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Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents Judgment February......shareholders of the petitioner No.1 Company, hereinafter shortly called the company. The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the Company. Respondent No. 2 Md. Abed Ali purchased 1,875 shares and Abdul Kader, respondent No.3 held 375 shares and Md. Chand Mia, res......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. ......eme Court Appellate Division (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others..........Category: Business or Commercial Law | Date: | Hits: 86
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
..... The petition is dismissed. Ed. ...... 262, Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advocate-on-Record— For the Petitioners......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. ......azlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment February 5, 2005. The Speci..Category: Civil Law | Date: | Hits: 91
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....o merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......;………….(16) Cases Referred to- Biswaswar Roy vs. Joytennessa and others,13 DLR 287; Shafi Khan vs. Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nat...... 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. ......hul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....gly, the appeal is dismissed. There is no order as to costs. Ed. ......le. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for pre-emption is not maintainable……………(13) Case Referred to- Md Abbas Ali vs Md Osman Ali (Minor) and others 37 DLR 324. Lawyers Involved: Chowdhury Md. ....... 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. ...... Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....n the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......h has caused the petitioner long three years. This is highly deprecated. …………….(12) Lawyers Involved: Abdul Malek, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. NI Bhuiyan, Advocate-on-Record—For......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. ......st of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
.... of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed....... He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record—For the Petitioner (......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....... 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 obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction o..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....sp; Ed. ...... form raising the question of defect of parties at the stage of cross examination of the witness ………..(21) Cases Referred to- Abdus Samad and others vs. Md Shorab Ali and others 1981 BLD (AD) 77 = 33 DLR (AD) 113; Jalaluddin Fakir vs. Shajahan All Molla and oth......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ssed without any order as to costs. Ed. ......ocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Appellant (In Criminal Appeal No. 12 of 2004). Ozair Farooq, Senior Advocate, instructed by Mr. Md. Nawab Ali, Advocate-on-Record—For the Appellants (In Criminal Appeal No. 16 of 2004). Sajja......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. ...... Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Responde..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... the judgment and order passed by the High Court Division is set aside. Ed. ...... 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. ...... 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. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank........................Appellant Vs. Ansarul Hoque and ors................Respondents Judgment April 17, 2004. ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....servations, the Rule is disposed of. Ed. ......how cause as to why they shall not be proceeded with for committing contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and another filed Writ Petition No. 9157 of 2005 calling in question the decision of t......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. ...... Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chairman (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Cont..Category: Election Law | Date: | Hits: 108
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. Th......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. ......esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....33 Indian Cases, 901; AIR 1932 Allahabad, 596; 13 CWN, 160; Md Zaki Khan and others vs. Munnu Sahu and another AIR 1925 Oudh 407; Ghulam Abbas vs .Razia Begum and others AIR 1951 Allahabad 86 (FB); Md. Meher Ali Mondal vs. Md Karam Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 ......Cases, 901; AIR 1932 Allahabad, 596; 13 CWN, 160; Md Zaki Khan and others vs. Munnu Sahu and another AIR 1925 Oudh 407; Ghulam Abbas vs .Razia Begum and others AIR 1951 Allahabad 86 (FB); Md. Meher Ali Mondal vs. Md Karam Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 DLR 599; A...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......7) 721. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... 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 others.......................Respondents Judgement October 21, 2......t: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement October 21, 2003. ......ition No. 43 of 1996 making 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. ...... 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 others...........Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....im), instructed by Sufia Khatun, Advocate-on-Record—For the Appellant (Civil Appeal Nos. 386-87 of 2003). Rafique-ul-Huq, Senior Advocate, (A Hasib, Senior Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (Civil Appeal No. 383-84 of 2003). Dr Kama......nvolved: Fida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed by Ahsanullah Patwary, Advocate-on-Record—For the Appellant (Civil Appeal No. 385 0f 2003). AJ Mohammad Ali, Attorney-General (Adilur Rahman, Deputy Attorney-General with him), instructed by Sufia Khatun,......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. ...... Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent No. 1 (Civil Appeal Nos. 383, 385-387 of 2003) and Respondent No. 10. (Civil Appeal Nos. 384 of 2003). Not represented—Respondent Nos. 2-5 (Ci..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....nd others 13 DLR 287; Sital Chandra Kole and others vs Mohilal Kole and others 58 CWN 1000; Mozaffar Ahmed Bepari vs Duar Ali and others 1 BLC (AD) 25. Lawyers Involved: Chowdhury Md. Jahangir, Advocate-on-Record— For the Appellants. Ex parte— The Respondent N......nt: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment October 18, 2005. The......which were not alive when 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. ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others...Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....ioner. The petition is dismissed Ed. ....... Lawyers Involved: Anisul Huq, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Abdul Quayum, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 4. Not represented—For Respondent ......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. ...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local G..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
.... Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2......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. ......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. ......on (Civil) Present : Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ....Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....requires interference. Accordingly, the appeal is allowed. Ed. ......……(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. ......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. ......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....ismissed without any order as to cost. Ed. This Case is also Reported in: ......ary, Ministry of Defence and others vs. Md. Afzal Hossain Ansari, 55 DLR (AD) 65. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (Fr......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.........Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....owed without any order as to costs. Ed. ...... which was heard by respondent Nos. 1-3 of the writ petition and by an order dated 16-6-88 they set aside the order of appellate authority and restored the order of the Collector of Customs. Abdul Alim Mallick, a Custom Inspector, also filed a complaint petition on 2-1-86 against the Captain an...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... (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 Finance, Internal Resources Division and anr..........................Category: Business or Commercial Law | Date: | Hits: 96
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