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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....ng amongst others that the prayer for preemption sought under Section 96 of the State Acquisition and Tenancy Act is not maintainable since the land being within the Chittagong Municipality is non- agricultural land, that the pre-emptors is not a co-sharer of the holding since the jama has been se......g price as mentioned in the kabalas as well as the compensation as provides by the law, but they denied finally on July 3, 1988. The pre-emtees are strangers in the holding and also not co-sharer of the land so transferred. 5. The pre-emptor claimed pre-emption as..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......on of the suit premises to the landlord a tenant cannot claim title and ownership of the suit premises. The trial court below without considering the above legal position passed the impugned judgment holding that there is a dispute in between the parties over the title of the suit premises and on th..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. 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 costs. Ed. ......er of rejection of the appeal was communicated to the respondent on April 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the all..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......ingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committed error in law in holding that the contract was an ordinary commercial one inasmuch as the agreement has given rise to..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......bmits that while the High Court Division itself found that no specific allegation was made in the letter of termination against the writ‑petitioner, the said Division was in serious error in holding termination of appointment of the writ‑petitioner was illegal on the ground that his ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......; Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No. 2982 discharging the Rule holding "the petitioner has no locus standi”. 2. Facts, in short, are Advoc..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......ely its inherent power, that in view of the provision of section 3(2) of the Anti‑Corruption Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual the High Court Division erred in law in holding that cognisance was taken illegally by the Special Judge in the special cases. 7. The le..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......Appeal No. 862 of 2000. 6. The learned Judges of the High Court Division by judgment and order dated 28‑1‑20033 accepted the reference in respect of accused Ershad Sikder upholding his sentence of death and altered sentence of Jamai Farooque and Liaquat Laskar from 302/34..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......e direction to tile parties as stated hereinbefore. 5. Leave was granted to consider the submissions that the High Court Division erred in law in sending the case on remand on a mere technicality holding that the trial Court ought to have compared the signatures as required under section 73 of t..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......es he was placed on suspension and was served with a notice to show cause and he replied to the said notice on 28‑1‑1992 denying the allegations and an enquiry officer was appointed for holding enquiry into the matter who fixed 8‑2‑1992 for enquiry, but the wife of the res..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......in law in summarily rejecting the Writ Petition on a misconstruction and misinterpretation of section 13(1)(d) and the Explanation attached thereto to the Pourashava Ordinance, 1977, and in not holding that provisions of 13(1)(d) read along with the "Explanation" pre‑supposes..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......dition of opposite party in the suit cannot be said to be not necessary. Such addition of a subsequent transferee would not prejudice the plaintiff rather would help him to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.4 would assist the Cour..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ndemned prisoner was at his house when Shafali Begum died, that the informant saw injuries on the person of Shafali Begum after his arrival at the place of occurrence, that the police officer (PW 12) holding inquest also found injuries on the person of the victim, that the medical evidence proved th..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......addressed to six occupants including Jalil Brothers and subsequently, directions were also issued to 39 occupants of the premises to pay rent including outstanding rent to the respondent No. 1 as the holding was released in his favour by memo dated 26‑4‑82; subsequently, the Government through o..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......ection 95 (2) of the State Acquisition and Tenancy Act, 1950 every usufructuary mortgage shall be registered under Registration Act and the word "shall" being mandatory means "must". Transfer of a holding or of portion or a share thereof either by way of an out and out sale with an Agreement of ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......d substance in submission of the learned Assistant Attorney General." 13. In the case of Asiman Begum the Appellate Division observed: "The learned judge of the High Court Division was right in holding the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence under t..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange n..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......ing the accused petitioners from the case. Against this order of the learned Magistrate, the opposite party No.2 informant as petitioner filed a naraji petition which was allowed with a direction for holding judicial enquiry. The learned Magistrate after holding judicial inquiry submitted a report f..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......manager, or other official responsible to the company for conduct of its business shall be deemed as such to be guilty of the offences as the primary offending company or body corporate. But prior to holding any director, manager or other official responsible for an offence and convicted, it is incu..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340