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Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....g that the trial Court noticed the internal incongruity in the cartridge paper on which agreement for sale was drawn up in that the water mark in the cartridge paper was the national symbol of the Government of India and consequently, the cartridge paper was not in use in the then East Pakistan ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 59

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. ......dvocate-on-Record—For Respondent Nos. 1 & 2. Not represented—Respondent Nos. 3-36. Civil Petition for Leave to Appeal No. 37 of 2002. (From the judgment and order dated 5-11-2001 passed by the High Court Division in Civil Revision No. 5326 of 2000). ..

Category: Property Law | Date: | Hits: 68

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......li, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 1141 of 2000. (From the judgment and order dated 6th June, 2000 passed by the High Court Division in Civil Revision No. 1502 of 1994). ..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ........................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under t..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic of Bangladesh 6 MLR (AD) 8; Manjurul Huq vs. Bangladesh and oth......r Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed by the High Court Division in Writ Petition No. 3773 of 1996, 2746 of ..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....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. ......vocate-on-Record — For Respondent No. 1. Not represented — Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 1190 of 2004. (From the judgment and order dated 7th August 2004 passed by the High Court Division in Civil Order No. 291 of 2004). ..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... behalf by the Account General clearly unless the Finance Minister, after consultation with Accountant General otherwise directs in a proper case; no money can be withdrawn from the Account of the Government without an authority as contemplated in the said Rules and the appellant, in the absence......m) instructed by MG Bhuiyan, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 120 of 1998. (From the judgment and order dated 7th July, 1994 passed by the High Court Division in Civil Revision Nos. 758 of 1992). ..

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. ......e has been filed against the judgment dated July 23, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4097 of 1996 making the Rule absolute obtained against the judgment and order dated September 30, 1996 of the Court of Additional District Judge, Bagerhat in Miscellaneous..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

..... 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.   ......emptors appeal by leave against the judgment dated May 26, 1997 of a Single Bench of the High Court Division in Civil Revision No. 343 of 1995 discharging the Rule obtained against the judgment and order dated October 22, 1994 of the 2nd Court of Subordinate Judge (now Joint District Judge), Nars..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....t of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Governmen......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

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......ahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 564 of 2003. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000). ..

Category: Civil Law | Date: | Hits: 95

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....oned property and the Ministry of Commerce through the Deputy Commissioner, Dhaka controlled the management of the said building and the father of the writ petitioner was accepted as tenant under the Government. Accordingly, father of the writ petitioner regularly paid rent to the Government. Petiti......75 of 1999). Not represented- Respondent No. 1 (In Civil Petition No. 1674 of 2004). Civil Petition for Leave to Appeal Nos. 1674-75 of 2004. (From the judgment and order dated 17-8-2004 passed by the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001)..

Category: Tenancy Law | Date: | Hits: 67

Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)

....Golden Bengal Tobacco Limited and Messrs Haji Hashem and Haji Ahmed Brothers left this country and the property was nationalised as per provision of President's Order No. 127 of 1972. Thereafter, the Government decided to disinvest the entire property of Messrs Golden Bengal Tobacco Limited and acco......mad, Advocate, instructed by Md. Feroz Shah, Advocate-on-Record—For Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 113 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)...

Category: Tenancy Law | Date: | Hits: 72

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

....im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......) instructed by Sufia Khatun, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-22. Civil Appeal No. 244 of 2001. (From the judgment and order dated 19-11-1999 passed by the High Court Division in Civil Revision No. 559 of 1997). ..

Category: Property Law | Date: | Hits: 64

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....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. ......l Appeal No. 12 of 2004 and Sergeant Shoaibur Rahman and Sergeant Md. Russel Arafat are the appellants in Criminal Appeal No. 16 of 2004. Criminal Appeal No. 12 of 2004 is against the judgment and order dated 21 January 2004 passed by a Division Bench of the High Court Division of the Supreme Co..

Category: Criminal Law | Date: | Hits: 64

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

....lows: "That the petitioner is a trader by occupation. That the respondent No.1 is a Banker, as defined under section 3(b) of the Negotiable Instruments Act, 1881, owned by the Government. That the petitioner deposited Taka 3,45,000 under deposit receipt FDR No. 000552-2344 ......-matter suppressing the pendency of the former suit. Such suppression disentitles respondent no. 1 to claim any relief in the Writ Jurisdiction as there could be conflicting decisions. Moreover the order passed by the High Court Division being not a speaking order, it cannot be sustained…..

Category: Banking Law | Date: | Hits: 101

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

....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. ......s made therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with similar prayers. Both the petitions being heard by the High Court Division have been disposed of by the judgment and order dated 4-1 -2006 giving some findings and observations. 5. Being aggrieved the Electio..

Category: Election Law | Date: | Hits: 108

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

.... the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired......(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has clo..

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. ......on who has not claimed title in the property sold in auction in the certificate proceeding initiated as per provisions of the Public Demand Recovery Act after lapse of about 12 years. The impugned order of the Senior Assistant Judge setting aside the order of the Revenue authority is restored&he..

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. ......urt and decreed the suit is of no merit. 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. ..

Category: Property Law | Date: | Hits: 66