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Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... plaintiffs and for 22 decimals of land in the name of the defendants and, in such view of the matter, the suit for declaration of title for 12(twelve) decimals is not maintainable without further prayer that SA record was wrongly prepared for 6 (six) decimals in the name of plaintiffs and 22 de..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ndent company. In the meantime, the Agrani Bank filed Title Suit No. 8 of 1992 in the Court of the Subordinate Judge and Artha Rin Court No. 1, Dhaka against the company and the respondents with a prayer for recovery of its loan by sale of the properties of the company mortgaged to the Agrani Ba..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....petitioners cannot invoke both the jurisdictions for the same relief. He further submits that Rule in Writ Petition No. 2746 of 1997 is liable to be discharged for failing to invoke or exhaust the alternative statutory remedy by way of appeal before the Press Appellate Board as provided under se......ments made in the aforesaid two writ petitions it cannot be said that the writ-petitioner has been able to make out any case for enforcement of the fundamental right regarding press freedom and no prayer has been made in these two writ petitions seeking enforcement of the fundamental right under..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......r declaration with consequential relief, the Court of Additional District Judge in dealing with the revision committed error of law in allowing the amendment of plaint and rejecting the prayer for rejection of the plaint on the erroneous view of removal of defect in the suit, inasmuch..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......against the Ministry of Works and its Secretary, the respondent Nos.2 and 3 herein, and obtained ex parte decree. In the above suit the appellant, Bangladesh Bank, was not made a party. Then on the prayer of the respondent No. 1 in Money Execution Case No. 5 of 1979, the executing Court by order..Category: Civil Law | Date: | Hits: 104
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. ......disallowing the preemption case and his finding in that behalf warrants interference with, allowed the appeal and thereupon, upon setting aside the judgment and order of the trial Court allowed the prayer for preemption. 7. The Pre-emptee as against the judgment of the lower appellate Co..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. ...... the pre-emptees are co-sharers of the holding in question by inheritance, by purchase as well as they are contiguous land owners of the holding in question. 5. The trial Court allowed the prayer for preemption on the finding that the pre-emptees were neither co-sharers by purchase or by..Category: Property Law | Date: | Hits: 70
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. ......n view of the later decision reported in 33 DLR (AD) 113 by which the Appellate Division, in fact, overruled its earlier decision and therefore, the High Court Division erred in law in allowing the prayer for preemption ignoring the special feature of the instant case that the ..Category: Property Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....did not honour the said order he had to file the above Summary Suit No. 6 of 1996 but since the Court of District Judge did not dispose of the above suit and kept the same pending; he had no other alternative but to file writ petition claiming Taka 16,48,758 from the appellant Bank as he in the ...... 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)
....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. ......he Secretary, Election Commission to about 2,40,000 enumerates, 70,000 supervisors, 6235 assistant registration officers and 83 registration officers in pursuance of the impugned decision and also prayer for stay was made therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with s..Category: Election Law | Date: | Hits: 108
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....m orders so soon as an application was but presented, when a second thought (or a second's thought) would expose the impairment of the public interest and, often enough, the existence of a suitable alternative remedy. 19. We deprecate the practice of granting interim order which pr......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. ..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. ...... 1,000. It was also the contention of the pre-emptee that on the death of her husband Babor Ali as she has become the co-sharer of the holding land of which sought to be preempted and, as such, the prayer for pre-emption is liable to be rejected. 5. The trial Court dismissed the Miscella..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. ......er submitted that the High Court Division miserably failed to distinguish between grant of licence and allocation of frequency which called for separate applications and there being no application or prayer for grant of licence to establish or operate a telecommunication system or undertake any cons..Category: Information Technology Law | Date: | Hits: 266
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. ......efore us. It appears that on 24-11-1996 plaintiff-respondents filed an application under Order I, rule 10 of the Code of Civil Procedure praying to implead the appellant as defendant No. 4 and the prayer was allowed accordingly, impleading the appellant as defendant No. 4 amending the plaint. On..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. ......entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the authority and that he made a formal prayer for allotment of the land as described in his application but no plot was allotted to him an..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. ......governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant…..Category: Criminal Law | Date: | Hits: 57
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......iew indicate that the petitioner intends rehearing of the whole Civil Petition which is not permissible under Article 105 of the Constitution. The matter has been disposed of on merit and here the prayer is for rehearing of the whole matter by entering into the facts of the case which this ..Category: Business or Commercial Law | Date: | Hits: 88
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ered for an expeditious hearing of the appeal. 3. On this submission we do not like to interfere with the impugned order. The petition is dismissed. The petitioners may, however, renew their prayer for bail or for an early hearing of their appeal before the High Court Division. 4. I..Category: Criminal Law | Date: | Hits: 50
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....uit was not maintainable. The Court as aforesaid put emphasis upon the plaintiffs' tide and again decided it against the plaintiffs in the suit for mesne profits. The plaintiffs had no alternative but to prefer the appeal, said the plaintiffs, advocates. Whether it is open to the de......at the plaintiffs have the title of the Properties while the defendants are in illegal occupation and had constructed some buildings there. The operation of the decree was, however, stayed on the prayer of the defendants to afford them to prefer appeal. "In the meantime,..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....on is whether the High Court Division is well founded in law in rejecting the contention of the appellants that the two writ petitions filed against them by the respondents are not maintainable as an alternative remedy by way of statutory appeal is available. 2. In both the appeals the Co......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
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