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Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......ustralian system of Parliament, submitted that a Minister of those countries are subject to rules, guidelines and requirements in order to ensure that no conflict arises between their private interest and public duties. In reply Mr. Huq submits that proviso to Article 56(2) of the Constitu..Category: Civil Law | Date: | Hits: 103
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. ......sputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with the buyer, in that ca..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. .......................Respondents Judgment March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of reconveyance would b..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. ......le Suit No. 43 of 1978, was decreed on contest on February 18, 1980, that the allegation of forgery in the decree of Title Suit No. 43 of 1978 is not true, that plaintiffs have no right, title and interest in the land of plot No. 203/31. 5. The trial Court on consideration of the materia..Category: Property Law | Date: | Hits: 51
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....... the submissions of the learned Advocate and gone through the judgment and we are of the view that Messrs Haji Hashem and Haji Ahmed Brothers being a licensee under the lessee, Burmah Eastern, had no interest in the suit property which it could transfer to the petitioner. 14. We do not find any ..Category: Tenancy Law | Date: | Hits: 72
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. ......sons and many others, day in and day out, nor can it be desirable to appease such acts, as otherwise the reverence and the Judicial eminence of this Court shall stand infernally waned, throwing the interest of the nation and the people to catastrophic consequences. The office is directed to serve..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. ......lidity of the Guarantees issued against the above said FDR have now expired you are requested to cancel the FDR above said and credit my Account No. 205 with the FDR above amounts together with the interest accrued thereon up to date. Thanking you, Yours sincerely Sd/ ..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. ......ion to the learned Advocate just to inform him of the incident and he took great care to uphold dignity of 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 ..Category: Election Law | Date: | Hits: 108
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. ......ically give the principle relief sought in the petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of other considerations". 18. In the case of Assistant Collect..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. ......) Vendor Babor Ali having had died on June 7,1988, Fatema Khatun, the pre-emptee, became co-sharer in the holding, since by the transfer in question to Fatema Khatun, Babor Ali did not exhaust his interest in the holding and the Miscellaneous case having been filed on 2-1-1989. 20. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....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. ...... behind, rooted in the Telegraph Act of 1885 which is wholly inadequate and unsuited to an important medium like radio and television, i.e., broadcasting media. It is absolutely essential, in the interest of the public, in the interest of the freedom of speech and expression guaranteed by Arti..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. ...... held that as soon as "the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance cannot suspend operation of a statute" and that by a sale the interest of the property passed and "what remained was merely a right to obtain a reconveyanc..Category: Property Law | Date: | Hits: 71
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. ......h Abdus Sabur vs Returning Officer 41 DLR (AD) 30. It was observed: "The main object of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from ..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. ......een allowed to the Appellant/added Defendant No. 4 to enable it to submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable..Category: Property Law | Date: | Hits: 66
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. ......equirement of such Degree has been created under Service Regulation of 1990. The petitioner having enjoyed the privileges of service Regulation of 1968, the Regulation of 1990 is derogation of his interest, which is not permissible. Such finding of the High Court Division has been confirmed and ..Category: Employment/Service Law | Date: | Hits: 66
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: ...... show cause against such surrender within such period, if he fails to do so the Deputy Commissioner shall take possession of the same. 7. Article 15 provides that any person claiming any right or interest may within 3 months of the announcing of the order claiming any interest or right therein t..Category: Property Law | Date: | Hits: 108
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. ......ctive Principles. 26. In Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Article 46 was involved. It requires the State to" promote with special care economic and educational interest of weaker sections of the people"‑particularly the Scheduled Caste and Schedule Tribes. G..Category: Constitutional Law | Date: | Hits: 655
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. ...... The defendants entered appearance and filed written statements claiming, inter alia, that they are owners in rightful possession of the said lands, and denied the plaintiffs' right, title, interest and possession. "The said suit was dragged on for 10 years in the Court of Subordina..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. ...... could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High Court Division. 3. The respondent‑University o..Category: Alternative Dispute Resolution | Date: | Hits: 202
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. ...... 12.3.91 made the rule absolute and set aside the order of the learned SCC Judge on the ground that the right of a monthly tenant being not heritable the appellants cannot claim to have inherited the interest of the deceased judgment‑debtor. The learned Judge also held that there being a specific ..Category: Tenancy Law | Date: | Hits: 90
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