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Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....abish, Advocate-on-Record— For Respondent No. 1. Abdur Razzaque, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—for Respondent No. 2. Suo motu Rule No. 3 of 2006. Judgment: Amirul Kabir Chowdhury......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. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....y leave at the instance of the defendant arises out of the judgment and order dated 26-8-2002 passed by a Single Judge of the High Court Division in Civil Revision No. 3100 of 2001 discharging the Rule. 2. The respondent as plaintiff instituted Title Suit No. 160 of 1997 in the 6th......, 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)
....before the High Court Division under Article 102(2) of the Constitution. 3. In the writ petition amongst the reliefs the following reliefs were sought: "A. Issue a Rule Nisi upon the respondents to show cause as to why inclusion of the names of the petitioners i......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)
....nbsp; Md. Ruhul Amin J.- The appeal is by the heirs of the pre-emptee against the judgment dated June 28, 2000 of the High Court Division in Civil Revision No. 1722 of 1993 making the Rule absolute upon reversing the judgment and order dated June 9, 1993 of the Court of Additional D...... Md. Ruhul Amin J.- The appeal is by the heirs of the pre-emptee against the judgment dated June 28, 2000 of the High Court Division in Civil Revision No. 1722 of 1993 making the Rule absolute upon reversing the judgment and order dated June 9, 1993 of the Court of Additional Distri..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....sp; 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 Writ Petition No. 43 of 1996, making the Rule Nisi absolute and setting aside the judgment and order dated 1-5-1995 passed by the 1st Court ...... based on no evidence or based on non-consideration of material evidence on record. There having been no finding in this respect by the High Court Division, it was not justified in making the rule absolute upon reversing the Judgment of the Court of Settlement………(9 & 12)..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....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 writ petition and contending, inter alia, that the letter da......although no such application was found after thorough search. 5. The High Court Division disposed of the Rule in Writ Petition No. 4196 of 2003 and made the Rule in Writ Petition No. 3488 of 2003 absolute declaring that the impugned order and subsequent actions of the writ respondents in not ret..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....bsp; 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 Civil Revision No. 1585 of 1989 discharging the Rule issued against the judgment and order dated 7th September, 1989 by the District Judge, Hobigon......r 1974. A co-sharer of Abdul Bari filed an application on 1st November 1974 for pre-emption under section 24 of the Non-Agricultural Tenancy Act alleging that the transfer to Ayesh Khan had become absolute as soon as the kabala was registered and that the subsequent reconveyance was fraudulent a..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....nbsp; 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 discharging the Rule issued against declaring the petitioner a defaulter illegally cancelling his nomination paper ......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. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....dants-the Secretary. Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7-12-1998 discharging the Rule thereby affirming the judgment and decree dated 16-11-1997 in Title Appeal No. 25 of 1997 pass......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. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....ed to him and that the last intimation that was given to him is on 1-2-2002 and after that the petitioner was not informed anything as to the fate of his prayer. Then the High Court Division issued Rule calling upon the respondent Nos. 1-3 to show cause as to why they shall not be directed to act...... there was no scope for allotment of any plot to the petitioner and further that there is also no excess land for allotment to the petitioner. The High Court Division, after hearing, made the Rule absolute. 3. The learned Counsel appearing for the petitioner submits that the High Court D..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....us Case No.4692 of 1997. The Miscellaneous Case was registered upon an application filed under section 498 (wrongly written as 496) of the Code of Criminal Procedure. The High Court Division issued Rule to show cause as to why the respondent shall not be enlarged on bail and ad interim bail was ......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. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
.... Judgment: Md. Fazlul Karim J.- The petitioner seeks leave to appeal against the impugned judgment and order dated 4-1-2005 passed in Criminal Miscellaneous Case No. 8505 of 2002 discharging the Rule under section 561A of the Code of Criminal Procedure for quashing the proceeding in Special Cas......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
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ent 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 in Writ Petition No. 5360 of 2003 making the Rule absolute. 2. The facts leading to this petition, are briefly stated, to the effect th......rporation represented by its Chairman is seeking leave to appeal against the judgment and order dated 11 -2-2004 passed by the High Court Division in Writ Petition No. 5360 of 2003 making the Rule absolute. 2. The facts leading to this petition, are briefly stated, to the effect that on ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....serving as Thana Family Planning Officer at Bamna Upazilla under District of Barguna, a departmental proceeding was drawn up against him on 12-3-1988 under Government Servants Discipline and Appeal Rules, 1985 as to the allegations of corruption and misconduct during his tenure of service at Kal......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: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....bo and Maldives Ports. The local agent on receipt of information regarding sailing of the vessel applied to the Director General, Department of Shipping under Bangladesh Flag Vessels (Protection) Rules, 1982 for waiver certificate and the same was issued on 21-12-85, the local agent applied to ...... Md. Fazlul Karim J.- This appeal by leave arose out of impugned judgment and order of the High Court Division dated 10-6-1998 making the rule absolute in Writ petition 1515 of 1998 and directing return of the Bank guarantee furnished by the ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....t for leave to appeal are directed against the judgment and order dated 12-7-1998 passed in Writ Petition No. 428 of 1989 (heard along with other Writ Petitions) by the High Court Division making the Rules absolute. 2. The Rules in all the writ-petitions were issued calling upon the leave-petiti......leave to appeal are directed against the judgment and order dated 12-7-1998 passed in Writ Petition No. 428 of 1989 (heard along with other Writ Petitions) by the High Court Division making the Rules absolute. 2. The Rules in all the writ-petitions were issued calling upon the leave-petitioner w..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....etition for Leave to Appeal No. 831 of 1999 by which this Division upheld the judgment and order dated 27-2-2000 passed by the High Court Division in Writ Petition No. 1138 of 1995 discharging the Rule. 2. The petitioner filed the above writ petition challenging the orders dated 11-1-95 ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....gment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated November 5, 2003 of the High Court Division in Civil Revision No. 1226 of 2003 discharging the Rule with a direction to the trial Court to dispose of the petition filed under Order XXXIX, rules 1......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....appeals were also dismissed and then the plaintiff filed the above two civil revisions and the learned single judge by the impugned judgment and order decided both the civil revisions and made the Rules absolute. The High Court Division decreed the suits. 3. Mr. Md. Fazlul Karim, the lea......w in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule absolute and decreeing the suit on consideration of the alleged long adverse possession of the plai..Category: Property Law | Date: | Hits: 51
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