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Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under secti......, 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)
....and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that they do not owe any money on any account to the Bank i.e. the appellant, Agrani Bank, and, as such, they are not d......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)
....of section 96(10) (c) of the State Acquisition and Tenancy Act reads as follows: "Section 96(10)(c): a transfer by bequest or gift (including Heba but excluding heba-bil-ewaz for any pecuniary consideration) in favour of the husband or wife or the testator or donor, or of an...... Acquisition and Tenancy Act the transaction is subject to pre-emption. 19. It has been contended on behalf of the appellant that pre-emption case was not maintainable since in between the stage of presentation of the document for registration and registration thereof (presented for regi......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)
.... trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is a sale deed and the alleged agreement of reconveyance is a colourable paper transaction without any consideration and that during pendency of the pre-emption proceeding the Pre-emptee by a sham t......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
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... The plaintiff respondent No. 1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messrs Kaknorak Company which used to deal in jute in the matter of construction of Jute Godown and excavation of canal......nafide of the appellant submitting, inter alia, that the Government represented by the Deputy Commissioner filed written statement, almost admitting the case of the plaintiff and so at such belated stage, the appellants are not entitled to any relief because of the laches, negligence ......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. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
.... is 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&hel...... given full relief to the respondent including release of gold in an application for bail under section 498 of the Code of Criminal Procedure as the same does not authorise any court, at the stage of the case at the material time, to pass an order for release of seized articles. 5....... 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)
....ncy fee of Tk. 12,22,000 and USD 20,370 was realised from the winning bidder World Tel Holding Ltd. as there was no fund for payment of consultancy fee. It was also stated that neither in the RFP nor any where also was it mentioned that the winning bidder will pay the consultant's fee. From this it ......iminal Procedure in quashing a criminal case when the facts and circumstances of a case fall within the category laid down by the Appellate Division which are: (a) Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case c......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)
....easonably severe. The Administrative Appellate Tribunal on consideration of the materials on record held that the charges brought against the respondent may be an irregularity and do not constitute any offence of corruption and misconduct and, as such, major penalty from dismissal was unwarranted......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)
....inst that order was dismissed. Leave was granted to consider the submissions as under: "The learned Additional Attorney-General Mr. Mahbubey Alam, submits that in the absence of any finding regarding the place of arrest of the ships in the high seas by the appellate authority......g book of BNS Tamjeed showing that the vessel was arrested well inside the Bangladesh territorial Water. The learned Counsel for the respondent found fault with the production of the logbook at the stage of revision on the plea that the same did not form part of the record required for the dispos......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)
....rty. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the......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)
....908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character o......n filed under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure awaiting final disposal of the said application for temporary injunction. 7. The learned Advocate for the petitioner at one stage of his submissions submitted that the order of status quo was passed upon a petition filed und...... 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
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ctim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Co......nge of words in the night of incident between the victim on one side and on the other side victim's mother-in-law and the condemned prisoner's sister over the taking of food and at one stage of exchange of words the condemned prisoner's mother and sister caught hold of Mammi by her h......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....-compliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 5......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)
....tion of departmental training in the year 1981, he was posted at Khulna and on 17-5-87 he was transferred to Dhaka Office and he having served sincerely and honestly for 9 years was awarded many rewards and while posted at Dhaka City Internal Operation he suddenly fell ill and, as such, co......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)
....t of Parliament‑Act No. 2 of 1992. Among other allegations made by the appellants, the displaced elected Chairmen, one is that the Repeal Ordinance is itself invalid since there was no existence of any circumstance which, according to the President's satisfaction, rendered it necessary to make the...... USA and France. 10. Local government institutions, particularly in urban areas in our countries, have been modeled on those functioning in the United Kingdom. There die system has reached the stage of almost perfection through several centuries of uninterrupted growth and experience. Develop......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)
..... 4. The appellant contested the application filed by the UCBL by submitting an affidavit-in- opposition. It was mainly contended that the application was not maintainable inasmuch as a Company cannot hypothecate/mortgage/use as security its own shares. 5. The learned Judge of the......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)
.... of 1961, renumbered as Money Suit No. 22 of 1986. The delay in disposal of the suit was attributed to the delaying tactics of the defendants and not to the Court. The report was published without any malice and with no aspersion on the Court. The learned Subordinate Judge himself mentioned Titl...... of justice either by prejudicing a fair trial or the mind of the public against the persons as parties in the litigation. 9. The learned Counsel for the appellant has submitted at one stage of the hearing that the appellant was not a free agent when he reported the news items, but h....... 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)
....n short) of the University of Chittagong as a part of the contract, whether it was also wrong in holding that the Arbitrator's finding on the actual quantity of earth cut by the appellant was without any basis, whether the award was indefinite and vague, whether even on that assumption the award cou...... 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)
....a Improvement Trust, DIT, now Rajdhani Unnayan Kartripakha, shortly RAJUK on 25.4.79. On required by the then DIT respondent No. 4 submitted an affidavit on 30.4.79 stating that he did not possess any residential house or land in his name or in the name of his wife, children, dependants or in be......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)
....ebtor. The learned Judge also held that there being a specific provision of substitution under Order 22 rule 3(1) of the Code of Civil Procedure, the learned SCC Judge had no jurisdiction to exercise any power under section 151 of the Code. 3. Leave was granted to consider the appellants' submiss......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
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