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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. ......eir 1875 shares, they could not enter into the mill premises and could not have access to the records and books of the company although the respondent No. 1 and the respondent No. 2, together were holding the majority shares of the company, but they were kept in complete darkness in respect of t..Category: Business or Commercial Law | Date: | Hits: 86
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. ......itions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the post of Executive Director by the appellant after he became a Minister was violative..Category: Civil Law | Date: | Hits: 103
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. ......n law in interpreting Articles 84, 85, 88 and 90 of the Constitution, the provisions of Order XXI, rules 52 and 56, CPC, Articles 71 and 72 of President's Order No. 127 of 1972 and wholly erred in holding that no Appropriation Act is necessary for withdrawing money from the Consolidated Fund for..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....ellip;……… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the r......cellaneous case was filed under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party N..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. ........(11) The High Court Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case ho..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. ...... 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 materials on record decreed the suit upon holding that Exhibit 2 i.e. kabuliyat, shows that the land in suit i.e. land of plot No. 203/31, wa..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....eard Mr. Md. Aftab Hossain the learned Advocate-on-Record for the petitioner in both the petitions and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the petitioner's father was a tenant in the premises in respect of 106 square feet at ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ned Counsel for the appellants and Mr. Mahmudul Islam, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the pre-emptor is a co-sharer by inheritance in the case holding and the case is not ......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..Category: Property 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. ......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..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., 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. ......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..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....aintiff only to frustrate the deal and being conscious of such fact he had not taken any ground in the memorandum of appeal and there being other evidence on record with regard to execution of the disputed kabala and theft thereof by the defendant relied on by the lower appellate Court the decis......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....the aforesaid fact while examining the question of limitation it was observed "the transfer in question, was compulsorily registerable and that being the position it cannot be doubted that the disputed transfer was not complete until registration was effected. It follows, therefore, that th......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..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....e possession of the house in question to the writ petitioner. 5. Leave was granted to consider the submissions that the Court of Settlement having found upon evidence that the owner of the disputed house Sk. Shamsuddin was not traceable after the war of liberation and there was no eviden......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
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. ......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 ..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. ......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..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....ouse could be expected to witness the occurrence. PWs 2, 3 and 4 corroborating PW 1 in recognising and identifying the assailants Yogeshwar and Subhash Gope cannot be said to be improbable. It is not disputed both the appellants and the informant were closely known to each other from long before. Wh...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
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. ...... 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..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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....ellants and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 7. It is not disputed that the respondent while working as Thana/Upazilla Planning Officer, Bamna Upazilla, Dist......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..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ty of cigarette cartoons numbering one and a half (1.5) lac together with certain other undeclared prohibited goods. High Court Division has undoubted exceeded its jurisdiction in deciding certain disputed questions of fact in exercise of its jurisdiction in certiorari. 15. In view of th......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..Category: Business or Commercial Law | Date: | Hits: 96
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