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Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... Civil Petition for Leave to Appeal No. 1405 of 2002. Judgment Abu Sayeed Ahammed J.- Petitioners seek leave to appeal against the judgment and order dated 12-5-2002 of a Company Judge of the High Court Division passed in Company Matter No. 5 of 19......unsel for the respondents-writ petitioners, submits that the impugned judgment and order is in accordance with law and that the High Court Division has not committed any error in law. He cites the decision in the case of Syed Al Nesar Ahmed MD, United Food Complex Ltd vs. Nafisa Choudhury and ot..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....ondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed by the High Court Division in Writ Petition No. 3773 of 1996, 2746 of 1997 a......siness of the Company including the management and the publication of the daily Ittefaq so that the Company can function smoothly without referring almost every matter to the Board of Directors for decision. 6. From the inception of the publication of the said daily, writ-petitioner Mr. ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....-on-Record — For Respondent No. 1. Not represented — Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 1190 of 2004. (From the judgment and order dated 7th August 2004 passed by the High Court Division in Civil Order No. 291 of 2004). Ju......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. ..Category: Civil Law | Date: | Hits: 91
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—Respondents. Civil Appeal No. 267 of 2002. (From the Judgment and Order dated July 23, 2001 passed by the High Court Division in Civil Revision No. 4097of1996) Jud......onveyance the land sought to be preempted is possessed by the vendor. The High Court Division noticed that the appellate Court without considering the evidence on record only upon referring to the decision in certain reported cases set aside the judgment and order of the trial Court on the findi..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....cate-on-Record—For the Appellants. Md Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No. 587 of 2001. (From the Judgment and Order dated May 26, 1997 passed by the High Court Division in Civil Revision No. 343 of 1995). Ju...... the seller opposite party Nos. 3-10 "the cause of action for preemption has been extinguished". It appears the High Court Division has made the aforesaid observation in the light of the decision in the case of Md Abbas Ali vs. Md. Osman Ali (minor) and others reported in 37 DLR 324. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ts. NI Bhuiyan, Advocate-on-Record—For Respondent Nos. 14. Not represented—Respondent No. 5. Civil Appeal No. 301 of 2002. (From the Judgment and Order dated July 31, 2000 passed by the High Court Division in Civil Revision No. 356 of 1990). J......er alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....lah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 564 of 2003. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000). Judg......e the claim by the learned District Judge against the respondents is absolutely illegal. 9. He thereafter, submits that the High Court Division considering the facts and law took a correct decision in setting aside the order dated 26-6-2000 passed by the learned District Judge and direct..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....1999). Not represented- Respondent No. 1 (In Civil Petition No. 1674 of 2004). Civil Petition for Leave to Appeal Nos. 1674-75 of 2004. (From the judgment and order dated 17-8-2004 passed by the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001). ......nstruction of apartments to accommodate the participants during NAM Summit. The respondent No. 6 auction purchaser has also filed affidavit-in-opposition stating, inter alia, that the Government took decision to sell the premises and authorized RAJUK for the purpose. The RAJUK invited tenders throug..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ructed by Sufia Khatun, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-22. Civil Appeal No. 244 of 2001. (From the judgment and order dated 19-11-1999 passed by the High Court Division in Civil Revision No. 559 of 1997). Jud......ellaneous case. 6. Being aggrieved by the aforesaid judgment and order, the pre-emptor moved the High Court Division and obtained the Rule. 7. The High Court Division relying upon a decision reported in 31 DLR (AD) 88 held that the pre-emptees did not disclose the names of those ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....Criminal Appeal No. 16 of 2004). Sajjadid Hoq, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 12 and 16 of 2004. (From the judgment dated 28th January 2004 passed by the High Court Division in Criminal Miscellaneous suo moto Rule N......t submits that in the facts and circumstances of the case ends of justice would best be served if the contemner is censured instead of maintaining the conviction against him, and has relied upon a decision in the case of Abdul Huq DC vs. District Judgeship reported in 51 DLR (AD) 15 and submitte..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul Hague (in person)—For the Respondents. Civil Appeal No. 323 of 2002. (From the judgment and order dated 9th January 2001 passed by the High Court Division in Writ Petition No. 5543 of 2000). ......tion on the same subject-matter suppressing the pendency of the former suit. Such suppression disentitles respondent no. 1 to claim any relief in the Writ Jurisdiction as there could be conflicting decisions. Moreover the order passed by the High Court Division being not a speaking order, it cann..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
.... therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with similar prayers. Both the petitions being heard by the High Court Division have been disposed of by the judgment and order dated 4-1 -2006 giving some findings and observations. 5. Being aggrieved the Election Comm......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 the writ respondents to prepare a fresh electoral roll taken by the Chief Electio..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Req......h Court Division, in their turn, rightly decided the case affirming the judgment and decree passed by the trial Court. Elaborating the argument the learned Counsel for the respondent relied on the decision in the case of Nur Muhammad vs. Moulvi Mainuddin Ahmed in 39 DLR (AD) 1 which has also bee..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....r Respondent No. 1 (b). Ahsanullah Patwary, Advocate-on-Record—For Respondent Nos. 1(a) & 1(c), 1(g). Civil Appeal No. 577 of 2001. (From the Judgment and Order dated April 6, 1997 passed by the High Court Division in Second Appeal No.713of 1970). Judg......as granted to consider the contention that the High Court Division did not decide the case within the scope of the grounds taken or mooted in the memorandum of appeal and that the decision of the High Court Division being virtually on one ground only not taken in the memorandum ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... Act, 1908……….(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entit......tion 54 of the Transfer of Property Act.....that a dowerdebt is a debt like every other debt, and therefore, a transfer in lieu of it must be a sale as defined in that section". The aforesaid decision was made in a case wherein pre-emption was sought but opposed contending that the prayer f..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... Civil Appeal 129 of 1998. Judgment: MM Ruhul Amin J.- This appeal by leave is from the judgment and order dated 1st September, 1996 passed by the High Court Division in Writ Petition No. 43 of 1996, making...... and order of the Court of Settlement acting as if it was a Court of appeal which it was not and that the High Court Division failed to keep in view the elementary principles of certiorari and the decision of this Division in such matters was under consideration and thus allowed itself to be tot..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....dent No. 2 (Civil Appeal Nos. 387 of 2003). Not represented—Respondent Nos. 1-9 (Civil Appeal No. 384 of 2003). Civil Appeal Nos. 383-384 with 385-387 of 2003. (From the judgment and order dated 28th August 2003 passed by the High Court Division in Writ Petition Nos. 4196 of 2003). Jud......equirement of a new legislation in the nature of Bangladesh Telecommunication Act, 2001 in spite of provision of section 4 of Telegraph Act and section 5 of Wireless Telegraphy Act has been felt in a decision in the case reported in AIR 1995 SC1236 (Supra) wherein it has been stated that the democra..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....; For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. Civil Appeal No. 15 of 1998. (From the judgment and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). J......late Court which is not a proper judgment of reversal in accordance with law. The learned Advocate further submits that the learned Judge of the High Court Division did not also consider the cited decision reported in 35 DLR (AD) 225 and 1994 BLD (AD) 219. 5. Chowdhury Md. Jahangir, the..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....-Record—For Respondent No. 4. Not represented—For Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 1099 of 2005. (From the judgment and order dated 25th July 2005 passed by the High Court Division in Writ Petition No. 480 of 2003). J......ure wanted to eliminate such person from holding a public office because such person, who was a defaulter would not be considered suitable for performing the public duty. This was considered in two decisions of this Court in 41 DLR (AD) 68 and 40 DLR (AD) 10. It was further elaborated in Sheikh ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....ted by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Dispensed with—Respondent Nos. 2 & 3. Civil Appeal No. 70 of 2003. (From the judgment and order dated 7-12-1998 passed by the High Court Division in Civil Revision No. 2170 of 1998). Judg......the plaint the very auction sale was void but the learned Judge of the High Court Division without considering the said aspect of the case committed error of law in affirming the findings and decisions as arrived at by the Courts below and that the High Court Division did not take into con..Category: Property Law | Date: | Hits: 66
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