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

....eal 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 District Judge, Dinajpur in Miscellaneous Appea...... 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

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

.... 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 Writ Petition No. 43 of 1996, ...... ..

Category: Property Law | Date: | Hits: 77

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

....Respondent No. 2 (Civil Appeal Nos. 387 of 2003). Not represented—Respondent Nos. 1-9 (Civil Appeal No. 384 of 2003). Civil Appeal Nos. 383-384 with 385-387 of 2003. (From the judgment and order dated 28th August 2003 passed by the High Court Division in Writ Petition Nos. 4196 of 2003). ......ed Counsel, submitted that the writ petitioner brought the money from the foreign sector and is a foreign investor and invested a huge amount of money pursuant to the promise and encouragement of the Government. Commission's failure to take this mandatory section into account before rejecting the wr..

Category: Information Technology Law | Date: | Hits: 266

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....— For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. Civil Appeal No. 15 of 1998. (From the judgment and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). ...... that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain ..

Category: Property Law | Date: | Hits: 71

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

....vocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 41 of 2003. (From the judgment and order dated 12-1-2003 passed by the High Court Division in Death Reference No. 46 of 2000). Judg...... 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. ..

Category: Criminal Law | Date: | Hits: 47

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

....ate-on-Record—For Respondent No. 4. Not represented—For Respondent Nos. 1-3.  Civil Petition for Leave to Appeal No. 1099 of 2005. (From the judgment and order dated 25th July 2005 passed by the High Court Division in Writ Petition No. 480 of 2003). ......bdul Kader.....................Petitioner Vs. Secretary, Election Commis­sion and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of ..

Category: Election Law | Date: | Hits: 106

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

....nstructed by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Dispensed with—Respondent Nos. 2 & 3. Civil Appeal No. 70 of 2003. (From the judgment and order dated 7-12-1998 passed by the High Court Division in Civil Revision No. 2170 of 1998). ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddi..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

.... by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001).......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. ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

.... Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Ca......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)

.... Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 99 of 2005 (From the judgment and order, dated 4tn January 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8......That on inspection of the said Ministry's file No. PT. Shaka-5/4-6/98 (Part-2) held on 30-3-1999 it is revealed that committee opined that as the members of the Committee are all engaged in important Government assignment the necessity of a consultant is essential and once the committee receives the..

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

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

.... prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable and manif......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: ..

Category: Criminal Law | Date: | Hits: 67

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

....ngir, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003)......wer conferred by section 52 of the Bangladesh Agricultural Development Corporation, 1961 (Ordinance No XXXVII of 1961) read with section 9 thereof the Corporation with the previous approval of the Government made the Bangladesh Agricultural Development Corporation (Service) Regulation 1968 where..

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

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

.... Amir Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (From the judgment and order dated 22-3-1999 passed by the High Court Division in Appeal No.6 of 1996). Judgment ......sal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly dismissed………….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....instructed by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judgment and order dated 10th June 1998 passed by the High Court Division in Writ Petition No. 1515 of 1988). ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangla­desh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Fi..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

.... The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the lea......these are dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....mdash;For the Petitioner (In all the cases). Not represented—Respondents (In all the cases). Civil Review Petition Nos. 52, 53 & 54 of 2000 (From the judgment and order dated 24 February 2000 passed by the Appellate Division in Civil Petition Nos. 830,831 & ......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)

....ment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselv......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)

....                    Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Court Division accepting the Death Refe......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)

.... Dispensed with— Respondent Nos. 2-5 & 17-20. Ex parte—Respondent Nos. 6-8 & 13-16. Civil Appeal Nos. 18 & 19 of 1999. (From the judgment and order dated 5-5-1998 passed by the High Court Division in Civil Revision Nos. 560 & 149 of 1996......handra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is ..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....possession has been taken by issuance of notice under article 7 of President’s Order No.16 of 1972.  No notice being served under article 7 upon the appellant entitling him to challenge the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 a......1989 in respect of House No. 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin..

Category: Property Law | Date: | Hits: 108