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Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... 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. ...... 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 ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....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. ...... 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..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., 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. ...... 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. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....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. ......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…………...Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......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 ..Category: Property Law | Date: | Hits: 55
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....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. ...... 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 ..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... 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. ......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..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....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. ......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..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of 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. ......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 ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect 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. ......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..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....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: ......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..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... 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. ...... a Custom Inspector, also filed a complaint petition on 2-1-86 against the Captain and the crew members of MV Alba and others under section 25B of the Special Powers Act, 1974. The learned Special Judge, however, on hearing of the case by his judgment and order dated 22-5-88 acquitted the accus..Category: Business or Commercial Law | Date: | Hits: 96
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....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. ......roperty which is the subject-matter of the suit and as to possession of such properties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revisional application into a f..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....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. ......s fact of demand for dowry and torture of the victim for dowry would have found place in the Diary , Material Exhibit 1(c), maintained by the victim. 36. As it appears, the learned Sessions Judge on the finding that PWs 2, 3, 5, 6, 7, 12 and 14 corroborated PW 1 for proving the prosecutio..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... the High Court Division made out a third case of acquiring title by the plaintiff by adverse possession and made the Rules absolute and decreed both the suits. We do not understand how the learned Judge of the High Court Division could make out a third case though the plaintiff himself did not ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......s and successors namely, wife Hazera Khatun, daughter Baby Tabasun (minor) and son Md. Kalim (minor). A succession certificate was issued in Succession Certificate Case No. 620 of 1978 by Subordinate Judge, 3rd Court, Dhaka in support of aforesaid heirs and successors of deceased Abdul Hafiz. On 9-1..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......994 under section 302 and other sections of the Penal Code against the two accused petitioners and others. 3. The case was registered as Sessions Case No. 23 of 1995 and was tried by the Sessions Judge, Patuakhali. 4. The trial Court after trial convicted the two accused petitioners under se..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......p; Md. Fazlul Karim J.- The defendant-petitioner seeks leave to appeal against the judgment and order dated 22-5-2001 passed by a Single Judge of the High Court Division in Civil Revision No. 4924 of 1998 discharging the Rule and confir..Category: Property Law | Date: | Hits: 69
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