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Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....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. ......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. ......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. ......s. Mt Chembeli and others, AIR 1951 Cal 262, Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advoca..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....r. Ed. ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... 725; AIR 1935 (Lahore) 914; AIR 1916 (Cal) 570; EM Visvandhan Chetty and two others vs. Arunachelam Chetti, ILR 44 Mad. 100; Khazan Chand vs. Moti Singh and another, AIR 1935 (Lahore) 914. Lawyers Involved: Shamim Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Rec..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......to- Biswaswar Roy vs. Joytennessa and others,13 DLR 287; Shafi Khan vs. Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nath Nandi, Advocate instructed by Md. Aftab Hossain, Advocate-o..

Category: Property Law | Date: | Hits: 67

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.   ....... 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. ......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)

.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Mono......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)

....fazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), ......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 Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)

....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......d occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate..

Category: Tenancy Law | Date: | Hits: 72

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

....im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......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)

....ag of the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humiliate the authority, dignity and prestige of the Supreme Court of Bangladesh and made themselves guilty of gross contempt of Court…………..(......nt case same though not national flag but the flag of the Supreme Court of Bangladesh carrying its insignia of the office of the Judges of the Supreme Court and is included in the definition of the National flag as in PRB No. 728 being an uncased colour. Thus uncased colours included the flag of......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)

....bsp;                Payment Order Ansarul Huque Bengal Techno Consult Ltd. 14/1, Abhoy Das Lane, Bangladesh.   Agrani Bank. Hatkhola Branch.   &n...... 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. ...... 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. ......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)

.... (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Elect......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)

.... to- Nur Muhammad vs. Moulvi 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......, 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. ......, 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)

....k and other........................Appellants Vs. Essential Garments Ltd. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction......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. ......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. ......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)

.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... 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

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

.... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and othe......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......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)

.... set aside. Ed. ......it petitioner's application is unwarranted and should be declared to have been made without lawful authority, inasmuch as it is against the promise made and undertaking given by the Government in its National Telecommunication Policy 1998, which was formulated with the view to satisfy the growing de......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......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)

....ession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain 35 DLR (AD) 225......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. ......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

Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......ce. Similarly failure of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Recordâ€..

Category: Criminal Law | Date: | Hits: 47