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Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ...... Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Division Bench of the High Court Division in Writ Petition No. 31......uted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......;). In terms of clause 6(1) of the scheme the business, properties, cash and liabilities in Bangladesh of Bank of Credit and Commerce Industries hereinafter be called BCCI were vested in the petitioner after reduction and adjustment, and subject to the terms and conditions of the Scheme or the G..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......996) Judgment Md. Tafazzul Islam J.- This Civil appeal by way of leave, is against the judgment and order dated 13.2.2000 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 317 of 19......issed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......is nothing on record to show that the respondent had a persistent reputation of being corrupt and in the charge framed against the respondent previous instances of such corruption were are not mentioned and further no statement of allegations to substantiate the charge of persistence reputa..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ....... 15 of 1993). Judgment Md. Tafazzul Islam J.- This appeal by way of leave arises out of the judgment and order dated 26.9.1994 passed by Administrative Appellate Tribunal, Dhaka in Appeal No. 15 of 1993 a......lowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......pondent No.1 was a freedom fighter. 5. Leave was granted in the following terms:- "Mr. Shamsul Alam, the learned Deputy Attorney General appearing for the petitioner submits that the Administrative Appellate Tribunal acted illegally and wrongly in setting a..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....l Tribunal Case No.17 of 1974 as being without any lawful authority. 15. The High Court Division found that clause (a) of the Notification No. 234 MFCS(XIV)Salt-4(74) dated 26th August, 1974 published in the Gazette on 5th September, 1974 in exercise of the powers conferred by clause ......ellant. Abdur Razzak Khan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 29 of 2002. (From the judgment and order dated 1st March, 2001 passed by the High Court Division in Miscellaneous Case No. 1627 of 200......in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......ous imprisonment for a term of 7 years and to pay a fine of Tk. 3,000/- in default to suffer rigorous imprisonment for 3 (three) months more. 2. The prosecution case, in short, is that one M.A. Khaleque, Sub-Inspector of Police, Joydebpur Police Station ledged an FIR on 2.3. 1998 sta..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......l Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Review Petition No. 18 of 2002. (From the Judgment and order dated 27.04.2002 passed this Court in Criminal Petition for leave to Appeal No. 107 of 2001). ......rd and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......e Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Hazari..............................Petitioner Vs. The State...............................Respondent Judgment June 26, 2004. ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......ocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Review Petition No. 10 of 2003. (From the Judgment and order dated 19.07.2003 passed by the Appellate Division of the Supreme Court in Criminal Petition N...... In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......sion (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Md. Joynal Abedin and others.................................Petitioners Vs. The State and another.....................................Respondents..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ...... 1996). Judgment M.M. Ruhul Amin J.-This appeal by leave is directed against the judgment and order dated 09.01.1997passed by a Division Bench of the High Court Division in Civil Miscellaneous ......owed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......76 of the Cr. PC. is unnecessary. 3. The High Court Division having come to this conclusion however held that the allegation is most serious in nature and the Court must see that justice is done. The Division Bench, therefore, held that the respondents may lodge an F.I.R with Ramna P..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ...... Abdur Razaque Khan, Additional Attorney General, instructed by Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Appeal No. 222 of 2000. (From the Judgment and order dated 18 February 1999 passed by the High Court Division, Dhaka in First Appeal No.19 of 1998......al is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......istrict Delegate in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under Section 372 of the Succession Act. 2. The case of the appellant in short is that one Haladhar Chandra Dey, the proprietor of M/S. H. Dey Jewellers, a Jewellery shop situated i..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......volved: Sufia Khatun, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Civil Appeal No.181 of 2000. (From the judgment and order dated 20th July, 1999 passed by the High Court Division in Civil Revision No. 767 of 1997). ......llowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......appellate court the plaintiff-respondents preferred Civil Revision No.767 of 1997 before the High Court Division of the Supreme Court of Bangladesh, which was contested by the defendant-petitioners by filing counter affidavit. Hon'ble Single Bench of the High Court Division by judgment and ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......1 has lost its Validity and as such there is no breach of contract on the part of the defendant No.1, that the contract between the plaintiffs and the defendant No.1 has been frustrated in view of an order of injunction in Title Suit No.360 of 1979 restraining the defendant No.1 from dealing with pr......he review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......e Civil Appeal here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004...Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......te instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1 & 2. Not represented-Respondent Nos. 3-6. Civil Appeal No.13 of 1998. (From the judgment and order dated 13.08.1997 passed by the High Court Division in Civil Revision No.1490 of 1992.) ......allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......e Court of District Judge being Title Appeal No. 164 of 1989 and the Court of Appeal dismissed the appeal and affirmed the judgment of the trial Court. The defendants then preferred the above mentioned Civil Revision and the learned Single Judge of the High Court Division made the Rule absolute ..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......mder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-4 Civil Appeal No. 151 of 2000 (From Judgment and order dated o4. 11. 1999 passed by the Court Division in Appeal from Original Decree (F.A.) probate......dence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ...... compromise. It s noticed that the appellant herein contested in the probate case in the original Court contending inter alia that the will itself was not genuine and it was a forged and fabricated one created by the respondent No.1. Swarashati Roy, respondent No.1 and her son Bolai Roy, the res..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ...... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) ......l, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......ion No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ...... Md. Ruhul Amin J. - This petition by the writ respondent No.4-Petitioner is for review of the judgment and order dated February 6, 2001 dismissing the Civil Petition for leave to Appeal No. 32 of 2001 of th......ove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgm..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ...... Dr. Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) J......68 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......of Additional Assistant Judge, Dhaka and the Proceeding of the said suit having been stayed by the respondent No.1 on the ground of tendency of writ petition No. 3968 of 1988, the present petitioner is going to be highly prejudiced for not being in a position to place his case in either of t..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....chedule which is out side the land acquired in L.A. Case No. 13 of 1956-60. The plaintiff also made further prayer for declaration that "Ga' schedule land is not the part of acquired land published in the Gazette Notification dated 18-12-1980. The case of the plaintiff respondent is th...... Khan, Senior Advocate, with Shafique Ahmed, senior Advocate, instructed by Md. Nowab Ali, Advocate- on-Record-For the Respondent. Civil Appeal No. 237 of 2001 (From the judgment and order dated 11-06-2000 passed by the High Court Division in Civil Revision No. 1365 of 1997) ...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......te, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Appeal No. 112 of 2002. (From the judgment and order dated 20th and 21st April, 2002 passed by the High Court Division in Election Petition No. 3 ......nnouncement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Referred To- Kamaraja Nadar, Appellant Vs. Kunju Thevar and others, Respondents, AIR 1958 (S.C.) 687; M. Karunanidhi, Appellant Vs. H. V. Handa and others, Respondents; R. Rangasami, Petitioner Vs. V.C.R. Rajappa and another, Respondents; A. Chinnadurai, Petitioner V. Perumal Nainar and ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......Record-For the Appellants. Nikilesh Dutta, Advocate, instructed by AKM Shahidul Huq Advocate-on-Record-For the respondents. Civil Appeal No. 41 of 1997. (From the judgment and order dated 4th May, 1995 passed by a Single Bench of the High Court Division in Civil Revision No....... it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......n owning and possessing the land described in 1(ka) and 1(kha) of the plaint he exchanged schedule 1(kha) property on 19.10.82 by registered kabala with that of the defendant No. 1's property mentioned in schedule 3 (ka) of the plaint and got possession in their respective exchanged propert..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......-For the Appellants. Md. Sajjadul Huq, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Criminal Appeal No.15 of 1997. (From the judgment and order dated 26.02.1997 passed by the High Court division in Criminal Appeal No. 706 of 1996) ......he appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......inst the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an application before the Deputy ..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......gment Syed JR Mudassir Husain J. - This review petitioner has arisen out of judgment and order dated 04-02-2001 passed by this division in Criminal Petition for Leave to Appeal No. 101......o consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Commissioner, Barisal....Respondents ..Category: Criminal Law | Date: | Hits: 44
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