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Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....dinate Judge (now Joint District Judge), Narsingdi in Miscellaneous Appeal (preemption) No. 16 of 1994 allowing the same upon setting aside the judgment and order dated May 14, 1994 of the Court of Senior Assistant Judge, Narsingdi in Miscellaneous Case (preemption) No. 3 of 1992 allowing the sa......udge (now Joint District Judge), Narsingdi in Miscellaneous Appeal (preemption) No. 16 of 1994 allowing the same upon setting aside the judgment and order dated May 14, 1994 of the Court of Senior Assistant Judge, Narsingdi in Miscellaneous Case (preemption) No. 3 of 1992 allowing the same. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....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. ......e Court of District Judge, Noakhali, in Title Appeal No. 282 of 1987 allowing the same and thereby dismissing the suit upon reversing the judgment and decree dated November 18, 1987 of the Court of Assistant Judge, Upazilla Companiganj, Noakhali in Title Suit No. 54 of 1985 decreeing the same. T..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....w. The case is set back for trial rightly in accordance with law……………………(10, 11 & 12) Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Petitioner. ......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
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. ......t of the said premises. The petitioner also paid rent to the full extent in respect of premises. Thereafter the petitioner all on a sudden received a notice dated 2-7-2001 issued by respondent No. 1, Assistant Director (Estate) RAJUK addressed to the father of the petitioner directing him to hand ov..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....as obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record—For the Petitioner (In bo......e District Judge, Chittagong as he was not impleaded in the suit though he was in possession of the petrol pump. 6. The petitioner also filed Other Suit No. 115 of 1993 in the Court of the Senior Assistant Judge, Second Court, Chittagong, for a declaration that the ex parte decree dated 13-10-19..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
.... vs. Habibullah and others 31 DLR (AD) 88; Abdus Samad vs. Md Sohrab All 33 DLR (AD) 113; Motilal Sikder vs. Benodini Dasi 28 DLR (AD) 5; 14 DLR 847. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. ......vision in Civil Revision No. 559 of 1997 making the Rule absolute. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....al vs. State of UP AIR 1984 (SC) 1374; Abdul Karim Sarker vs. State, 38 DLR (AD) 188; Asharam M Jain vs. AT Gupta, AIR 1983(SC) 1151. Lawyers involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mainul Hosein, Senior Advocate with him), instructed by ASM Khalequzzaman, Advoca......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)
.... Counsel as a senior member of the Bar and the Court sound word of caution to him for the future………..(28) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For Respondent No. 1. ......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)
....Province of West Pakistan, PLD 1970 SC 180; Al-Haj Abul Basher being dead his heirs Hosne Ara Begum vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record— For the Appellant. ...... of the High Court Division in Civil Revision No. 3100 of 2001 discharging the Rule. 2. The respondent as plaintiff instituted Title Suit No. 160 of 1997 in the 6th Court of learned Assistant Judge, Dhaka, for declaration of title and mandatory injunction for release of the proper..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....t 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 Assistant Judge setting aside the order of the Revenue authority is restored……......ed 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 Assistant Judge setting aside the order of the Revenue authority is restored……&hellip..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....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. ......Subordinate Judge, Sylhet in Title Appeal No.413 of 1969 allowing the same and thereupon decreeing the suit upon reversing the judgment and decree dated August 25, 1969 of the Court of Munsif (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the same. 2.&nb..Category: Property Law | Date: | Hits: 66
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. ......udgment and order dated June 9, 1993 of the Court of Additional District Judge, Dinajpur in Miscellaneous Appeal No.41 of 1989 affirming the judgment and order dated April 30, 1989 of the Court of Assistant Judge, Chirirbandar, Dinajpur in Miscellaneous Case No.1 of 1989 (filed under section 96 ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....mp; 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record —For the Appellants. Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record—For Respondent No. 1. ......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)
....tion Regulatory Commission........................Appellant vs Ekushey Television Ltd..........................Respondent Judgment July 19th, 2005 Lawyers Involved: Fida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed by Ahsanullah Patwary, Advocate-on-R......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. ......ging the Rule issued against the judgment and order dated 7th September, 1989 by the District Judge, Hobigonj in Miscellaneous Appeal No. 66 of 1987 setting aside those dated 29th July 1987 of the Assistant Judge, Hobigonj in Miscellaneous Case No. 5 of 1986. 2. The appellants institute..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....ution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Not repres...... 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 CommisÂsion and others, 2006, 35 CLC (AD)
....abur vs. Returning Officer 41 DLR (AD) 30. Lawyers Involved: Anisul Huq, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Abdul Quayum, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 4. ......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)
....; 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shahidul Huq, Advocate-on-Record— For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. D...... decree dated 16-11-1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2nd Court, Narayanganj who allowed the appeal in part reversing those passed by the learned Assistant Judge, Bandar, Narayanganj dated 20-2-1997 in Title Suit No. 4 of 1996 decreeing the suit..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....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. ......yer for such release and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant..Category: Criminal Law | Date: | Hits: 57
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....dur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) instructed by Sufia Khatun, Advocate-on-Record—For the State Appellant. Zainal Abedin, Senior Advocate (Nitai Roy Chowdhury, Advocate with him) instructed by Abu Siddique, Advocate-on-Rec......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
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