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

....) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; Mujibor Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111. Lawyers Involved: Rafiqul Huq, Senior Advocate, Rakonuddin Mahmud, Senior Advocate (MK Rahman, A Azizul Huq, Chowdhury Zafarullah,...... 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. ...... 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

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

.... Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advocate-on-Record— For the Petitioners. ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....gh and another, AIR 1935 (Lahore) 914. Lawyers Involved: Shamim Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Record-—For the Appellant. MI Farooqui, Senior Advocate (Mohsin Rashid. Advocate with him) instructed by MG Bhuiyan, Advocate-on-Record&mda...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......tion and that in terms of Treasury Rules 1983, as amended, which has been framed by the President, money cannot be withdrawn from the General Account without the written permission of the Treasury Officer or an Officer of the Bangladesh Audit Department authorised in this behalf by the Account G..

Category: Civil Law | Date: | Hits: 104

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....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ..

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. ......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. ......defendants on the basis of the decree obtained in Title Suit No. 43 of 1978 got their names mutated in respect of the land of sub-plot No. 203/31, that the plaintiffs came to know from the Revenue Officer, that on obtaining the certified copy of the plaint and the decree it was noticed by the pl..

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. ......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

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......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...

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. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ..

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...... flagrant defiance and prevaricated acts as divulged by the above named persons and many others, day in and day out, nor can it be desirable to appease such acts, as otherwise the reverence and the Judicial eminence of this Court shall stand infernally waned, throwing the interest of the nation a......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. ......mission, made the submission and we expect more circumspection undertaken on the part of the learned Counsel because of the high image he holds himself as a 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 aforesai..

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. ......, 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)

....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……......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. ......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)

.... 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.   ...... 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)

....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. ...... he is a citizen of Bangladesh having his house at 12/4, Block-F, Joint Quarter, Mohammadpur but Annexure-K is, in fact, a report of the Special Branch of Police, Rajarbag addressed to the Section Officer, Ministry of Home Affairs in reply to Memo No. 902 dated 1-7-1985 regarding verification of..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunica­tion 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. ......nted by the Secretary, Ministry of Post and Telecommunication and the Secretary, Home Affairs, Chairman, Bangladesh Telegraph and Telecommunication Board, Commissioner, Dhaka Metropolitan Police and Officer-in-Charge in Tejgaon PS, however, filed Civil Appeal No. 387 of 2003 against the judgment an..

Category: Information Technology Law | Date: | Hits: 266

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. ...... 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 Commis­sion 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. ...... To: Nur Mohammad vs. Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam vs. Mujibul Huq 41 DLR (AD) 68; Mostafa Hossain vs. SM Faruque 40 DLR (AD) 10; Sheikh Abdus Sabur vs. Returning Officer 41 DLR (AD) 30. Lawyers Involved: Anisul Huq, Advocate, instructed by Suf..

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......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

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. ......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. ......urning he carried with him 320 tolas of gold, a micro oven, 30 computer processors and other personal affects allowable under Schedule 2 of Rule 7 of the Baggage Rules. He was detained by a Customs Officer due to an altercation between him and the Officer and he was implicated in Canton­ment ..

Category: Criminal Law | Date: | Hits: 57

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. ......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. ...... arising out Ramna PS Case No. 23(1) 02 now pending in the Court of Metropolitan Sessions Judge, Dhaka. 2. An first information report was lodged on 8-1-2002 by one Md. Abdul Hai, Anti-Corruption Officer (Task Force No. 1), Anti-Corruption Bureau, Bangladesh, Dhaka with the Ramna PS alleging, in..

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