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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. ...... the judiciary and in the letter in question he marked it as secret and thought that in the interest of fair justice it ought to have been informed to the learned Counsel and he is not party to the proceeding. On his behalf, it has been emphatically reiterated that he was not aware of the fact t..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., 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. ...... April 6, 2006. 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 ..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. ......he revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a person 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 ye..Category: Banking Law | Date: | Hits: 121
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. ......nd others reported in 45 DLR (AD) 26, wherein it has been observed- "If a pre-emptee is not a co-sharer at the time of transfer or at the time of the institution of pre-emption proceeding, as in the present case, and if he becomes a co-sharer in the case holding during the p..Category: Property Law | Date: | Hits: 55
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. ......land and in turn executed an Ekrarnama on the same date of kabala dated 28th October, 1979. The value of the land would be Taka 20,000 at the relevant period. During the pendency of the pre-emption proceeding the respondent Nos. 1 and 3 re-transferred the case land in favour of respondent No.2 by..Category: Property Law | Date: | Hits: 71
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. ...... release the seized goods are without lawful authority and the submission that the seized goods, subject matter of the offences alleged, cannot be ordered to be released till the conclusion of the proceeding nor such orders can be passed ex parte and the further submission that the High Court Di..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....(V of 1898), section 561A Since the First Information 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, instruct......section 561A Since the First Information 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 Sha..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....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: ......fficer on 1-3-1978 by a competitive examination through Public Service Commission. While he was 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 Ru..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......rent. One Act is in personem and the other is in rem and, as such, 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 Moham..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....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: ......Government of Bangladesh on 12-6-1985. The Joint Secretary called for a report from the Additional Deputy Commissioner (Rev), Habigonj vide Memo dated 15-6-1985 and in the meantime stayed all further proceedings in respect of the case land. Copy of the said Memo which was forwarded to the petitioner..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ...... not to deal with the property in a manner changing the nature and character of the subject-matter of the suit as is on the date of passing of the order. So, by the order of status quo parties to the proceeding are restrained from doing act bringing change in the nature and character of the subject-..Category: Civil Law | Date: | Hits: 92
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....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: ......ontrary to the provision of section 5(1)(Ka) of the Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (No. LIV of 1985). The learned Counsel has further submitted that after appropriate proceeding under Articles 7 and 15 of President's Order No. 16 of 1972 and under section 5 of the Or..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) o..Category: Administrative Law | Date: | Hits: 113
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......n directions as to adoption of destitute and abandoned children keeping in view Articles 15 and 39(f) of the Constitution. In all these cases the State and other authorities concerned were themselves proceeding to make necessary legislation for implementing the directive principles, and in some case..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......an amount of US $ 1, 27,089.70 against respondents Nos. 2‑8 in the aforesaid Admiralty Suit. After obtaining the said decree the appellant put the decree into execution and in that execution proceeding the High Court Division passed an order on 10.9.86 for attachment of the aforesaid share..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ....... It was held that the report of the contemner, a holder of a Masters degree in Journalism, and a practising Advocate, appearing for the plaintiffs, is not a fair and accurate report of a judicial proceeding, not a fair comment on the merits of the case and it has scandalised the Court by distor..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... leave therefrom. 2. Leave was granted to consider the appellant's submission as to whether the High Court Division erred in holding that the Arbitrator misconducted himself in considering the proceedings of the 87th meeting of the Planning and Development Committee (P & D Committee, in s..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......t No. 4. In the meanwhile the appellant got the plot registered after obtaining the permission and filed an application for mutation, but on receipt of a letter dated 5.10.86 from the said Cell all proceedings in the mutation case were stayed. The penultimate decision of the Board of Trustees was..Category: Property Law | Date: | Hits: 110
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......point involved in this defendants' appeal by leave is as to whether the High Court Division is right in taking the view that the substitution of the appellants as heirs to the deceased defendant in a proceeding under Order 9 rule 13 of the Code of Civil Procedure in which the deceased defendant was ..Category: Tenancy Law | Date: | Hits: 90
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......ns, Jessore passed in Civil Revision No. 1143 of 1980 reversing the judgment of the lower appellate Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's ..Category: Property Law | Date: | Hits: 106
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