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Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)

....he judgment and order dated December 12, 1994 passed by a single Bench of the High Court Division in Civil revision No. 2170 of 1990. Under section 25 of the Small Causes Courts Act, 1887, making the Rule absolute and reversing the judgment and decree dated September 1, 1990 passed by the learned Su...... Abdus Satter vs. Suresh Das 32 DLR (AD) 170. Haque Brothers Ltd vs. Gulfam Begum in CP No. 314 of 1993(Unreported) , Haque Brother Ltd. vs. Mrs Gulfam Begum CP No. 314 of 1993 (Unreported). Lawyers Involved: Ajmalul Hossain, Advocate instructed Wahidullah, Advocate-on-Record — For ..

Category: Tenancy Law | Date: | Hits: 93

Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....e petitions for leave to appeal are directed against the judgment and order dated 24 February 1996 passed by a Division Bench of the High Court Division in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexu......s Acqua Foods Limited and others……………………………Respondents  Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Rec..

Category: Business or Commercial Law | Date: | Hits: 117

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......e respondents to whom he paid rents upto December, 1990, he is debarred from setting up a claim of title in himself to resist the decree for eviction…………(5)  Lawyers Involved: SR Pal, Senior Advocate, AFM Mesbahuddin Advocate, with him, instructed ..

Category: Property Law | Date: | Hits: 69

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ......to be reduced to rigorous imprisonment for 7 years and the sentence of fine imposed on him should also be remitted……………………….(16) Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoca..

Category: Criminal Law | Date: | Hits: 130

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ion before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR Pal, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record—For the..

Category: Property Law | Date: | Hits: 89

Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....in refusing to set aside the ex-parte decree.  The petition is dismissed.  Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......he ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record —For the Petitioner.  ..

Category: Property Law | Date: | Hits: 74

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....tion, the learned Judges of the High Court Division wrongly held that the underground cable in the premises was part of the power system of PDB upon an erroneous reference to and interpretation of Rules 38 and 39 of the Electricity Rules. He next submits that again having regard to the general e......ivision not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ……………………..(17 & 18) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Business or Commercial Law | Date: | Hits: 147

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......s and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …………(7) Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Shamsul Hoque Siddique, Adv..

Category: Property Law | Date: | Hits: 52

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....71 of the Penal Code and accordingly sentenced him as noted earlier which was affirmed by the lower appellate Court. Thereafter the appellant took a revision in the High Court Division and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to cons......ears of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(5) Lawyers Involved: Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..

Category: Anti-Corruption Laws | Date: | Hits: 71

Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)

....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ...... take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfere in the matter………………(9)  Lawyers Involved: Md. Abdur Rahim, Advocate-on-Record—For the Petitioner. Not..

Category: Property Law | Date: | Hits: 49

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......ned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. …………………(9) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, ..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....p;………..Respondent Judgment June 3, 1997.   The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced bef...... merit after taking evidence and without taking into consideration any prima facie finding or observation made in the interlocutory orders……………….(7) Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advoc..

Category: Intellectual Property Law | Date: | Hits: 242

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.   The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ction 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyers Involved: SR Pal, Senior Advocate, (B Hossain, Advocate with him), instructed by Sharif..

Category: Tenancy Law | Date: | Hits: 78

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

.... May 5, 1994. Result: The petition is dismissed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath of Office (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred o...... fixes a date of taking oath within 30 days of Gazette Notification of the result and the Chairman or Members, without good cause shown, fail to take oath on that date……………………(4) Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..

Category: Election Law | Date: | Hits: 110

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......ision will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record â..

Category: Criminal Law | Date: | Hits: 95

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

.... Vs. Majibur Rahman and others………………….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his p......ry of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque S..

Category: Property Law | Date: | Hits: 83

Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)

....land and that the alleged deed of gift of Haji Abdullah is a genuine document. Aggrieved plaintiff No. 1 alone then moved the High Court Division in revision against the appellate decree and obtained Rule in Civil Revision No. 143 of 1994. A learned Single Judge of the High Court Division by his jud......licated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fazlul Karim, Senior Advocate by Md. Nawab Ali, Advocate-on-Record —For t..

Category: Property Law | Date: | Hits: 93

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

.... November 20, 1997. Result: The petition is dismissed. The Muslim Marriage and Divorces (Registration) Act, 1974 (LII of 1974), Section 4 The Muslim Marriage and Divorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from th...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment..

Category: Employment/Service Law | Date: | Hits: 137

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......urning Officer in the election petition, though not contemplated under article 50, shall not render the election petition to be dismissed on ground of misjoinder…………………………(11) Lawyers Involved: Fazlur Rahman Khan, Advocate (appeared with the leave of the court) instructed..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....l J. - This appeal by leave by the writ petitioner is from the judgment and order dated 12-1-97 passed by a Division Bench of the High Court Division in Writ Petition No. 5101 of 1996 discharging the Rule Nisi and thereby affirming the impugned notification No. Spe: Aa: B I:(Ain)-32/96/205 dated 4-1......ion to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) ..

Category: Civil Law | Date: | Hits: 203