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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. ......ted 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. ......-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. ......fazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....te on 13-10-1993. 5. The petitioner, a third party, after coming to know about the ex parte decree in Title Suit No. 98 of 1985 preferred Other Appeal No. 555 of 1983 in the Court of the District Judge, Chittagong as he was not impleaded in the suit though he was in possession of the petrol pump...... 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.......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.......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)
....ivil Revision No. 559 of 1997 making the Rule absolute. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisitio...... appeal is, accordingly, dismissed without any order as to costs. Ed. ......is, accordingly, dismissed without any order as to costs. Ed. ......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)
....ional apology but they did not promise that they would never repeat the forbidden act. It was devoid of remorse as well. The contemners by casting doubt about the flag of the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humi...... 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. ......censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......ag of the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humiliate the authority, dignity and prestige of the Supreme Court of Bangladesh and made themselves guilty of gross contempt of Court…………..(..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... April 17, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section XXXVII, rule 2 During pendency of Summary Suit No. 6 of 1996 in the Court of the District Judge, Dhaka under the provisions of Order XXXVII rule 2 of the Code of Civil Procedure respondent ......stained. 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. ...... 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. ......bsp; Payment Order Ansarul Huque Bengal Techno Consult Ltd. 14/1, Abhoy Das Lane, Bangladesh. Agrani Bank. Hatkhola Branch. &n..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
.... Contempt of Court Statement of para 3 of the impugned Petition filed on 5-02-2006 in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public a......r 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. ......o 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. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Elect..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... 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 by a Single Judge of the High Court Division in Civil Revision No. 3100 of 2001 discharging the Rule. ......pugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......udgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ...... to- Nur Muhammad vs. Moulvi Mainuddin 39 DLR (AD) 1; Mian Muhammad Latif vs. Province of West Pakistan, PLD 1970 SC 180; Al-Haj Abul Basher being dead his heirs Hosne Ara Begum vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: AKM Nazrul Islam, Senior..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....n 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………….......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. ......ckground of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......k and other........................Appellants Vs. Essential Garments Ltd. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... Single Bench of the High Court Division in Second Appeal No.713 of 1970 allowing the same upon setting aside the judgment and decree dated March 10, 1970 of the 1st Court of Additional Subordinate Judge, Sylhet in Title Appeal No.413 of 1969 allowing the same and thereupon decreeing the suit upo...... 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. ......ackground of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......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)
....ed 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 Appeal No.41 of 1989 affirming the judgment and order dated April ......ingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ...... 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)
....ain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement October 21, 2003. The Constitution of Bangladesh, 1972, Article 102 ......aking 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. ...... 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. ...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and othe..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......e appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......s are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ...... set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... 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, Hobigonj in Miscellaneous Appeal No. 66 of 1987 setting aside those dated 29th July 1987 of ......hen 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. ....... 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. ......ession 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 35 DLR (AD) 225..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....d 22-4-1997 was started against the petitioner and others and the police after investigation submitted charge-sheet on 29-10-1997. 3. The case thereupon being sent for trial, the learned Sessions Judge framed charge against the accused petitioner and others under sections 302/326/448/34 of the P......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. ......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. ...... 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)
....rmed the order dated 1-1-2003 of the Returning Officer holding him disqualified as a loan-defaulter with the said Bank. 4. Upon a split judgment the matter was referred to the learned third Judge who was pleased to discharge the Rule. The petitioner, being aggrieved, moved th...... 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. ...... 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. ......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)
....ivil 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 passed by the learned Additional District Judge, 2nd Court, Narayanganj who allowed the appeal in part reversing those passed by the learned ...... 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. ......ntiff-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. ......preme 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. Sirajuddin Ahmed and ot..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. ......ment 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. ......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. ......is dismissed. Ed. ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....strate, Dhaka. The application for bail was rejected and the respondent preferred Criminal Miscellaneous Case No.5229 of 1997 before the Court of Session, Dhaka and the learned Additional Sessions Judge, 7th Court, Dhaka by his order dated 26-11-1997 also rejected the prayer for bail. Against th......n an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......ication under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......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)
....ashing the proceeding in Special Case No. 73 of 2002 corresponding to Metropolitan Special Case No. 86 of 2002 arising out Ramna PS Case No. 23(1) 02 now pending in the Court of Metropolitan Sessions Judge, Dhaka. 2. An first information report was lodged on 8-1-2002 by one Md. Abdul Hai, Anti-C......fect 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. ...... 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. ......in the Court of Metropolitan Sessions Judge, Dhaka. 2. An first information report was lodged on 8-1-2002 by one Md. Abdul Hai, Anti-Corruption Officer (Task Force No. 1), Anti-Corruption Bureau, Bangladesh, Dhaka with the Ramna PS alleging, inter alia, that Md Nasim, former Minister for Post an..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....judgment and order of the High Court Division dated 14-12-1997 passed by a Division Bench rejecting Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Court of Sessions Judge, Khulna. 2. The facts as stated in the petition, in short, are that on 5-11-1993 PW 2, one...... @ 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: ......q, 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: ......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
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