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Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

..... 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.   ....... 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.   ......urchase. 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. Zahangir, Advocate-on-Record—For the Appellants. ..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....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. ......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. ...... to appeal before the Appellate Division is an unnecessary exercise which 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&mda..

Category: Property Law | Date: | Hits: 51

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ...... without complying with the provisions of law. The case is set back for trial rightly in accordance with law……………………(10, 11 & 12) Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by ASM Khalequzzaman, Advo..

Category: Civil Law | Date: | Hits: 95

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissed……..(9 & 10) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record for the petitioners (In both t..

Category: Tenancy Law | Date: | Hits: 67

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

.... held as under: "In the case of pre-emption because of the special provision of the Act rights of the parties cannot be determined without considering the rights of others. The principles of Order I, rule 9 of the Code cannot be made applicable, in the circumstances. It cann......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ...... = 35 DLR 79; Akhtarun Nessa and another vs. Habibullah and others 31 DLR (AD) 88; Abdus Samad vs. Md Sohrab All 33 DLR (AD) 113; Motilal Sikder vs. Benodini Dasi 28 DLR (AD) 5; 14 DLR 847. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R..

Category: Property Law | Date: | Hits: 64

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....e Asharam M Jain vs. AT Gupta, AIR 1983 (SC) 1151 the Indian Supreme Court has, while, considering whether unqualified apology tendered by the contemner should be accepted or not, referred to a few principles for guidance of the Court. While it is necessary to remember that in dealing with a con......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. ......LR (AD) 15; Aziza Khatun vs. State 19 DLR 354; LD Jaikwal vs. State of UP AIR 1984 (SC) 1374; Abdul Karim Sarker vs. State, 38 DLR (AD) 188; Asharam M Jain vs. AT Gupta, AIR 1983(SC) 1151. Lawyers involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mainul Hosein, Senior Advo..

Category: Criminal Law | Date: | Hits: 64

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. ......sp;              Bill of Exchange For Taka 16,48,758 At sight of this bill of exchange pay 16,48,758 by transfer to International Finance investment and Commerce Bank Ltd Motijheel Branch, A/C No.013406634, on acco......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 cannot be sustained…..(8) Lawyers Involved: MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul..

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. ......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. ......ore circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to him for the future………..(28) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabi..

Category: Election Law | Date: | Hits: 108

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

....try the present suit inasmuch as the civil Court is authorised to examine whether the statutory tribunal, i.e. in the present case, the acquiring authority, acted in conformity with the fundamental principles of judicial procedure. 17.  Expanding further his argument, Mr. Kari......, 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. ......lvi Mainuddin 39 DLR (AD) 1; Mian Muhammad Latif vs. Province of West Pakistan, PLD 1970 SC 180; Al-Haj Abul Basher being dead his heirs Hosne Ara Begum vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by AKM Shahidul Huq..

Category: Property Law | Date: | Hits: 51

Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)

.... Ltd and another reported in AIR 1995 (SC) 1368 it has been observed- "Time and again this Court has deprecated the practice of granting interim orders which practically give the principle relief sought in the petition for no better reason than that a prima facie case has been......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. ....... Race Shipping and Transport Co Pvt. Ltd and another, AIR 1995 SC 1368; Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and others, AIR 1985 SC 330. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain. Advoc..

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. ......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. ......s on record and not based on proper evidence, the High Court Division was in error in setting aside the judgment of the Lower Appellate Court decreeing the suit……….(14) Lawyers Involved: Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 66

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

....a right curtailing owner's right to deal with his property must be construed very strictly. The right is allowed to a claimant in consideration of his necessity and not as a matter of luxury. This principle should always be kept in view while determining the claim of pre-emption". It may be...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ......ers 32 DLR (AD) 54; Dukhiram Mondal vs. Aminuddin Molla and others 14 DLR 168; Abdul Baten vs. Abdul Latif Sheikh and others 45 DLR (AD) 26; Noab Mian Bhuiyan vs. Golam Hossain 13 DLR 889. Lawyers Involved: AH Amin, Advocate-on-Record—For the Appellants. Nazibar ..

Category: Property Law | Date: | Hits: 55

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....cation apparatus for the purpose of broadcasting. The appellant relies on the first part of sub-section (2) but advisedly ignores the subsequent part of the said sub-section and, according to settled principles of interpretation the last part and a proviso should prevail over the first part. Apart f......BTRC for allocation of frequency and other ancillary matters detailed above. The above position has further been apparent from the letter dated 19-2-2003 issued by the Commission giving permission to International Television (Private) Limited for using the frequency temporarily and also to import ma......dhury J Bangladesh Telecommunica­tion Regulatory Commission........................Appellant vs Ekushey Television Ltd..........................Respondent Judgment July 19th, 2005 Lawyers Involved: Fida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed ..

Category: Information Technology Law | Date: | Hits: 266

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....ited decisions applicable in the facts of the present case reported in 35 DLR (AD) 225. 1994 BLD (AD) 219. 11. In the case of Shafi Khan vs Mannujan Hossain reported in 35 DLR (AD) 225 the principles laid down therein is that whether the right of pre­-emption is available when the la......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. ......WN 253; Biswaswar Roy vs Joytennessa and 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. ..

Category: Property Law | Date: | Hits: 71

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. ......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. ......Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam vs. Mujibul Huq 41 DLR (AD) 68; Mostafa Hossain vs. SM Faruque 40 DLR (AD) 10; Sheikh Abdus Sabur vs. Returning Officer 41 DLR (AD) 30. Lawyers Involved: Anisul Huq, Advocate, instructed by Sufia Khatun, Advocate-on-Record&md..

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. ......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. ......rest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..……(13 & 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shah..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....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. ......y of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, ..

Category: Property Law | Date: | Hits: 72

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. ......rt Division issued Rule to show cause as to why the respondent shall not be enlarged on bail and ad interim bail was also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of gold seized from the respondent......ized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidul..

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. ......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. ......formation Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For..

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: ......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: ......lso manifestly perverse. Unless such a finding can be made on the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21)  Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Depu..

Category: Criminal Law | Date: | Hits: 67