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Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....in Petition Case No.176C of 1983 pending in the Court of a Magistrate, First Class, Faridpur. They went for quashing of the proceeding under section 561A of the Code of Criminal Procedure, obtained Rule but the High Court Division (Dhaka Bench) by judgment and order dated 23rd June 1986 discharged......heating, for, the alleged liability incurred is essentially civil in nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......nging amendment of the plaint………..(33) Cases Referred to- AIR 1936 (Madras) (FB) 205 and AIR 1945 (Patna) (FB) 1; AIR 1926 (PC) 9, PLD 1962 (WP) Lahore 137; AIR 1931 (PC) 107; Halsbury's Laws of England, Third Edition, Volume 15 p.171; In AIR 1956(SC) 593(601); LJ in Verschures Creame..Category: Property Law | Date: | Hits: 95
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... National Board of Revenue, Dhaka along with others seek leave to appeal against the judgment and order dated 4.3.2001 passed by the High Court Division in Writ Petition No. 4004 of 1998 making the Rule absolute declaring the order dated 26.10.1998 (Annexure-F to the writ petition) passed by the...... National Board of Revenue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md...Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
.... Judgment Md. Ruhul Amin J. - This is a writ-petitioners' appeal, by leave, against the judgment of March 1, 2003 passed by the High Court Division in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs direc...... Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed with costs at all stages. Lawyers Involved: A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab Hossain, Adv..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
..... M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hos......he Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate, instructed by N.I. Bhuiyan, Advocate-on-Record-Fo..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
.....- This is a defendants' (defendant Nos.1 and 2) appeal, by leave, against the judgment of 23rd October, 2000 of a Single Bench of the High Court Division in Civil Revision No. 898 of 1995 making the Rule absolute upon reversing the judgment and decree of November 24, 1994 of the 2nd Court of Additi......Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another AIR 1927, PC. 230; Mt. Jahan Ara Begum Vs. A.L. Md. Shamsul Hoque, 27 DLR (AD) 129. Lawyers Involved: Mahmudul Islam, Senior Advocate (Md. Ozair Farooq, Senior Advocate and Probir ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ....................(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and others, 8 MLR AD 74. Lawyers Involved: Abdur Rob-1, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-F..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....endants the Secretary Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 pas...... Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr.A.H.M Sha..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....d. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging the Rule. 2. In the above writ petition the petitioner challenged the order dated 28.9.2001 issu......h School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawyers Involved: S. N. Goswami, Advocate instructed by Md. Zahirul Islam, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....aid a sum of Tk. 6,50,000/- and the Bank by its letter dated 28.5.88 re-scheduled the outstanding dues for repayment by 31.12.89. 4. The BSB, however, issued a notice on 17.8.89 (Annexure F) under Rule 4(1) of the Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980 asking t...... rendered otiose altogether, for, the same relief can be had under both the Articles………………………………(8) Case Referred to- Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....uly 10, 1989. Result: The petition is dismissed. The Bangladesh Shilpa Bank Order, 1972 (PO No. 129 of 1972), Article 34(1) The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, partic...... that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale………………(8) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instruct..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....ding of the dismissal order was not implemented. The respondent filed applications to the President seeking justice but nothing was done and then he filed the aforesaid writ petition in which a Rule was issued in the following terms: "Let a Rule Nisi issue calling upon the respondents to ......Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
.........Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision......usan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs. Md. K. Alam 29 DLR (SC) 295; Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Jamal Shah Vs. Election Commission, PLD 1966 (SC)1 (26). Lawyers Involved: T.H. Khan, Senior Advocate (Abdul Wahhab, Advocate with him) instructed by Md. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......is too much to ask for any such evidence of motive. The dying declaration was not free from reasonable doubt. So, the appellant is entitled to benefit of doubt……………………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advoca..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....cted against the judgment and order dated 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 filed under section 561A of the Code of Criminal Procedure making the Rule absolute and thereby quashing the proceeding pending in the Court of Metropolitan Magistr......…….Petitioner Vs Md. Golam Mustafa Sarwar alias Mohammad Golam Sarwar and another….....Respondent Judgment August 29, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not re..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....p; Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment and order dated 16.5.2005 passed by the High Court Division in Civil Revision No.6558 of 2002 discharging the Rule obtained against the judgment and order dated 26.9.2002 passed by the Artha Rin Adalat No. 2,......;……….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent Judgment February 12, 2006 Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advoc..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....n J.- The appeal by the defendant by leave is directed against the judgment dated December 3, 1998 of a Single Bench of the High Court Division in Civil Revision No.2824 of 1997 making absolute the Rule obtained against the judgment and decree dated March 27, 1997 of the 5th Court of Additional D......eogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyalaya and another Vs. Dr. Rajkishore Tripathi and another, AIR 1977 SC 615; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
.... moved the High Court Division under section 561A of the Code of Criminal Procedure praying for quashing the proceeding and the High Court Division by the impugned judgment and order made the Rule absolute. 3. Leave was granted to consider the submission that when a...... Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment January 17, 2007 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by ASM Khalequ..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......smail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, PLD 1967 Lah. 204. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......llip;……Appellant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, ..Category: Employment/Service Law | Date: | Hits: 136
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