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Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....esh Telecom Ltd. shortly HBTL, was incorporated on 8.10.90 under the Companies Act, 1913 with BTL and Hutchison Telecommunication (Bangladesh) Ltd, a subsidiary of Hutchison Telecommunication Ltd. holding 50% shares each. The petitioner company through BTL imported necessary equipment and made n......ng BTL to operate several telecommunication systems including Cellular Mobile Telephone Service in the private sector. Eight months thereafter, i.e. on 25.3.90 BTTB issued, being empowered by the Government to do so under the Bangladesh Telegraph and Telephone Board Ordinance, 1979, a licence un..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... question of fact for the first time in this Court. Besides, BOI granted permission to set up a joint venture company to install and operate the cellular radio telephone system by specifying the shareholding position of local and foreign participants at 50% each. BTL was the local shareholder. In th......pplication. HBTL filed an affidavit-in-opposition and claimed all investments made in installing the cellular radio telephone system to be its own. After the fall of Ershad regime Mr. Sahjad Ali, the overwhelming majority shareholder of BTL, had been missing and BTL did not take any steps for implem..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....an Law for pre-emption, the High Court Division negatived the same by referring to the concurrent finding of the Courts below in favour of the plaintiffs made upon consideration of the evidence and holding further that it was not open to the Court of revision to interfere with such finding. ......oes not ask for pre-emption of the whole of such interest is defective, and should not be entertained. 16. It is a fundamental principle of the law of pre-emption, established for over a century in the sub-continent, that the pre-emptor cannot break up the bargain of sale by su..Category: Property Law | Date: | Hits: 84
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
.... 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (No. LIV of 1985). 4. The Court of Settlement dismissed the case by its judgment dated 12th August, 1987 after holding that the building in question was an abandoned property. As the Court of Settlement was to ......gment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. After the liberation of ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ case, briefly, are that the building bearing holding No. 6A/8, Block ‘F’ Joint Quarter, PS Mohammadpur, Dhaka was allotted to Alima......ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….A..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... in so far as sub-section (4) of section 339C of the new Act is concerned. It will apply to pending cases. 7. It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991; a fresh period ...... January 23, 1991. 17. But the second question on which leave has been granted makes the first question very much an infructuous one, if the appellant cannot succeed on his contention that he is governed by the law then existing. 18. Sub-section (4) of section 339C of the Cr. P. C. was in t..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... a regular allottee of the Government of an abandoned property since July, 1972. All these facts stare in the face and we have no hesitation in finding that the High Court Division erred in law in holding that there was no formation of opinion by the Government that the suit property was an aban......hellip;………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M/..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... contended that the same did not exist and as, such, could not be a subject matter of partition. He further pointed out that by an amicable arrangement with the plaintiff he obtained some specific holdings and plots in these properties. In respect of the 'Ja' schedule, he did not offer any speci......ts in the case that sufficient materials were not produced to show that the defendant No. 1 was, in fact, the Chairman of the Panchayet Committee and that he had his own money lending business. Moreover, it was found that the wife of the defendant No. 1 could not have ornaments of a quantity whi..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....itled to benefit of doubt which is not as of grace but as of right PW 6 Abdul Hakim in his cross-examination on behalf of the accused Abdul Gani, clearly says, "Abdul Gani declared that he was holding rent money and that he was being unnecessarily harassed." This important piece of evid...... and the other two Officers, MA Rashed and Mujibar Rahman also rushed to the spot and charged the accused Abdul Gani of accepting the money as bribe. The said Officers disclosed their identity, recovered the GC notes from the accused Abdul Gani in the presence of witnesses and compared the same ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ement to hold the enquiry. This view finds support in the case of State vs. Ali Ahmed and another 16 DLR Dacca 558 and in the of Ghulam Rasul vs. Emperor AIR 195, Pesh. 1. No objection against the holding of the enquiry by the said Magistrate was also taken by the accused during or after the co......e to a separate room. Accordingly PW 1 Sk, Elahi Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Da..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....favour and the Court executed the deed of lease, Exhibit 1 (a) in his favour. The further case of the plaintiff was that prior to the execution of exhibit l(a) by the Court and during the period of holding over after the expiry of the period of the original lease, he let out the premises to the d......nd the Court executed the deed of lease, Exhibit 1 (a) in his favour. The further case of the plaintiff was that prior to the execution of exhibit l(a) by the Court and during the period of holding over after the expiry of the period of the original lease, he let out the premises to the defendant..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....s also drawn our attention to the grounds taken in the memorandum of cross objection filed by his client. Ground No. 1 thereof reads as follows: "For that the court below erred in holding plaintiff Respondent had agreed to waive his claim provided he gets his hut No.2 without a......fant and the defendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have been acquired by the Government and accordingly those properties have been excluded in the suit. The lands mentioned in t..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....se under section 347 of the Code of Criminal Procedure he must follow the procedure under Chapter XVIII of the Code. In the case of Emperor vs. Asghar and other, 37 CrPC 337, the Magistrate who was holding an inquiry under chapter XVII of the Code examined four witnesses by the prosecution out of......spect of the offence for which the accused is to be committed to the Court of Sessions that the proceedings are taken out of Chapter XXI and the other proceedings of the Magistrate must remain governed by the provision of that Chapter." 7. It is, therefore, evident from what h..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....der to appreciate the respective contention, it is necessary to quote the provisions of sub-sections (1), (4) and (6) of section 96 of the Act. "96. (1) if a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four m......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
.... severe as to reach the bone underneath as in the present case. The wound will not be also uniform in all respects as in the present case." The grounds given by the doctor PW 5 for holding the view that the injury was homicidal are so strong and reasonable that it rules out the ......reliminary inquiry and committed the accused to the Court of Sessions. At the time of trial the prosecution case was that the accused occasionally used to have quarreled with his wife Altafunnessa over the property and cash money which she had inherited from her brother. In the night before the ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....refused by the appellate Court below. Mr. AM Mahmudur Rahman, the learned Advocate appearing for the opposite party Nos 1 and 4, submits that the appellate Court below has come to a finding or fact holding that the petitioner failed to prove a prima facie case with regard to his title and possess......s favour. After considering the material points the learned Subordinate Judge came to a positive finding that the plaintiff did not show how he happened to be the brother's son of Birendra and moreover, an alleged bargadar had sworn the affidavit to support the petitioner's story of family arran..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....spense with the element of mens rea or criminal intention in regard to an offence of criminal misconduct." 17. It is, therefore, apparent that the trial Court committed a grave error of law by holding that the words "pecuniary advantage" were substituted for mens rea and the mere fact that th......default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund of the Works Programme. The amount was..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ng the proceedings. The SDO accordingly, on 3rd February, 1970 directed the receiver to stay granting of lease of the char land. In spite of that the Circle Officer, it was contended took steps in holding auction for granting lease of the char land. Thereafter the added respondents moved the Dep......stered kabuliyats in favour of the proprietors and since then they have been possessing these lands peacefully on payment of rent to the proprietors and after their acquisition, to the Provincial Government. As the new char sprung up from the bed of the river due to the shifting of the river Tet..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....ns, inter alia, that the plaintiff was entitled to get the said amount which accumulated as rents at the monthly rate of Rs. 22/-from the month of Falgoon, 1365 BS to the month of Magh, 1372 BS for holding No. 113, Quaid-e-Azam Road, Narayanganj. In the said suit the defendants 1, 3 and 4 filed ......; Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan,..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....rder Exhibit dated 25.9.62 directed the Project Director to review the cases, as he had no jurisdiction to act as an Arbitrator in the matter. In our opinion, the Chief Engineer, though an Officer holding a superior rank to the Project Director had no jurisdiction to set aside or question the aw......s further claimed that there was no arbitration in the dispute and the Project Director did not have any jurisdiction to give any such award, as there was no valid reference to the arbitrator. Moreover, the Executive Engineer never asked the plaintiff to go to Cox's Bazar and, as such, he was no..Category: Others | Date: | Hits: 98
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