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National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......a and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, A..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......tion was maintainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The appellant having faile......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......ane-e-Alam vs. AB Bank Ltd., 4 BLC (AD) 178; Hosne Ara Begum vs. Islami Bank Bangladesh Ltd., 5 MLR (AD) 290 = 53 DLR (AD) 9; Antibiotic Stores vs. Subordinate Judge, 55 DLR (AD) 13. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Nawab Ali, Adv..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......l Kader alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of th......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......Vs. The State, (1995) 15 BID (AD) 54 ;45 DLR (AD) 140; State vs. Ful Mia, (2000) 5 BLC (AD) 41; Abdul Karim vs. State and another, (1981) 1 BLD (AD) 200; Abdur Rashid vs. the State, 27 DLR (AD) 1. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah,..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......, Advocate-on-Record-For Respondent No.5. (In C. P. No.747 of 2007) Not represented- Respondent No.2-4, 6 & 7(In C. P.No.747 of 2007) Civil Petition for Leave to Appeal Nos.746, 745 & 747 Of 2007 (From the judgment and order......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......p;…Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ors................................Respondents (In C. P. No.747 of 2007). Judgment October 3, 2007. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Ad..Category: Trust/Waqf Law | Date: | Hits: 199
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......e Petitioner. Md. Abdul Wadud Bhuiyan, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the ......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:....................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Re..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ...... Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......d. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Lawyers Involved: A. Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advo..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......p; Not represented- For the Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th J...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..........................................................Petitioner Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. ..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ...... Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ...... Md. Abdul Matin J The State......................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ...... Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan ..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- For Respondent Criminal Petition for Leave to Appeal No. 341 Of 2005 (From the Judgment and Order dated June 13, 2005 passed ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......d Fazlul Karim J M.M. Ruhul Amin J Khalid Alom Chowdhury......Petitioner Vs The State.........................Respondent Judgment September 2, 2007 Lawyers Involved: Khondokar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rah..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......hman, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the H......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Huq Huq, Senior Advocate (Khondker Mahbubuddin Ahmed, Senior Advocat..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......ed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......36 Company Cases 250; Kishore Y. Patel Vs. Patel Engineering Co Ltd., AIR 1992; Md. Shamsuzzaman Khan Vs. M.S. Islam and others, 28 DLR 101; Chahia Fibre Co vs. Abdul Jabbar 20 DLR (SC) 335. Lawyers Involved: Shafique Ahmed, Senior Advocate (A.K.M. Nazrul Islam, Senior Advocate and ..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......AD) 418; Shahana Alam vs. Ms Farida Begum 2 MLR (AD) 153 = 2 BLC (AD) 92; Md Yeasin Khan vs. DC, Brahmanbaria 2 MLR (AD) 211 and Nurul Islam vs Amirul Islam 4 MLR (AD) 363 = 3 BLC (AD) 222. Lawyers Involved: Abdul Quayum, Senior Advocate, Md Nawab Ali, Advocate-on-Record— F..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1494 of 2004). Judgment Md. Tafazzul Islam J.- By this peti......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......ed to reagitate grounds agitated in the rejected leave petition……………(5) Case Referred to: Mafizul Haque vs Mofizur Rahman 48 DLR (AD) 121. Lawyers involved: Md. Noor-e-Alam Jahangir—Petitioner-in-person. Aftab Hossa..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......esh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunct......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such trespasser …………….(5) Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......cquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......zal J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: Th..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......lection can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held the suit to be maintainable. The election held......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......Inderjit Barua Vs. Election Commission of India, 1984 SCR, 1911; A.K.M. Hasanuzzaman Vs. Election Commission 1 SCR 493; Election Commissioner of India Vs. Shivaji, 1984 1 Supreme Court Cases 277. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Re..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brou......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ....... Prem Debi and others AIR 1959 Patna 570; G. Jaykumar Vs. R. Ramaratnam AIR 1972 Madras 212; M.K. Sowbhagiammal and another Vs. Komalangi Ammal and another, AIR 1928 Madras 803; 46 CWN 374 P.C. Lawyers involved: S.R. Pal, Senior Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record—..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for conviction even without corroboration. A dying declaration may be recorded by any person who is ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... house. This is sufficient corroboration of the statement of the deceased regarding the circumstances in which she received injuries to which she succumbed later on………………………(11) Lawyers Involved: Mainul Hosein, Advocate, (Joynul Abedin, Advocate, with him), instructed by Md...Category: Criminal Law | Date: | Hits: 50
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