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Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....ght of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser ......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. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....d Other Suit No. 115 of 1993 in the Court of the Senior Assistant Judge, Second Court, Chittagong, for a declaration that the ex parte decree dated 13-10-1993 passed in Other Suit No. 98 of 1985 is illegal, void, collusive and not binding upon him. 7. His case is that he purchased the suit prope......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...Category: Tenancy Law | Date: | Hits: 72
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....coloured jeep which was carrying some police personnel. When asked the reason for Shoaib's said heinous nonfeasance, he did, without showing minimum respect to his Lordship, which he is legally bound to do, he in the most obnoxious manner replied "Amra High Court er potaka salute......npalatably naughty profanation, tantamounts to devastatingly attenuating, undermining, maiming and demeaning the perennially insulated sanctity, authority, dignity, reverence and the Constitutional status and the Majestic Excellence, the august Court holds as one of the three organs of the ..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. ...... 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. ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
.... Islam Moni, MP and was astonished to read the same. The letter (in original) is annexed herewith which will speak for itself. 3. Considering the national importance of the matter, the legal questions in issue in the appeal, especially for maintaining people's confidence in this aug......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. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....vernment the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the previous owner…….(35) C......, 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. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under Borrower Code No. 10061 (Annexure 'A') shall not be declared to be without lawful authority and of no legal effect and why the respondents shall not be directed to delete the name of the petitioners f......t in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation, that the Bank has filed written statement in the suit, that status of the writ petitioners as loanee defaulters as alleged by the Bank has not yet been decided..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....y the defendant relied on by the lower appellate Court the decision by the High Court Division as to correctness of the judgment of the trial Court, brushing aside other evidence on record was not legal and proper and, as such, is not sustainable in law, that the decision of the lower appellate ......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. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....in lieu thereof, the transfer would be for a price. A transfer, therefore, of immovable property in consideration of a dower-debt which is a heba-bil-ewaz, under the Muhammadan Law, having all the legal incidents of a sale, falls within the purview of section 54, Transfer of Property Act ".......but in case of pre-emption the date of registration gives rise to the accrual of the right of pre-emption". The aforesaid observation was made in the context of point for determination of the status of the class of tenancy i.e. whether the status of tenancy would be governed by the provisio..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... findings that the respondent No. 1 never applied to the Government for restoration of the property though, according to respondent No. 1 they were dispossessed on 12-6-1974 by one Monir Hossain illegally and the respondent No. 1 also could not produce any documentary evidence like voter list, p...... in fact, a report of the Special Branch of Police, Rajarbag addressed to the Section Officer, Ministry of Home Affairs in reply to Memo No. 902 dated 1-7-1985 regarding verification of nationality status of respondent No. 1. 12. Thus it appears that the High Court Division did not consi..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....olute declaring that the impugned order and subsequent actions of the writ respondents in not returning back the equipment of the writ petitioner have been done without lawful authority and are of no legal effect and further directing the writ-respondents to return back the seized equipment/machiner......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. ..Category: Information Technology Law | Date: | Hits: 266
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....e judgment and order dated 9-2-2002 passed by the High Court Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was a......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. ..Category: Property Law | Date: | Hits: 72
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....al proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. (c) Where there is a legal bar against institution or continuance of a criminal case against an accused person. (d) I......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. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....herein giving promotion to the proforma-respondent Nos. 8 and 9 by superseding the writ-petitioner-respondent No. 1 should not be declared to have been issued without lawful authority and is of no legal effect and why the writ-respondent No. 2 should not be directed to consider the case of the w......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....Family Planning Officer. Being aggrieved the appellant preferred the leave petition. 5. Leave was granted to consider the submission that the Administrative Appellate Tribunal had no legal authority or jurisdiction to modify the penalty of the respondent from dismissal of service t......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....ally without hearing the affected party. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violatio......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....igh Court Division discharged the Rule on the finding that as against the order of status quo the petitioner was required to file an appeal and that the order of status quo so passed cannot be said illegal since the Court is very much competent to pass the order impugned in case the Court feels that......November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselves from d..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is confessional statement and the said manner of causing death being exactly the same as stated by PW 2, the only eye-witness, the High Court Division and the Adalat upon failing to appreciate the legal position and the evidence on record were in error in convicting and sentencing the condemned ......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. ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....d Advocate who appeared on behalf of the plaintiff-respondent, has submitted that the plaintiff was continuously in possession of the suit land and, as such, the High Court Division committed no illegality by declaring title in favour of the plaintiff. However, he has conceded that the High Cour......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
.... article 7 and non-compliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Kh......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
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