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Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....sumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a question of fact and as no such fact has been proved the High Court Division rightly found that the preemptor Respondents are entitled to get the benefit of......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
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....nt 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). Judgment: &nbs......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. ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....No. 1405 of 2002. Judgment Abu Sayeed Ahammed J.- Petitioners seek leave to appeal against the judgment and order dated 12-5-2002 of a Company Judge of the High Court Division passed in Company Matter No. 5 of 1995 arising under section 233 of the Compani......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. ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....resented—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 1997 and 3834 of 1999). Jud...... 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. ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....o. 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). Judgment: &n......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)
....-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). Judgment: &nbs...... 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. ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....Advocate-on-Record—For the Appellant. Not represented—Respondents. Civil Appeal No. 267 of 2002. (From the Judgment and Order dated July 23, 2001 passed by the High Court Division in Civil Revision No. 4097of1996) Judgment: &...... 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
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....of reconveyance would be treated as a sham and colourable transaction. In such a case, the right of pre-emption shall subsist…………………..(11) The High Court Division on independent consideration of the materials on record concurred with the fin....... 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. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ants Vs. Abdul Quddus and others... .............Respondents Judgment March 23, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed b......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)
.... Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge wit......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. ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....d- 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). Judgment: MM Ruhu......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)
........Petitioner Vs. Bengal Bricks Industries Ltd. & anr................Respondents Judgment March 1, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has ......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
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....-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). Judgment: ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is devoid of remorse. The Court finds no reason to differ with the findings of the High Court Division regarding acceptance of the unqualified apology either to exonerate the contemn......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. ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....he 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…..(8) ...... 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. ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....pursuance of the impugned decision and also prayer for stay was 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 fin......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)
....sh; For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 121 of 2003. (From the judgment and order dated 26-8-2002 passed by the High Court Division in Civil Revision No. 3100 of 2001). Judgment: &nbs......, 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)
.... Respondent Nos. 1 and 2. Not represented— Respondent Nos. 3 and 4. Civil Appeal No. 39 of 2000. (From the Judgment and Order dated January 3, 2000 passed by the High Court Division in Writ Petition No.60 of 2000). Judgment: &n......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
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Code of Civil Procedure 1908 (V of 1908), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it excee......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. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....e of the Court) instructed by Firoj Shah, Advocate-on-Record— For the Respondent. Civil Appeal No. 253 of 2001. (From the Judgment and Order dated June 28, 2000 passed by the High Court Division in Civil Revision No. 1722 of 1993). Judgment ...... 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