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Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....u and Jaibal Abedin then transferred the suit land by sale, deed being 45789 dated 6‑12‑79 to the defendant. The defendant got the land mutated in his name and possessed on payment of rent to the Government. 5. On the pleadings the issues were framed regarding the maintainability of the sui......rected her to make an application for possession. 8. Accordingly, the plaintiff made an application for recovery of possession which was registered as Title Execution Case No.01 of 2003. By order dated 21‑1‑2003 a Writ of delivery of possession was issued and same date the process serv..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....1‑1‑1961 to manage and look after his property at Rangpur. It was also the case of the original plaintiff that at the time of exchange the property in suit was under requisition of the Government and occupied by the Manager, Employment Exchange, Rangpur, Thana Agriculture Office......lationship of the parties from long before the transaction, the documents produced by the defendant No. 1, namely, the passport of his wife Exhibit Y(9), the certified copy of income tax assessment order Exhibit EE and other connected papers to arrive at a conclusion that the defendant No. 1 was ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....tate, PLD 1979 SC 741; M Amir Khan vs Controller, State Duty, 14 DLR (SC) 276, Zobaida Nahar @ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others, 3 BLC (AD) 170, Nurul Hussain vs Government of the People's Republic of Bangladesh, 1 BLC (AD) 219 and 43 DLR (AD) 92. Lawyer......dditional Attorney General, instructed by Md Wahidullah, Advocate-on‑Record‑For the Respondent. Criminal Review Petition No. 9 of 2004. (From the judgment and order dated April 10, 2004 passed by the Appellate Division in Criminal Petition for Leave to Appeal..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 738 of 2004. (From the judgment and order dated 12th April 2004 passed by the High Court Division in First Appeal No. 96 of 2002). Ju..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......d‑For‑ the Respondent No. 2. Not Represented ‑ Respondent No. 3‑5. Criminal Appeal No. 68 of 2003. (From the judgment and order dated 26‑8‑2003 passed by the High Court Division in Criminal Revision No. 657 of..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ...........Respondent Judgment June 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees………&..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....hellip;………………………(8) Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99. Lawyers Involved: Md. Ozair ......ossain, Advocate‑on‑Record-For Respondent No. 1. Not represented‑Respondent Nos. 2‑6. Civil Appeal No. 292 of 2003 (From the judgment and order dated 29th April 2002 passed by the High Court Division in Writ Petition No. 1931 of 2001).&nb..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....pondent No.2 by Rangubala by granting permanent lease reserving to herself annual rent of Tk. 1 and that Ayesha Khatun paid the rent to the lessor till the rent receiving interest was acquired by the Government. It was also the case of the pre-emptees that S.A. Khatian was not correctly prepared bec......Judgment and Order dated 30, 1997 passed by the High Court Division in Civil Order Nos. 3230, 3231, 3232, 3233 and 3234 of 1997) Judgment Md. Ruhul Amin J.- These appeals, by leave, are against the order dated June 30, 1997 of a Division Bench of the High Court Division passed in Civil Order Nos. ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....e Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. ...... an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure for restraining said defendants from production and marketing of said 'Polyron'. Upon the application the Court ordered to issue usual notice upon the defendants asking them to show cause within three days from d..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
...., PCCI and another 49 DLR (AD) 46; Saipam SPA vs Bangladesh Oil Gas and Mineral Corproation (Petro‑Bangla) 5 MLR (AD) 45; CPLA Nos. 73‑75 of 1982; 32 DLR 94; Engineer Mahmudul Islam and others vs Government of Bangladesh and others 55 DLR 171.
Lawyers Involved:
Amirul Is......edure, 1908 (V of 1908), Order XXXIX rules 1 & 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but no..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......personally and the petitioner had no way to know that a suit was filed against him. On 29th July, 2001 the respondent No.1 the Joint District Judge and Artha Rin Adalat No.1, Chittagong by Order No.5 ordered publication of notice to the petitioner in two newspapers as per section 5(Ka) of the Arth..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
.... Ed. ......Record‑For the Appellant. Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 67 of 1998. (From the judgment and order dated August 14, 1994 passed by the High Court Division in First Miscellaneous Appeal No. 476..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....d or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; M......, Senior Advocate, Rokanuddin Mahmud, Senior Advocate instructed by AKM Shahidul Huq, Advocate‑on‑Record‑For Respondent Nos. 2‑61. Civil Appeal No. 38 of 2002. (From the judgment and order dated 21st August 2000 passed by the Appellate Division in Civil Appeal No. 132 of 1998). ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......ip;…………Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the ..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......vocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 passed by the High Court Division in Civil Revision No. 4619 of 199..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......at Hossain, Advocate‑ For the Respondents. Trade Marks Appeal No.7 of 1997. Judgment MA Wahhab Miah J.- This appeal under section 76 of the Trade Marks Act, 1940 has arisen out of an order dated 6‑7‑1997 passed by the Registrar of Trade Marks, Dhaka removing the name of the appe..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....cality are enjoying the resources thereof, that plaintiffs have no cause of action for filing, the instant suit, that suit has been filed without impleading the people of the locality and the Government and, as such, the same is not maintainable. 4. The trial Court rejected the ......structed by Ahsanullah Patwary, Advocate‑on‑ Record‑For the Appellants. Not represented - The Respondents. Civil Appeal No. 7 of 1997. (From the judgment and order dated December 9, 1996 passed by the High Court Division in Civil Revision No. 3244 of 1995)...Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......appeals) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the High Court Division in First Miscellaneous A..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....cise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan Gopal Rungta reported in AIR 1952 SC 12. 5. The short facts leading to the said decision are that the Government of Orissa having, passed an order canceling the temporary permits and directed the respon......n a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final de..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......ted February 9, 2003 passed by the High Court Division in Civil Revision No. 934 of 2001) Judgment Md. Ruhul Amin, J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
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