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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. ......ity by receiving rent from him. If the authority concerned validly and legally transferred the premises, 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 ..

Category: Tenancy Law | Date: | Hits: 67

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.......3 and 114 of 2003. (From the judgment and order dated 20-7-2002 passed by the High Court Division in Civil Revision Nos. 198 and 199 of 1998). Judgment: KM Hasan J.- The petitioner seeks leave to appeal against the judgment and order dated 20-7-2002 passed by a Single Bench of the High ..

Category: Tenancy Law | Date: | Hits: 72

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....(AD) 113 by which the Appellate Division, in fact, overruled its earlier decision and therefore, the High Court Division erred in law in allowing the prayer for preemption  ignoring the  special  feature of the instant case that the non-joinder of certain co-sharers was admitted b......m the judgment and order dated 19-11-1999 passed by the High Court Division in Civil Revision No. 559 of 1997). Judgment:      MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 19-11-1999 passed by a Single Bench of the H..

Category: Property Law | Date: | Hits: 64

Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)

.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......and order dated 9th January 2001 passed by the High Court Division in Writ Petition No. 5543 of 2000). Judgment:       Md. Tafazzul Islam J.- This appeal by leave is directed against the judgment and order dated 9-1-2001 of the High Court Division passed i..

Category: Banking Law | Date: | Hits: 101

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

....palganj in the afternoon of Thursday the 2nd February, 2006 and returned from Gopalganj around 9-00 PM on 4th February, 2006 and received a "confidential and urgent letter" sent through special messenger from Alhaj Nurul Islam Moni, MP and was astonished to read the same. The letter ......for Respondent No. 2. Suo motu Rule No. 3 of 2006. Judgment:       Amirul Kabir Chowdhury J: The suo motu Rule was issued on 27 March 2006 upon the leave petitioner of CP Nos. 88 of 2005 and 166 of 2005, the Election Commission, represented by the..

Category: Election Law | Date: | Hits: 108

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

...., 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. ......dated 26-8-2002 passed by the High Court Division in Civil Revision No. 3100 of 2001). Judgment:       Amirul Kabir Chowdhury J.- This appeal by leave at the instance of the defendant arises out of the judgment and order dated 26-8-2002 passed ..

Category: Property Law | Date: | Hits: 51

Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)

....rcumstances can interfere and the High Court Division was wrong in granting reliefs by way of interim order which the High Court Division is competent to grant even after hearing except under very special circumstances. 7. The learned Counsel for the appellant, submitted that the High Co......y 3, 2000 passed by the High Court Division in Writ Petition No.60 of 2000). Judgment:            Md. Ruhul Amin J.- The appeal by leave is against the order dated January 3, 2000 of a Division Bench of the High Court Division in ..

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. ......he High Court Division in Second Appeal No.713of 1970). Judgment:             Md Ruhul Amin J.-This is plaintiff's appeal, by leave, against the judgment dated April 6, 1997 of a Single Bench of the High Court Division in Sec..

Category: Property Law | Date: | Hits: 66

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

.... the case of Ahmed Hossain and others vs. Basharat Ali and others reported in 32 DLR (AD) 54, wherein it has been observed "A citizen's right to deal with his property freely, in view of the special statutory provision, bears a clog, this is, subject to right of pre-emption. The statutory ......45 DLR (AD) 26; Noab Mian Bhuiyan vs. Golam Hossain 13 DLR 889. Lawyers Involved: AH Amin, Advocate-on-Record—For the Appellants. Nazibar Rahman, (appeared with the leave of the Court) instructed by Firoj Shah, Advocate-on-Record— For the Respondent. ..

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. ......d—For Respondent No. 1. Civil Appeal 129 of 1998. Judgment:              MM Ruhul Amin J.- This appeal by leave is from the judgment and order dated 1st September, 1996 passed by the High Court Division in..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....made under section 10 to be wireless telegraphy apparatus, but does not include any such apparatus, appliance, instrument or material commonly used for other electrical purposes, unless it has been specially designed or adapted for wireless communication or forms part of some apparatus, applianc...... the judgment and order dated 28th August 2003 passed by the High Court Division in Writ Petition Nos. 4196 of 2003). Judgment Mohammad Fazlul Karim J.- The writ-respondent-appellants obtained leave to appeal to consider the following grounds: "For that exclusion of the application of th..

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. ......ent and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). Judgment:       Md. Fazlul Karim J.- This appeal by leave arose out of judgment and order dated 6th May, 1992 of the High Court Division passed in Civi..

Category: Property Law | Date: | Hits: 71

Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

.... 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. ......the judgment and order dated 12-1-2003 passed by the High Court Division in Death Reference No. 46 of 2000). Judgment Amirul Kabir Chowdhury J.- Yogashwar Gope, the convict petitioner, seeks leave to appeal against the judgment and order dated 12-1-2003 passed by the High Court Division in ..

Category: Criminal Law | Date: | Hits: 47

Abdul Kader Vs. Secretary, Election Commis­sion and others, 2006, 35 CLC (AD)

....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. ......by the High Court Division in Writ Petition No. 480 of 2003). Judgment:             Md. Fazlul Karim J.- The petitioner seeks leave to appeal against the judgment and order dated 25-7-2005 passed by the High Court Division di..

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. ......iled cross objection. The Appellate Court dismissed the appeal by decreeing the suit for more area of land being 4.17 acres of land. Against the aforesaid judgment of the lower Appellate Court, the leave petitioners moved the High Court Division and the Rule obtained in the Revision was discharge..

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. ......er dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001). Judgment:        Md Tafazzul Islam J.- This petition for leave to appeal at the instance of the writ respondents is directed against the judgment and order ..

Category: Property Law | Date: | Hits: 72

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. ......9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Case No.4692 of 1997). Judgment:       MM Ruhul Amin J.- This appeal by leave is directed against the judgment and orders dated 9-12-1997 and 21-5-1998 passed by a Divisio..

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. ...... 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8505 of 2002 and Criminal Miscellaneous Case No. 8506 of 2002). Judgment: Md. Fazlul Karim J.- The petitioner seeks leave to appeal against the impugned judgment and order dated 4-1-2005 passed in Criminal Miscellane..

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

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....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: ...... (From the judgment and order dated 14-12-1997 passed by the High Court Division in Death Reference No. 9 of 1995). Judgment Amirul Kabir Chowdhury J.- The State has preferred this appeal by leave against the judgment and order of the High Court Division dated 14-12-1997 passed by a Divisio..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......n No. 5360 of 2003). Judgment:     Syed JR Mudassir Husain CJ.- The petitioner Bangladesh Agricultural Development Corporation represented by its Chairman is seeking leave to appeal against the judgment and order dated 11 -2-2004 passed by the High Court Division i..

Category: Employment/Service Law | Date: | Hits: 66