-29. In accordance with clause 14 of the said User Agreement dated 1st July, 1991; the Bonlac Foods Limited issued a notice of termination dated 7th March 2002 upon the appellant herein terminating the said User...... User Agreement with the Respondents and having full knowledge of the ownership of trademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under se..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
.... Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 1-19 (In Civil Appeal No. 158 of 2006). Civil Appeal Nos. 158-184 of 2006. (From the judgment and order dated 13-12-2004 passed by the High Court Division making the rules absolute in number of Writ Petit......dgment May 27, 2008. BADC Service Regulations, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerne...... 2008. BADC Service Regulations, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....s Ajmalul Hossain, QC, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-oh-Record-For the Respondent Civil Appeal No. 88 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Court Division in Writ Petition No. 7451 of 2007). Judg......Central Jail by an order of detention dated 5-2-2007. 3. While he was in jail custody pursuant to the aforesaid order of detention, the Secretary of the Anti-Corruption Commission issued a notice under section 26 of the Anti-Corruption Commission Act, 2004 directing him to submit his and......May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
..... Zahangir, Advocate-on-Record - For the Appellants. Md. Nawab Ali, Advocate-on-Record - For the Respondents No. 14. Civil Appeal No. 186 of 2002. (From the judgment and order dated 2nd November, 2000 passed by the High Court Division in Civil Revision No. 10067 of 1991) ......rder dated 2-11-2000 the above prayer was rejected. 3. The learned counsel for the appellant submits that the High Court Division, while rejecting the application for restoration, failed to notice that due to the death of the sole engaged lawyer of the petitioners as above, in the eye of ......t the judgment and order dated 2-11-2000 of a Single Bench of the High Court Division passed in Civil Revision No. 10067 of 1991 rejecting the application filed by the plaintiff/appellants praying for restoration of the Civil Revision No. 10067 of 1991 to its file and number. 2. The plai..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....e Respondents. 1. (In Civil Petition No. 645 of 2001) Civil Appeal No. 330 of 2003 With Civil Petition For Leave To Appeal No. 645 of 2001 (From the judgment and order dated 10-06- 2002 and 21-01-1997 passed by the High Court Division in Civil Revision No. 2444 of 1......that neither the plaintiffs nor their predecessors-in-interest had any knowledge about the gazette notification vesting control and management of the suit land in the Forest Department nor any notice was ever served on them to show cause against such vesting. It is also asserted by the plain......y the High Court Division in Civil Revision No. 2444 of 1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single j..Category: Property Law | Date: | Hits: 23
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....- For the Petitioners. Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent No.-11-16. Civil Petition For Leave to Appeal No, 1072 of 2003. (From the Judgment and order dated 30-06-2003 passed by the High Court Division in Writ Petition No. 2875 of 2003) Judgme......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......03. (From the Judgment and order dated 30-06-2003 passed by the High Court Division in Writ Petition No. 2875 of 2003) Judgment Syed J. R. Mudassir Husain.- This civil petition for leave to appeal is directed against the judgment and order dated 30-06-2003 passed by the High ..Category: Property Law | Date: | Hits: 24
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
.... Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant Ex parte-the Respondent. Criminal Appeal No.42 of 2000. (From the judgment and order dated 20-06-1995 passed by the High Court Division in Criminal Appeal No. 2187 of 1993) Jud......ble evidence of the police personnel, who carried out the raid. He then referred to a decision reported in 53 DLR (AD) 1 wherein it has been held that the Judges are competent of take judicial notice of the fact about the present condition of law and order situation in the country and as su...... and P.W.17 Inspector Aktaruzzaman went to Eskaton Garden to trace the movement of respondent Md. Liaquat Hossain an accused in Dr. Milan murder case and at about 17.05 hours they got secret information that respondent had been staying with arms in Sabujsangha Club at No.1 Eskaton Garden and..Category: Criminal Law | Date: | Hits: 24
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Criminal Review Petition No. 5 of 2007. (From the judgment and decree dated 8.2.2007 passed by the Appellate Division in Contempt Petition No.2 of 2003). Judgemen......d an application under Order 39, Rules 1-2 read with section 151 of the Code of Civil Procedure for temporary injunction and the learned Assistant Judge was pleased to issue 3 days show cause notice and thereafter on 30.11.1997 passed an order directing the parties to maintain status-quo in......nt named Flora Restaurant and Sweetmeat in the said land after her nickname "Flora". Monowara Islam could not run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed a..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....m, Advocate-on-Record-For Respondent No. 11. Not represented- Respondent Nos.1-10 & 12-38. Civil Petition for Leave to Appeal No. 605 of 2005. (From the judgment and order dated 09.08.2004 passed by the High Court Division in Civil Revision No. 1887 of 1996). Judg......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......itioners. Syed Amirul Islam, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No. 11. Not represented- Respondent Nos.1-10 & 12-38. Civil Petition for Leave to Appeal No. 605 of 2005. (From the judgment and order dated 09.08.2004 passed by..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005 passed by the High Court Division in Civil Revision No. 1151 of 1998). ......ntire consideration money of Nur Mohammad Khan and got back possession of the suit land from Nur Mohammad Khan and they also paid rents for the suit land. The learned Additional District Judge noticed that the plaintiff produced their title deed and examined 3 witnesses who proved plain......rul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....ructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 421 of 2004. (From the Judgment and Order dated January 13, 2004 passed by the Administrative Appellate Tribunal in Appeal No. 53 of 2000). ......dent. In due course the Respondent submitted his explanation and then an enquiry was held and a report was submitted on November 11, 1997 holding the Respondent guilty. Thereupon second show cause notice was issued to the Respondent and to that he replied, that the authority by the order dated J......awyers Involved: Moshfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 421 of 2004. (From the Judgment and Order dated January 13, 2004 pas..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
.... Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1720 of 2005. (From the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal in Appeal No. 52 of 2001.) ......charged employee. 4. The Administrative Tribunal No.1, Dhaka dismissed the case. On appeal being Appeal No.52 of 2001 the Administrative Appellate Tribunal allowed the appeal as noticed earlier. 5. We have heard Mr. Fida M. Kamal, the learned Additional Attorney General......ional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1720 of 2005. (From the judgment and order dated 13.07.2005 passed b..Category: Administrative Law | Date: | Hits: 115
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....i, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by the High Court Division in Civil Revision No. 345 of 2004.) Judgem......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ...... Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by t..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 2005 passed by the High Court Division in Civil Revision No.475 of 2001).......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ...... Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 200..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
....n, Advocate on-Record-For Respondent Nos. 1 & 2. Not Represented- For Respondent Nos. 3-34. Civil Petition for Leave to Appeal No. 254 of 2006 (From the judgment and order dated 26.1.2006 passed by the High Court Division in Civil Revision No.4600 of 2004.) Judgme...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ......rs. A. Y. Mosihuzzaman, Advocate, instructed by Mrs. Sufia Khatun, Advocate on-Record-For Respondent Nos. 1 & 2. Not Represented- For Respondent Nos. 3-34. Civil Petition for Leave to Appeal No. 254 of 2006 (From the judgment and order dated 26.1.2006 passed by t..Category: Property Law | Date: | Hits: 23
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