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Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......-on-Record- Respondent No. 4 (In both the appeals) Ex-parte- Respondent Nos.1-3 and 5 (In both the appeals) Civil Appeal Nos. 93 and 94 of 2002 (From the judgment and order dated 11th December 2001 passed by the High Court Division in Matter Nos.78 and 86 of 2001). ...... Case is also Reported in: 61 DLR (AD) (2009) 82. ......y, in the Board of Directors of the Bank the appellant No.1, Abdul Muhit, appellant No. 2, Major (Rtd.) Ekhtiar Hossain, appellant no. 3, Dr. Ataur Rahman Talukder, appellant no.4,Nargis Mannan and one Abul Bashar Bhuiyan were nominated to represent the original directors (Annexure-C). Sinc..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......dvocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners Not represented- The Respondents Civil Review Petition No.6 of 2006. (From the judgment and order dated 26-04-2004 passed by this Division in Civil Appeal No.21 of 1999) Judgment ...... we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......t: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netroko..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ructed by Sufia Khatun, Advocate-on-Record— For Respondent Nos. 1-2. Not represented—Respondent Nos. 3-23. Civil Appeal No. 152 of 2002. (From the judgment and order dated 9th August, 2000 passed by the High Court Division in Civil Revision No. 3175 of 1993)....... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......t for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and without notice of the original contract…….(14) Cases R..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... Aftab Hossain, Advocate-on-Record—For the Respondent No. 7 Not represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal ...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......Abedin, Advocate-on-Record—For Respondent No. 1. Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1228 of 2005. (From the judgment and order dated 3-4-2005 passed by the High Court Division in Civil Revision No. 2898 of 1999). ....... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respond..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....t March 14, 2007. Result: The Appeal is allowed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(7) Once the property is acquired and gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and int......Record—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 322 of 2001. (From the judgment and order dated 7-9-1997 passed by the High Court Division in Writ Petition No. 939 of 1997) Judgmen......s allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......ainst the judgment and order dated 7-9-1997 passed by a Division Bench of the High Court Division in Writ Petition No. 939 of 1997 making the Rule absolute. 2. Short facts are that the writ petitioner filed the above mentioned writ petition for release of 6.42 acres of land from plot Nos. 178,20..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....tionary (4th Edition) Vol. 1, page-615. 41. Unlike other associations the Society cannot be dissolved except by law made for the purpose (Article 24). All rules made under Article 23(2) shall be published in the official Gazette and shall come into force on such publication. The President of th......For Respondent Nos. 1 and 2. Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. — For Respondent No. 3. Civil Appeal No. 76 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division in Writ Petition No. 439 of 1989). Judgme...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. ...... up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right t..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....g Officer did not accept the respondent's nomination paper, and consequently, the order of the Returning Officer declaring the appellant "elected uncontested" stood. This uncontested election was published in the Official Gazette but before he could enter upon his office, the respondent filed a ......Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Record— For Respondent No.1 Not represented—Respondent Nos. 2 & 3. Civil Appeal No. 82 of 1989. (From the judgment and order dated 6.8.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 196 o......88. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil, 40 DLR 512; N.P. Ponnu Swami Vs. Returning Officer, AIR 1952 S.C., 64; Mohinder Singh Vs. Chief Election Commissioner, AIR 1978 S.C. 851; Inderjit Barua Vs. Election Commission of India, 1984 SCR, 1911; A.K.M. Has..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ...... T.H. Khan, Senior Advocate (M.A. Wahhab Miah, Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record— For the Respondent. Civil Appeal No. 30 of 1989. (From the judgment and order dated 8.6.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revisi......sion is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......andi to oppose the application for granting probate but the Calcutta High Court reversed the District Judge's view and came to the conclusion that since he was an auction purchaser of the interest of one of the heirs of the testator he was entitled to oppose the application for grant of a testimenta..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......he Appellant B. Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record. — For the Respondent (State) Criminal Appeal No. 10 of 1988. (From the judgment and order dated 4.2.1988 passed by the High Court Division, Barisal Session, Barisal, in Criminal Appeal......d stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ht result in capital punishment. 8. Mr. Mainul Hosein has drawn our attention to the evidence of PW 19 who admitted in cross-examination that the statement was recorded in his presence by a Probationer Police Officer, whereas in his deposition he stated that he had recorded it. P W 2, one of the ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......dvocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 4(In Civil Appeal No 16 of 1987). Civil Appeal Nos. 15 and 16 of 1987. (From the judgment and order dated 25.6.1986 passed by the High Court Division, Dhaka in Writ Petition Nos. 238 and 239 of ......making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ers (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972) Section 2 Th..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) ......for. The leave petition is accordingly dismissed. Ed. ......Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mohammad Ali........................ Petitioner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Responden..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......t Nos.1-3 Jillul Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For Respondent Nos. 4-7 Added party) Civil Appeal No.188 of 2004. (From the judgment and order dated 28.05.2003 passed by the High Court Division in Civil Revision No. 5090 of 2002.) ...... applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......h was rejected on 03.09.2002. The decree holder thereupon prayed for amendment of the execution petition and also praying for deputing a Magistrate with police force along with an Advocate Commissioner to deliver possession. But the learned Joint District Judge by order dated 03.09.2002 allowed ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In 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: ......n for leave to appeal has been filed against the judgment dated June 16, 2004 of a Single Bench of the High Court Division in Civil Revision No. 1519 of 1992 discharging the Rule obtained against the order of May 27, 1992 (Order No. 5 dated 27.5.1992) in Title Appeal No. 150 of 1992 condoning the de......ove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......s wife, until August 1984. The High Court Division has rightly found that the plaintiff's annoy dispute the title of Sadananda Ghose and his heirs under section 116 of the Evidence Act and in order to claim title to themselves they must surrender the possession of the suit premises in ......ya Ratan Chowdhury............Appellant (In Civil Appeal No. 52 of 1995) Anil Kumar Dutta ………..Appellant (In Civil Appeal No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgme...... First Court of Subordinate Judge was registered as S.C.C. suit Nos. 13-17 of 1988. 2. Plaintiff-appellants in their suit alleged, inter alia, that the suit land originally belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Ku..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ...... Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order dated May 17,1994 passed by the High Court Division, Dhaka in Civil Revision No. 8035 of 1991...... A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. Hamida Khatoon and another ...................Respondent ......, and that the learned Subordinate Judge was not clear in her conception as to the said distinction. So saying the judgment and decree of the trial Court were set aside "being conceptually erroneous and wrong" and the appeal was allowed by judgment and decree dated 25.4.91. 5. T..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ...... date of his joining and asked him to pay back Tk.90,322.50/- said to have been overpaid to him during the period from 23rd February 1981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without ......ainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......f respondent No.1, Munawar Jute Mills Ltd. an enterprise of Bangladesh Jute Mills Corporation (BJMC) since 23.02.1981. By a letter dated 07.01.1998 respondent No.1 re-fixed the salary of the petitioner at a basic pay of Tk. 470/- With effect from the date of his joining and asked him to pay back..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......nal Appeal No. 473 of 2002) Judgement: Amirul Kabir Chowdhury J. - Convict Md. Wasim Mia seeks leave to appeal against the judgment and order dated 09.04.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No.......missions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......minal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Wasim Mia...................................Petitioner vs The State, represented by the Deputy Commissioner, Netrokona……&..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......; Amirul Kabir Chowdhury J:-Accused Petitioner Selim A. Khan seeks leave to appeal against the judgment and order dated 09.08.2003 passed by a Division Bench of the High Court Division in Criminal Miscellan......here is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......ate Division (Criminal) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......minal Appeal No. 1716 of 1994) Judgment Amirul Kabir Chowdhury J.- Convict petitioner Abdur Rouf Sarder seeks leave to appeal against the judgment and order dated 21.06.2005 passed by a Division Bench of the High Court Division in Criminal Appeal No....... The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......ellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment M..Category: Criminal Law | Date: | Hits: 52
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