Judgment search - Chancery Law Chronicles

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Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....gly, the pre-emptees prayed for dismissal of the case. 4. The learned Senior Assistant Judge on consideration of the evidence on record found that the pre-emptor is a co-sharer in the case holding and the case is not barred by limitation and that the same is also not bad for defect of pa......sider the submission that the decision reported in 31 DLR (AD) 88 is no longer holding the field in 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 ..

Category: Property Law | Date: | Hits: 64

Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)

....nbsp; Total: Taka 16,48,758 4. As it appears on 20-11-2000 the High Court Division issued Rule and then on 9-1-2001, just within a span of 40 days, made the Rule absolute holding as follows: "This Rule was issued directing the respondent No.1, Agrani......e subject-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 sustaine..

Category: Banking Law | Date: | Hits: 101

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

....cquired vested in the government and, as such, the suit was misconceived and not maintainable and barred by law. Because the learned Single Judge of the High Court Division is wrong in holding that the acquisition stood abated under section 12(1) of the Ordinance of 1982 and the s......the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired ..

Category: Property Law | Date: | Hits: 51

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

....e Registration Act, 1908……….(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is com......e date of transfer but became a co-sharer subsequently. It was also contended on behalf of the appellant that the transaction was not a sale but discharge of the obligation and, as such, is covered by the exception as in section 96(10)(c) of the State Acquisition and Tenancy Act. The provi..

Category: Property Law | Date: | Hits: 55

Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....on of the application of the Bangladesh Telecommunication Act, 2001 in respect of matters 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 ......n application was filed on 29-5-2003 has been termed as false. It has further been stated that writ respondent No.3 is not the licensing authority for broadcasting television programme and, as such, over misconception of law the writ-petitioner is alleged to have filed an application for the licenc..

Category: Information Technology Law | Date: | Hits: 266

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....ised by an agreement for reconveyance and that the right to pre-emption being a statutory right, it will prevail over any agreement for reconveyance. It was further held that as soon as "the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance c......that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain 3..

Category: Property Law | Date: | Hits: 71

Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)

.... respondent No. 2, Thana Nirbahi Officer, within time and the Thana Nirbahi Officer as an appellate authority by his order dated 5-1-2003 affirmed the order dated 1-1-2003 of the Returning Officer holding him disqualified as a loan-defaulter with the said Bank. 4. Upon a split judgment t......dul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of r..

Category: Election Law | Date: | Hits: 106

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. ......e concerned Ministry termed these proposals as unselected and opined that a tender could be floated for appointing a consultant. But the Minister Mr. Md. Nasim, with the dishonest intention and being over enthusiastic, verbally directed that appointment of a consultant be made from the proposal rece..

Category: Anti-Corruption Laws | Date: | Hits: 89

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....ice at Kalapara Upazilla under Patuakhali District. The respondent submitted written statement denying all the charges brought against him. An enquiry officer was appointed on 24-4-1990 who after holding enquiry submitted report finding the respondent guilty. The authority then issued second sh......al from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly dismissed………….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal ..

Category: Administrative Law | Date: | Hits: 112

Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....d goods. He also submits that as neither the ship owner denied the truth of the list and the Captain did not state that the cargoes were shipped for another port, the learned Judges were in error holding that the customs authority wrongly held that the seized goods were prohibited and not fo...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Fin..

Category: Business or Commercial Law | Date: | Hits: 96

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....nd lawful. The High Court Division rejected the claim of the petitioner that the consignment imported by the petitioner was Dunpeas (whole). 3. This Division dismissed the civil petition upholding the judgment and order of the High Court Division holding that the petitioner did not at al......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. ..

Category: Business or Commercial Law | Date: | Hits: 88

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....before the learned District Judge and that being not done, there was no scope for converting the revisional application into a first miscellaneous appeal. The High Court Division was quite correct in holding that the revisional application was not maintainable as because the order impugned in the re......f. 2. As against the said order of status quo the defendant-petitioner herein moved the High Court Division in revisional jurisdiction and obtained the Rule. 3. The suit was filed seeking recovery of possession of the land described in schedule 'Ka' and for a direction to prepare and publis..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....dence. If aforesaid evidence are pieced together in the facts and circumstances of the case, there would be no exception from the conclusion that attempt was first made to suffocate Mammy, holding her firmly and powerfully from above her body (see injury No. 2, No. 3 and No. 4), which sh......ght of October 29 and 30,1999, that having had that information the informant along with his other brothers went to the condemned prisoner's house and found the dead body of the victim on the cot covered by a 'chaddar', that on removing 'chaddar' PW 1 and his companions noticed mark of injuries ..

Category: Criminal Law | Date: | Hits: 59

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....and order of the High Court Division he has submitted that the High Court Division committed an error in decreeing the suits only taking into consideration the long possession of the plaintiff and holding that the plaintiff acquired title by adverse possession. He has pointed out that the plaint......andra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is r..

Category: Property Law | Date: | Hits: 51

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....ty to cross-examine the witnesses in violation of the provisions of rule 10(1)(2)(3) and (4) of the Government Servant (Discipline and Appeal) Rules 1985, completed the inquiry and submitted report holding the respondent guilty of the charge, then second show cause notice was issued without supp...... Ed. ..

Category: Administrative Law | Date: | Hits: 113

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....stablishment of a cinema hall in the suit plot; that thereafter the Deputy Commissioner, respondent No. 15, sent the matter for enquiry and report to the Upazila Nirbahi Officer, Bajitpur who after holding enquiry submitted report and then the Deputy Commissioner, Kishoreganj being satisfied iss......onditions and restrictions imposed by such licence." Under section 4 the District Magistrate is made the licensing authority but under the proviso to the said section the Provincial Government can by notification constitute for the whole or any part of a Province such other author..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....dent but his approval was not obtained before discharging her from service. 3. The learned Member of the Administrative Tribunal by his judgment and order dated 27-5-1999 allowed the case holding that the discharge of the appellant from service by respondent No. 2, a Deputy Secretary of...... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others......

Category: Administrative Law | Date: | Hits: 128

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....eed No. 3577, where Nagendra and Narayan are the purported executants. Fingerprint Expert's opinion about only Narayan's questioned LTIs. along with oral evidence of denial by him is the basis for holding the document to be forged. Of these three Sale‑Deeds, the Sale‑deed No. 3576 co...... and in possession of the complainant and his three co-sharers, all residing in the same homestead, had been sold at a small amount of Tk. 40.000.00 whereas, the market value of this land was over ten lac taka. Complainant alleged that he and his three co‑sharers purported executants&..

Category: Criminal Law | Date: | Hits: 68

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....r rendering assistance to the Police of the Thana by giving information about the crime condition of the village. For paying choukidars' salaries the Village panchayet was given power to levy tax on 'holdings' in the village and for construction of roads and bridges, maintenance of communication and......��…………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangla..

Category: Constitutional Law | Date: | Hits: 655

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....at the evidence adduced in the case was utterly inadequate. 4. Mr. Fazlul Karim, learned Advocate for the petitioner, has submitted that the respondents have been wrongly acquitted upon erroneously holding that the evidence was not adequate. He also submitted that if further evidence was needed ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..

Category: Criminal Law | Date: | Hits: 61

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