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Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 1813 o......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......cord—For the Petitioner M Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 p..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....he Petitioner Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 13 of 1999. (From the judgment and order dated 25 August 1998 passed by the High Court Division in Criminal Appeal No. 361 of 1993). ...... autopsy report it was definitely opined that Asia did not take poison. Therefore, absence of any injury by bamboo stick did not cast any doubt in the prosecution case of murder. The injuries were noticed at the time of inquest which might have disappeared by the time the postmortem examination......sp; Judgment January 30, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the d..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....r the Petitioners. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 252 of 2000. (From the judgment and order dated 23-10-2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6196 of 2000......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ...... Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 252 of 2000. (From the judgment and order dated 23-10-..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....spondent No.1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 467 of 1996. (From the judgment and order dated 8 July 1996 passed by the High Court Division in Writ Petition No. 1093 of 1989). &nbs......ssession of the case building on the basis of their titled deeds. It was also submitted that on the date of hearing the petitioners could not appear before the Court of Settlement as admittedly no notice was served upon them. It was found by the High Court Division that the Court of Settlement h......ril 29, 2001. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful auth..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
.... The Constitution of Bangladesh, 1972, Article 102 The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or hi..Category: Election Law | Date: | Hits: 124
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....or Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 771 (From the Judgment and order dated 11-5-2000 passed by the High Court Division, Dhaka in Civil Revision No. 52 of 2000). ......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......or the Petitioners. Firoj Shah, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 771 (From the Judgment and order dated 11-5-2000 pass..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....dash;For Respondent No.1. Not represented—Respondent Nos. 2-5. Civil Review Petition No. 33 of 2000. (From the judgment and order dated 25-4-2000 passed by this Division in Civil Petition for Leave to Appeal No. 1218 of 1999). ......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......nted—Respondent Nos. 2-5. Civil Review Petition No. 33 of 2000. (From the judgment and order dated 25-4-2000 passed by this Division in Civil Petition for Leave to Appeal No. 1218 of 1999). Judgment &nb..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....ndent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 394 of 1996 (From the Judgment and order dated 31-01-1995 passed by the High Court Division, Dhaka in Matter No. 34 of 1990). ......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......;For the Petitioner. Md. Nawab Ali, Advocate-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 394 of 1996 (From the Judgment and order dated 31-01-1..Category: Business or Commercial Law | Date: | Hits: 97
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....he Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 422 of 2000. (From the judgment and order dated 27-7-1999 passed by the High Court Division in Civil Revision No. 4192 of 1997). ......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ......1 The learned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hearing and ii) for absence of the learned advocate. There is nothing to interfere. Lawyers In..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
..... 4. Not represented—Respondent Nos. 2, 3, 5-10. Civil Petition for Leave to Appeal No. 252 of 2001. (From the judgment and order dated 12, 13 December at 2000 passed by the High Court Division in Matter No. 58 at 2000). &...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing t..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
.... No. 1. Not represented—Respondent Nos. 2-49. Civil Petition for Leave to Appeal No. 656 of 2000. (From the judgment and order dated 3rd July, 2000 passed by the High Court Division in Civil Revision No. 3509 of 1999). ......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Adv..Category: Procedural Law | Date: | Hits: 82
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
.... Not represented—For the Respondents. Criminal Petition for Leave to Appeal No. 96 of 1995. (From the judgment and order dated 8-5-1995 passed by the High Court Division in Ref No. 5 of 1991 with Criminal Appeal No. 826 ......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......eral, instructed by Mvi. Md. Wahidullah, Advocate-on- Record —For the Petitioner. Not represented—For the Respondents. Criminal Petition for Leave to Appeal No. 96 of 1995. (From the judgment and order dated 8-5..Category: Business or Commercial Law | Date: | Hits: 99
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....e-on-Record—For Respondent No.1. Ex-parte-Respondent No. 2. Civil Appeal No. 23 of 2000. (From the judgment and order dated 9 June 1999 passed by the High Court Division in Writ Petition No. 1001 of 1993). &n...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The Town Improvement Act, 1953 (XIII of 1953), Section 2(h) Under section 2(h) of the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....uq, Advocate with him) instructed by Md. Nowab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 11 of 2001. (From the judgment and order dated 27-7-2000 passed by the High Court Division in Writ Petition No. 2885 of 2000). ......; The Customs Act, 1969 (IV of 1969), Section 180 The Constitution of Bangladesh, 1972, Article 102 Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned...... Article 102 Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of confiscating the goods in the absence of the show-cause notice under the section..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....enior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Respondent. Civil Appeal No.36 of 1993. (From the judgment and Order dated 13-1-1993, passed by the High Court Division in Civil Revision No.828 of 1989). ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....e Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-2001 passed by the High Court Division in Writ Petition No. 5642 of 2000). ......oss violation of the principles of natural justice and without any recommendation of the Standing Committee as required under section 47 of the said Act. It is the case of the writ petitioner that notice dated 14th June, 2000 was issued under the signature of petitioner No. 3 at the order of res......Senior Advocate with him), instructed by Ataur Rahman Khan, Advocate Record—For the Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
....the Petitioners. Not represented—The Respondent. Civil Petition for Leave to Appeal No.109 of 1998. (From the judgment and order dated 3-8-1997 passed by the High Court Division in Civil Order No.4455 of 1997). ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holdi..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....2. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 936 of 1998. (From the judgment and order dated 10-6-1998 passed by the High Court Division in First Appeal No. 113 of 1996). ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......sp; The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners has not assailed the impugned judgment and agitating questions which were not a..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....t Kazi Ebadul Hoque J.- Pre-emptor petitioners seek leave to appeal from judgment and order dated 4-8-1997 passed by a Single Judge of the High Court Division in Civil Revision No. 2088 of 1......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......1), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritance at the time of filing of the case for pre-emption. As such their subsequently becoming cosharers by inheritance during pendency of t..Category: Property Law | Date: | Hits: 65
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....ndent No. 3. Not represented — Respondent No. 4. Civil Petition for Leave to Appeal No. 915 of 1999. (From the Judgment and order dated 12th July 1999 passed by the High Court Division in Writ Petition No. 1776 of 1998). &......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ...... The Foreign Exchange Regulation Act, 1947 (V of 1947), Section 3 The principal has always a right to take action against his agent for misdemeanour, especially when it is of criminal nature……………&..Category: Business or Commercial Law | Date: | Hits: 83
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