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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.......mad, Advocate, instructed by Md. Feroz Shah, Advocate-on-Record—For Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 113 and 114 of 2003. (From the judgment and order dated 20-7-2002 passed by the High Court Division in Civil Revision Nos. 198 and 199 of 1998)....... Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......etitions are dismissed. Ed...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. ......) instructed by Sufia Khatun, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-22. Civil Appeal No. 244 of 2001. (From the judgment and order dated 19-11-1999 passed by the High Court Division in Civil Revision No. 559 of 1997). ......sp; Ed. ......s necessary for the proper constitution of the pre-emption application. Order I, rule 9 of the Code does not apply when a cause of action arises against a number of persons jointly because when one of such persons is eliminated no cause of action subsists against others as in the suit for pa..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....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. ......l Appeal No. 12 of 2004 and Sergeant Shoaibur Rahman and Sergeant Md. Russel Arafat are the appellants in Criminal Appeal No. 16 of 2004. Criminal Appeal No. 12 of 2004 is against the judgment and order dated 21 January 2004 passed by a Division Bench of the High Court Division of the Supreme Co......tence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......r 7, 2004. The Contempt of Court Act, 1926 (XII of 1926), Section 2 'Apology' is an act of contrition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is devoid of remorse. The Court finds no reason to differ with the fin..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. ......-matter suppressing the pendency of the former suit. Such suppression disentitles respondent no. 1 to claim any relief 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…...... and order passed by the High Court Division is set aside. Ed. ...... The respondent No. 1 filed the above writ petition impleading therein the appellant Bank and the Attorney-General as respondent Nos. 1 and 2 stating as follows: "That the petitioner is a trader by occupation. That the respondent No.1 is a Banker, as defined under section 3(b..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....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. ......s made therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with similar prayers. Both the petitions being heard by the High Court Division have been disposed of by the judgment and order dated 4-1 -2006 giving some findings and observations. 5. Being aggrieved the Electio......he aforesaid observations, the Rule is disposed of. Ed. ...... 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. Election Commission represented by the Chairman (Chief Election Com..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought f......(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has clo......respective costs. Ed. ......6th Court of learned Assistant Judge, Dhaka, for declaration of title and mandatory injunction for release of the property. The suit was filed with the averments that the suit property belonged to one Yasin Bepari and he died leaving a son Taijuddin, and a daughter Taherun Nessa to inherit the s..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....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. ......on who has not claimed title in the property sold in auction in the certificate proceeding initiated as per provisions of the Public Demand Recovery Act after lapse of about 12 years. The impugned order of the Senior Assistant Judge setting aside the order of the Revenue authority is restored&he......ordingly, the appeal is allowed without any order as to cost. Ed. ......ainst the order dated January 3, 2000 of a Division Bench of the High Court Division in Writ Petition No. 60 of 2000. 2. The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of readymade garments and enjoying loan, overdraft ..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. ......urt and decreed the suit is of no merit. 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. ......rdingly the appeal is allowed. There is no order as to cost. Ed. ......ttached to the plaint on 15th Kartik, 1372 BS corresponding to November 1, 1965 for a consideration of Taka 500, that the defendant on that date executed a kabala upon receiving the consideration money and while the same was presented for registration the authority did not register the document ..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. ......eal 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 District Judge, Dinajpur in Miscellaneous Appea...... This Case is also Reported in: IV ADC (2007) 721. ......ase was filed on January 2, 1989. 4. In the background of the aforesaid facts it was contended by the pre-emptee Fatema Khatun, that the transfer in question was made in lieu of the dower money Taka 37,000 and that the transfer being discharge of the dower debt the same was valued at Tak..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....n. The writ petitioner made several applications to the, petitioner No. 1 for restoration of the house but it was of no avail. The house was included in the 'Ka' list of the abandoned buildings and published in the Bangladesh Gazette on 28-8-1986 under the provisions of Ordinance No. 54 of 1985. ...... Civil Appeal 129 of 1998. Judgment: 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, ......he Court of Settlement in case No. 869 of 1987 is restored. Ed. ......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 of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Dhaka in Case No. 869 of 1987 in respect of House No. 12/4, Block-F,..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....h payments as it thinks fit, to any person to establish, maintain or work a Telegraph within any part of Bangladesh. Provided further that the Government may by rules made under this Act and published in the official Gazette, permit, subject to such restrictions and conditions as thinks f......Respondent No. 2 (Civil Appeal Nos. 387 of 2003). Not represented—Respondent Nos. 1-9 (Civil Appeal No. 384 of 2003). Civil Appeal Nos. 383-384 with 385-387 of 2003. (From the judgment and order dated 28th August 2003 passed by the High Court Division in Writ Petition Nos. 4196 of 2003). ......gment and orders of the High Court Division are hereby set aside. Ed. ......coming under section 3(2) of the said Act being clear and unambiguous, the High Court Division erred in holding "we hold that the Act of 2001 is applicable in respect of all the matters as mentioned in section 3 of the Act and the BTRC is the sole and exclusive authority to grant such licens..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....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. ......— For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. Civil Appeal No. 15 of 1998. (From the judgment and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). ......appeal is dismissed without any order as to costs. Ed. ......ed. The appellant unsuccessfully moved the High Court Division and thereafter moved this Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in questi..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. ......vocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 41 of 2003. (From the judgment and order dated 12-1-2003 passed by the High Court Division in Death Reference No. 46 of 2000). Judg...... 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. ...... Supreme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Yogeshwar Gope………………….Petitioner Vs. State............................Respondent Judgment December 12, 2005. ..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......ate-on-Record—For Respondent No. 4. Not represented—For Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 1099 of 2005. (From the judgment and order dated 25th July 2005 passed by the High Court Division in Writ Petition No. 480 of 2003). ......e for the petitioner. The petition is dismissed Ed. ...... Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......nstructed by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Dispensed with—Respondent Nos. 2 & 3. Civil Appeal No. 70 of 2003. (From the judgment and order dated 7-12-1998 passed by the High Court Division in Civil Revision No. 2170 of 1998). ......, in default, this appeal shall stand dismissed. Ed. ......nt Operation, the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commissioner, Narayanganj, Additional Deputy Commissioner Revenue, Narayanganj and Assistant Commissio..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....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. ...... by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001).......ere with the decision of the High Court Division. The petition is dismissed. Ed. ...... Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ...... Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Ca......l Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......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 also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of gold sei..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....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. ...... Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 99 of 2005 (From the judgment and order, dated 4tn January 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8......ind no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain J Md. Fazlul Karim J Amirul Kabir Chowdhury J AHS Rahman………………………Petitioner Vs. State................... Respondent Judgment June 15, 2005. The Code ..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: ...... prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable and manif......, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......ng Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Court of Sessions Judge, Khulna. 2. The facts as stated in the petition, in short, are that on 5-11-1993 PW 2, one SM Hafizur Rahman, informed PW 1 Md Liton to the effect that on 5-11-1993 at about 7-30 PM accus..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....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. ......ngir, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003)......its no consideration. Accordingly, it is dismissed. Ed. ...... Present: Syed JR Mudassir Husain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 66
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