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Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......on rightly found that the preemptor Respondents are entitled to get the benefit of section 14 of the Limitation Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nadera Rahman, 37 DLR (AD) 184; Sakina Khatoon vs. Ibrahim Ahmed Khan, 2 MLR (AD) 330. ......ppellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Selim (Md) and others........................Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents Judgment ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... 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. ...... ......vil) Present : Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Anwar Hossain………………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. ......LR 239. In that case the petitioner, a lessee of a canteen of Diabetic Association, by filing writ petition prayed for a Rule Nisi under Article 102(2)(a) calling upon the Director General and the Secretary of the said Association to show cause why the orders passed by them requiring him to pay ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
.... 1951 Cal 262, 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 Pe......relief for a decree by way of realization thereof………….(6) Cases Referred to- Sk. Md. Junaid and others vs. Turner Morrison & Co. Ltd. 26 DLR 111; Ahmed Hossain vs. Mt Chembeli and others, AIR 1951 Cal 262, Mela and another vs. Labhu and another, AIR ......d JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment ......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)
.... 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. ...... 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. ...... 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. ......espondent No. 1 filed Title Suit No. 8 of 1997 in the Court of Subordinate Judge (now Joint District Judge) First Court, Dhaka seeking decree for Taka 2,15,374 against the Ministry of Works and its Secretary, the respondent Nos.2 and 3 herein, and obtained ex parte decree. In the above suit the ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... 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. ...... Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nath Nandi, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—Respondents. ......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. ..Category: Property Law | Date: | Hits: 67
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....he name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settlement of 2.50 acres of ......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. ..Category: Property Law | Date: | Hits: 51
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. ......ses, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissed……..(9 & 10) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record for the petitioners (In both the cases). A. B. M. Khalequzzaman...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15......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. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....y tenant. 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 Pet......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...Category: Tenancy Law | Date: | Hits: 72
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....lam Moni MP to show 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 dec......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. ...... 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......the decision of the writ respondents to prepare a fresh electoral roll taken by the Chief Election Commissioner without consent of the two other Commissioners and the appointment given by the Secretary, Election Commission to about 2,40,000 enumerates, 70,000 supervisors, 6235 assistant re..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... the Court of learned Subordinate Judge and the matter was fought upto the High Court Division and the title of Afsaruddin was declared. 3. Afsaruddin died leaving four sons, namely, Mohammad Sarif Mia, Salahuddin, Arju Miah and Mubarak Miah and Mobarak got the entire property, and......, 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. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Rajdhani Unnayan Kartripakha......................Appellant Vs. Abdul Jakir and others........................Respondents Judgment......, 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)
....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. ......llector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and others, AIR 1985 SC 330. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain. Advocate-on-Record— For the Appellants. Md. Wahidullah, Advocate-on-Record......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 ......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)
....property by a Muhammadan to his wife purporting to be made in consideration of a dower debt is a sale and is governed by the provisions of section 54 of the Transfer of Property Act. In the case of Mohammad Zaki Khan and others vs Munmi Sahu and another reported in AIR 1925 Oudh 407 it was held ......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; Ashutosh Mali and others vs. Shamsunnahar and others 33 DLR 254; Ahmed Hossain and others vs. Basharat Ali and others 32 DLR (AD) 54; Dukhiram Mondal vs. Aminuddin Molla ...... 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. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... Court Division, it was not justified in making the rule absolute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record —For t......solute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record —For the Appellants. Md. Abdul Wadud Bhuiyan, Senior Adv...... (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...... accepting the nationality of Bangladesh. The Court of Settlement further observed that, in fact, the respondent No. 1 started claiming the property and applied to the Secretary, Ministry of Works in the year 1983 and the application claimed to be o..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... orders of the High Court Division are hereby set aside. Ed. ......003). Rafique-ul-Huq, Senior Advocate, (A Hasib, Senior Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (Civil Appeal No. 383-84 of 2003). Dr Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzz......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. ......er no circumstances, it can be understood or interpreted the way writ-respondent No. 3 viewed the same as a ground for rejecting the writ-petitioner's application. 3. The writ-respondent No.2 Secretary, Ministry of Information Affairs contested the Rule denying the statements made in the wri..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. ......f Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain 35 DLR (AD) 225; Abdus Sattar Mallick vs Younus Mallick and others 12 DLR 849; Tarapada Kar...... (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. ..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......কজন ঘটনাস্হলে আসিতে থাকিলে আসামীরা পলায়ন করে।” 14. The learned Counsel however, insisting on evidence of PW 11 Amir Hossain who investigated the case initially, submits that even the investigating officer admitted th......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. ..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....nee from being a defaulter, the legislature would have certainly made the provision for it in the section itself……………..(6) Cases Referred To: Nur Mohammad vs. Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam vs. Mujibul Huq 41 DLR (AD) 68; ......tself……………..(6) Cases Referred 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. ......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......on (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment O..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....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. ...... Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others......................Respondents Judgment ...... Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ....... Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present : Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs ..Category: Property Law | Date: | Hits: 72
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. ......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......sence of Post and Telecommunication Minister Mr. Md. Nasim and it was stated in that meeting that a number of consultancy firms had expressed their intention to act as consultant for the project. The Secretary of the concerned Ministry termed these proposals as unselected and opined that a tender co..Category: Anti-Corruption Laws | Date: | Hits: 89
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