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

....before the High Court Division under Article 102(2) of the Constitution. 3.  In the writ petition amongst the reliefs the following reliefs were sought: "A. Issue a Rule Nisi upon the respondents to show cause as to why inclusion of the names of the petitioners i....... 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. ......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)

....nbsp;   Md. Ruhul Amin J.- The appeal is by the heirs of the pre-emptee against the judgment dated 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 D......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

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

....sp;    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 the Rule Nisi absolute and setting aside the judgment and order dated 1-5-1995 passed by the 1st Court ......ing in this respect by the High Court Division, it was not justified in making the rule absolute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain,..

Category: Property Law | Date: | Hits: 77

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

....the way writ-respondent No. 3 viewed the same as a ground for rejecting the writ-petitioner's application. 3. The writ-respondent No.2 Secretary, Ministry of Information Affairs contested the Rule denying the statements made in the writ petition and contending, inter alia, that the letter da......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)

....bsp;   Md. Fazlul Karim J.- This appeal by leave arose out of judgment and 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, Hobigon......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)

....nbsp;       Md. Fazlul Karim J.- The petitioner seeks leave to appeal against the judgment and order dated 25-7-2005 passed by the High Court Division discharging the Rule issued against declaring the petitioner a defaulter illegally cancelling his nomination paper ......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)

....dants-the Secretary. Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil 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 pass......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)

....ed to him and that the last intimation that was given to him is on 1-2-2002 and after that the petitioner was not informed anything as to the fate of his prayer. Then the High Court Division issued Rule calling upon the respondent Nos. 1-3 to show cause as to why they shall not be directed to act......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)

....us Case No.4692 of 1997. The Miscellaneous Case was registered upon an application filed under section 498 (wrongly written as 496) of the Code of Criminal Procedure. The High Court Division issued Rule to show cause as to why the respondent shall not be enlarged on bail and ad interim bail was ......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)

.... Judgment: Md. Fazlul Karim J.- The petitioner seeks leave to appeal against the impugned judgment and order dated 4-1-2005 passed in Criminal Miscellaneous Case No. 8505 of 2002 discharging the Rule under section 561A of the Code of Criminal Procedure for quashing the proceeding in Special Cas......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: ......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

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

....ent Corporation represented by its Chairman is seeking leave to appeal against the judgment and order dated 11 -2-2004 passed by the High Court Division in Writ Petition No. 5360 of 2003 making the Rule absolute. 2. The facts leading to this petition, are briefly stated, to the effect th......rogation of his interest, which is not permissible. Such finding of the High Court Division has been confirmed and the Appeal is dismissed…………..(8 & 10)  Lawyers Involved: MA Sobhan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Recor..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....serving as Thana Family Planning Officer at Bamna Upazilla under District of Barguna, a departmental proceeding was drawn up against him on 12-3-1988 under Government Servants Discipline and Appeal Rules, 1985 as to the allegations of corruption and misconduct during his tenure of service at Kal......….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal Hossain Ansari, 55 DLR (AD) 65. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record— For the Appellant. Md..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....bo and Maldives Ports. The local agent on receipt of information regarding sailing of the vessel applied to the Director General, Department of Shipping under Bangladesh Flag Vessels (Protection) Rules, 1982 for waiver certificate and the same was issued on 21-12-85, the local agent applied to ......ch, acquittal and conviction under one Act will not automatically operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate wi..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....t for leave to appeal are directed against the judgment and order dated 12-7-1998 passed in Writ Petition No. 428 of 1989 (heard along with other Writ Petitions) by the High Court Division making the Rules absolute. 2. The Rules in all the writ-petitions were issued calling upon the leave-petiti...... having given upon the writ petitioners before cancellation of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-o..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....etition for Leave to Appeal No. 831 of 1999 by which this Division upheld the judgment and order dated 27-2-2000 passed by the High Court Division in Writ Petition No. 1138 of 1995 discharging the Rule. 2. The petitioner filed the above writ petition challenging the orders dated 11-1-95 ......on merit. This is not permissible under article 105 of the Constitution. The Appellate Division cannot re-hear the matter on merit already disposed of. The review petitions are dismissed. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Petitioner (In all th..

Category: Business or Commercial Law | Date: | Hits: 88

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....gment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated November 5, 2003 of the High Court Division in Civil Revision No. 1226 of 2003 discharging the Rule with a direction to the trial Court to dispose of the petition filed under Order XXXIX, rules 1......s quite correct in holding that the revisional application was not maintainable as because the order impugned in the revisional application was appealable. ……………………….(7 & 8) Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by ASN Khalequzzaman, Advocate-on-..

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. ......eferred To: Moyezuddin and another vs State 31 DLR (AD) 37; Nazir Hussain vs Muhammad Shafi and others PLD 1965 SC 188 = 17 DLR (SC) 40; Md Ramjan vs Nasir Hossain 21 DLR (SC) 104. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rah..

Category: Criminal Law | Date: | Hits: 59

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....appeals were also dismissed and then the plaintiff filed the above two civil revisions and the learned single judge by the impugned judgment and order decided both the civil revisions and made the Rules absolute. The High Court Division decreed the suits. 3. Mr. Md. Fazlul Karim, the lea...... Abdul Kader and others vs AK Noor Mohammad 36 DLR (AD) 261; Mahaprabhu Ram vs Gopal Ram and others 42 DLR (AD) 158; Lal Meah and others vs Haji Md Ibrahim Meah and others, 28 DLR (AD) 61. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-..

Category: Property Law | Date: | Hits: 51