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Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....cable, in the circumstances. It cannot be said that the tenants holding lands contiguous to the lands transferred are not necessary parties as they are persons whose presence is necessary for the proper constitution of the pre-emption application. Order I, rule 9 of the Code does not apply w...... Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ...... Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Responde......coloured jeep which was carrying some police personnel. When asked the reason for Shoaib's said heinous nonfeasance, he did, without showing minimum respect to his Lordship, which he is legally bound to do, he in the most obnoxious manner replied "Amra High Court er potaka salute..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....thin the meaning of Article 102 of the Constitution and was duty bound to pay the proceeds of the FDR to the respondent No. 1 but it having failed the respondent No.1, being denied of the right to property guaranteed under Article 42 of the Constitution, was entitled to invoke writ jurisdiction ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank........................Appellant Vs. Ansarul Hoque and ors................Respondents Judgment April 17, 2004. ...... 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. ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chairman (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Cont...... Islam Moni, MP and was astonished to read the same. The letter (in original) is annexed herewith which will speak for itself. 3. Considering the national importance of the matter, the legal questions in issue in the appeal, especially for maintaining people's confidence in this aug..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....44 of the Ordinance 1992 has closed 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 t......in CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Rajdhani Unnayan Kartripakha......................Appellant Vs. Abdul Jakir and others........................Respondents Judgment April 6, 2006. ......vernment the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the previous owner…….(35) C..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....f Bangladesh, 1972, Article 102(2) The 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 De...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others......to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under Borrower Code No. 10061 (Annexure 'A') shall not be declared to be without lawful authority and of no legal effect and why the respondents shall not be directed to delete the name of the petitioners f..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....igh Court Division while disposing of the second Appeal is confined strictly to questions of law and he is bound to accept the lower Appellate Court’s finding of fact if the same is based on proper evidence……….(11) There is nothing in the judgment of the High Co......esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co......y the defendant relied on by the lower appellate Court the decision by the High Court Division as to correctness of the judgment of the trial Court, brushing aside other evidence on record was not legal and proper and, as such, is not sustainable in law, that the decision of the lower appellate ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....ideration in the case of Saiful Bibi vs Abdul Aziz Khan reported in 133 Indian Cases, 901 (same case has also been reported in AIR 1932 Allahabad, 596) wherein it has been held "A transfer of property in lieu of an existing debt in cash would be a transfer for a price paid so as to bring it......7) 721. ......in lieu thereof, the transfer would be for a price. A transfer, therefore, of immovable property in consideration of a dower-debt which is a heba-bil-ewaz, under the Muhammadan Law, having all the legal incidents of a sale, falls within the purview of section 54, Transfer of Property Act "...Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....at the whereabouts of the allottee, Sk. Shamsuddin, was not known since the War of Liberation and he ceased to occupy, manage and supervise the house in question rendering the same as an abandoned property vested with the government. The government has been in possession of the house through dif...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others............... findings that the respondent No. 1 never applied to the Government for restoration of the property though, according to respondent No. 1 they were dispossessed on 12-6-1974 by one Monir Hossain illegally and the respondent No. 1 also could not produce any documentary evidence like voter list, p..Category: Property Law | Date: | Hits: 77
Bangladesh TelecommunicaÂtion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... may, subject to the Act and regulation, exercise powers that are necessary to perform the functions and duties under section 30, inter alia, subject to payment of fees specified by the Commission in proper cases to issue licence for establishing or operating telecomÂmunication system, or providing...... Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent No. 1 (Civil Appeal Nos. 383, 385-387 of 2003) and Respondent No. 10. (Civil Appeal Nos. 384 of 2003). Not represented—Respondent Nos. 2-5 (Ci......olute declaring that the impugned order and subsequent actions of the writ respondents in not returning back the equipment of the writ petitioner have been done without lawful authority and are of no legal effect and further directing the writ-respondents to return back the seized equipment/machiner..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....g assigned therefor illegally reversed the judgment of the trial Court and that the learned Judge of the High Court Division wrongly upheld the judgment of the lower appellate Court which is not a proper judgment of reversal in accordance with law. The learned Advocate further submits that the l...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others.......ved the evidence of OPWs. upon assigning reasons therefor, but the lower appellate Court without reversing those findings of the trial Court and without traversing the reasoning assigned therefor illegally reversed the judgment of the trial Court and that the learned Judge of the High Court Divi..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... 4 of 1996 decreeing the suit. 2. 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 constructi......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.............l Procedure by the plaintiff-respondent and, as such, there being gross violation of mandatory provision of section 80 of the Code, the trial Court as well as the Court of appeal below committed illegality in not dismissing the suit. 7. In support of the appeal Mr. Abdur Razaque Khan, le..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......on (Civil) Present : Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ........e judgment and order dated 9-2-2002 passed by the High Court Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was a..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
.... there remains nothing to be tried by the trial Court. He then submitted that in an appropriate case an application under section 517 of the Code of Criminal Procedure may be filed before the proper Court for release of the seized articles on conclusion of trial of the case but not before t......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta...... Release of seized articles in a petition under section 498 of Cr.P.C. is not maintainable. Disposal of seized articles 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 arti..Category: Criminal Law | Date: | Hits: 57
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. ......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), 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 proceedingâ€......al proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. (c) Where there is a legal bar against institution or continuance of a criminal case against an accused person. (d) I..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......usain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment March 13, 2005. The Bangladesh Agr......herein giving promotion to the proforma-respondent Nos. 8 and 9 by superseding the writ-petitioner-respondent No. 1 should not be declared to have been issued without lawful authority and is of no legal effect and why the writ-respondent No. 2 should not be directed to consider the case of the w..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....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: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.............Family Planning Officer. Being aggrieved the appellant preferred the leave petition. 5. Leave was granted to consider the submission that the Administrative Appellate Tribunal had no legal authority or jurisdiction to modify the penalty of the respondent from dismissal of service t..Category: Administrative Law | Date: | Hits: 112
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....writ-petitioner-respondents Samity the same ceased to have any activities of the co-operative society and the High Court Division having failed to consider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusa......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......ally without hearing the affected party. 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 violatio..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ed the Adalat had no jurisdiction to try the case and in the background of the said submission the learned Counsel submitted that the case should be sent back to the Court of Sessions which is the proper Court in the facts and circumstance of the case for fresh trial. 11. Prosecutio...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim 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 ......is confessional statement and the said manner of causing death being exactly the same as stated by PW 2, the only eye-witness, the High Court Division and the Adalat upon failing to appreciate the legal position and the evidence on record were in error in convicting and sentencing the condemned ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... Vs. Ratan Chandra 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 posse......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth......d Advocate who appeared on behalf of the plaintiff-respondent, has submitted that the plaintiff was continuously in possession of the suit land and, as such, the High Court Division committed no illegality by declaring title in favour of the plaintiff. However, he has conceded that the High Cour..Category: Property Law | Date: | Hits: 51
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