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Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....n case, the right of pre-emption would not be lost…………………….(14) The Transfer of Property Act, 1882 (IV of 1882), section 52 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 If re-conveyance is ma......resent: Md. Ruhul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment Ma...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......;………….(16) Cases Referred to- Biswaswar Roy vs. Joytennessa and others,13 DLR 287; Shafi Khan vs. Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nat..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....ip;…………….Appellants Vs. Abdul Baset Mia & others... .........................Respondents Judgment March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, ......sent: Md. Ruhul Amin J Md. Tafazzul Islam J Afia Begum and others…………………………….Appellants Vs. Abdul Baset Mia & others... .........................Respondents Judgment....... 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. ......le. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for pre-emption is not maintainable……………(13) Case Referred to- Md Abbas Ali vs Md Osman Ali (Minor) and others 37 DLR 324. Lawyers Involved: Chowdhury Md. ..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. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Nur Amin and others..............Appellants Vs. Abdul Quddus and others... .............Respondents Judgment March 23......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. ......h has caused the petitioner long three years. This is highly deprecated. …………….(12) Lawyers Involved: Abdul Malek, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. NI Bhuiyan, Advocate-on-Record—For..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....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.......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....... He has 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 (..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
.... Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment November 22, 2005. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to def......ourt Appellate Division (Civil) Present : Md. Ruhul Amin J MM Ruhul Amin J Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment Nove......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... form raising the question of defect of parties at the stage of cross examination of the witness ………..(21) Cases Referred to- Abdus Samad and others vs. Md Shorab Ali and others 1981 BLD (AD) 77 = 33 DLR (AD) 113; Jalaluddin Fakir vs. Shajahan All Molla and oth..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
.... JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Respondent Judgment December 7, 2004. The...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Respondent Judgment December 7, 2004......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. ......ocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Appellant (In Criminal Appeal No. 12 of 2004). Ozair Farooq, Senior Advocate, instructed by Mr. Md. Nawab Ali, Advocate-on-Record—For the Appellants (In Criminal Appeal No. 16 of 2004). Sajja..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....on Commission represented by the Chairman (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Contempt of Court Statement of para 3 of the impugned Petition filed on 5-02-2006 in the impugned case is likely to c...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chairman (Chief Election Commissioner) and......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. ......how cause as to why they shall not be proceeded with for committing contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and another filed Writ Petition No. 9157 of 2005 calling in question the decision of t..Category: Election Law | Date: | Hits: 108
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....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. ......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others...............Respondents Judgment ......llip;….(20 & 21) Cases Referred To: Bank of Maharashtra vs. Race Shipping and Transport Co Pvt. Ltd and another, AIR 1995 SC 1368; Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and others, AIR 1985 SC 330. Lawyers Invo......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
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. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March......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. ...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. Th..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... MM Ruhul Amin J Fatema Khatun and others...................Appellants Vs. Abdul Quddus..............Respondent Judgment November 21, 2005. The State Acquisition and Tenancy Act (XXVIII of 1951), sections 89(4) & 96(1) Right of pree...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Fatema Khatun and others...................Appellants Vs. Abdul Quddus..............Respondent Judgment November 21, 2005. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......Cases, 901; AIR 1932 Allahabad, 596; 13 CWN, 160; Md Zaki Khan and others vs. Munnu Sahu and another AIR 1925 Oudh 407; Ghulam Abbas vs .Razia Begum and others AIR 1951 Allahabad 86 (FB); Md. Meher Ali Mondal vs. Md Karam Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 DLR 599; A..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....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. ...... (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement O......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. ......t: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement October 21, 2003. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....arned Counsel further submitted that the impugned memo is discriminatory and is liable to be struck off as arbitrary in view of the principle enunciated in different apex courts of this subcontinent (State of AP vs McDowell & Co (1996) 3 SCC 709 (para 44); AIR 1996 SC 1672) as it denies the writ......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. ......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. ......nvolved: Fida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed by Ahsanullah Patwary, Advocate-on-Record—For the Appellant (Civil Appeal No. 385 0f 2003). AJ Mohammad Ali, Attorney-General (Adilur Rahman, Deputy Attorney-General with him), instructed by Sufia Khatun,..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....aor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment October 18, 2005. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951). President’s Order No. 88 of...... (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment ......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. ......nt: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment October 18, 2005. The..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Yogeshwar Gope………………….Petitioner Vs. State............................Respondent Judgment December 12, 2005. Result: The pe......Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Yogeshwar Gope………………….Petitioner Vs. State............................Respondent Judgment December 12, 2005. Result: ...... 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)
.... Returning Officer 41 DLR (AD) 30. It was observed: "The main object of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of du......llate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgm......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. ....... 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. Not represented—For Respondent ..Category: Election Law | Date: | Hits: 106
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
.... ...... Appellate Division (Criminal) Present: Md. Ruhul Amin J M Ruhul Amin J Md. Tafazzul Islam J State.....................Appellant Vs. Abdur Rahim…………………….Respondent......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. ......……(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....rt Appellate Division (Criminal) Present: Syed JR Mudassir Husain J Md. Fazlul Karim J Amirul Kabir Chowdhury J AHS Rahman………………………Petitioner Vs. State................... Respondent Judgment June 15, 2005. The Code of Criminal Proce......reme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain J Md. Fazlul Karim J Amirul Kabir Chowdhury J AHS Rahman………………………Petitioner Vs. State................... Respondent Judgment June 15, 2005. The Code of Crimin......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. ..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....y other matter. This Case is also Reported in: ......so Reported in: ......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: ......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
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah...........................Respondents Judgment March ......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ary, Ministry of Defence and others vs. Md. Afzal Hossain Ansari, 55 DLR (AD) 65. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (Fr..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......ry J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judg...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... which was heard by respondent Nos. 1-3 of the writ petition and by an order dated 16-6-88 they set aside the order of appellate authority and restored the order of the Collector of Customs. Abdul Alim Mallick, a Custom Inspector, also filed a complaint petition on 2-1-86 against the Captain an..Category: Business or Commercial Law | Date: | Hits: 96
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