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Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....ully consider the nature of defect of the plaint and if such defects are found curable, the plaintiff should be allowed to amend the plaint in course of due procedure and, in case of failure to do so, the Court has to proceed to decide the suit forthwith and to dismiss it under Order XVII, rule ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......eous view of removal of defect in the suit, inasmuch as even the amended suit was incompetent and thus the High Court Division erred in refusing leave to admit the revision on the untenable plea of trial Court's competency to decide on the nature and character of the suit. 6. On perusal......azlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment February 5, 2005. The Speci..Category: Civil Law | Date: | Hits: 91
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....nbsp;Md. Ruhul Amin J.- The appeal by leave has been filed against the judgment dated July 23, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4097 of 1996 making the Rule absolute obtained against the judgment and order dated September 30, 1996 of the Court of Additional ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......e the transferee had reconveyed the land and, as such, Miscellaneous case has become infructuous, that the Miscellaneous case was barred by limitation and bad for defect of parties. 4. The trial Court dismissed the Miscellaneous case on the findings that the same is not barred by limitat......hul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....ase was filed under section 96 of the State Acquisition and Tenancy Act, 1950 seeking preemption of 57 decimals of land as co-sharer of the holding by purchase and contiguous land owner of the land sought to be preempted. 3. The case of the pre-emptor, inter alia, was that the case land ....... 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. ......on August 11, 1992, that the pre-emptees are co-sharers of the holding in question by inheritance, by purchase as well as they are contiguous land owners of the holding in question. 5. The trial Court allowed the prayer for preemption on the finding that the pre-emptees were neither co-s...... Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....p; Md. Ruhul Amin J.- This is defendants' appeal by leave against the judgment dated July 31, 2000 of a Single Bench of the High Court Division in Civil Revision No. 356 of 1990 making the Rule absolute upon setting aside the judgment and decree dated October 9, 1989 of the Court of District Ju...... 1978 was decreed in presence of the Government in respect of the land of plot No. 203/31, the Government had no right to lease out the land in suit to the plaintiffs, that the plaintiffs have not called for the record to show that their father was the proponent for plot No. 203/31, that the pla......1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitio......st of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... petitioner Bangladesh Shilpa Rin Sangstha seeks leave to appeal against the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000 making the Rule absolute. 2. Bangladesh Shilpa Rin Sangstha, in short, BSRS filed Miscellaneous Case No. 143......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......andatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law…………………&hellip......ed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Monowara Begum and others.......................................Respondents Judgment May 2, 2006. ..Category: Civil Law | Date: | Hits: 95
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....alised as per provision of President's Order No. 127 of 1972. Thereafter, the Government decided to disinvest the entire property of Messrs Golden Bengal Tobacco Limited and accordingly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The pla......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......the meantime, the dealership licence was cancelled and accordingly, the petitioner filed Other Suit No. 147 of 1992 against the Padma Oil Company Limited, which was dismissed on 7-3-1993. 10. The trial Court dismissed Other Suit No. 115 of 1993 on 27-7-1994 and the petitioner preferred Other App...... 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction o..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....sition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply the names of the persons whose names he put to the pre-emptor during cross-examination in reply to the interrogatory se......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ferred Miscellaneous Appeal No. 70 of 1995 before the learned District Judge, Gaibandha. The learned Subordinate Judge (now Joint District Judge), Gaibandha who heard the appeal concurred with the trial Court that the pre-emptor is a co-sharer, the case is not barred by limitation and that the p...... Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....n 2 'Apology' is an act of contrition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is devoid of remorse. The Court finds no reason to differ with the findings of the High Court Division regarding acceptance of the unqualified ......is a product of afterthought and cannot be accepted. 14. From the record of the Rule we also find that initially the appellant Inspector General of Police contested the Rule with certain uncalled for and objectionable remarks regarding the Supreme Court flag designed for undermining the......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..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
.... Contempt of Court Statement of para 3 of the impugned Petition filed on 5-02-2006 in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of pub......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. ......hat every Judge, specially of a Superior Court, is capable of dealing fairly with all cases and under all circumstances. No attack, nor any application, can be made on his competence to hold a fair trial and even any plea of truth of such attack or application aggravates the situation and no app...... 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..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....ion 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994&helli......, 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. ......h other properties was acquired by the Government and the acquisition was notified in the official Gazette and the plaintiff has no title and possession in the suit property. 4. The trial Court decreed the suit by judgment and decree dated 30-11-1997. The defendant-appellant ......in CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Rajdhani Unnayan Kartripakha......................Appellant Vs. Abdul Jakir and others........................Respondents Judgment April 6, 2006. ..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the averments, inter alia, that the defendant sold the land described in the schedule attached to the plaint on 15th Kartik, 1372 BS correspondin......the Income Tax Clearance Certificate and register the kabala and that specified period for getting the executed kabala registered having had lapsed, he (plaintiff) in the middle of Sraban, 1374 BS called a 'panchayat' and there defendant promised to execute a new kabala and to register the same ......but he turned down the said request and because of that plaintiff has filed the suit in collusion with Abdul Hashim, Ayazullah, Sarafat Ali and others upon making untrue statements. 5. The trial Court on consideration of the materials on record held that the suit is maintainable, that it......esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... only such co-sharer(s) is competent or entitled to seek preemption………(27) One who has acquired co-sharership subsequent to the date of presentation of the deed of sale sought to be preempted is not entitled to oppose preemption contending that he has become co-sharer...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......death of her husband Babor Ali as she has become the co-sharer of the holding land of which sought to be preempted and, as such, the prayer for pre-emption is liable to be rejected. 5. The trial Court dismissed the Miscellaneous case on the finding that the pre-emptee is a co-sharer in t......7) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh TelecommunicaÂtion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....lear 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 section 3 of the Act and the BTRC is the sole and exclusive authority to grant such license necessary for the purpose in the manner as prov...... 9. Both the learned Attorney-General and the learned Counsel further submitted that the High Court Division miserably failed to distinguish between grant of licence and allocation of frequency which called for separate applications and there being no application or prayer for grant of licence to es......itioner did not submit any application as alleged by him in its office on 29-5-2003 or at any time thereafter praying for allocating frequencies to broadcast its programme through satellite and terrestrial channel. It has further been stated that as no application was filed praying for licence or fo...... 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..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....defeating the right of pre-emption of the pre-emptors and that in arriving at the said findings the trial Court believed the evidence of PWs. and disbelieved the evidence of OPWs. upon assigning reasons therefor, but the lower appellate Court without reversing those findings of the trial Court an......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. ......essfully moved the High Court Division and thereafter moved this Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is...... 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...Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... 3 The relationship of an witness is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taking place at 3 am in the house of PW 1, so the inmates of the house are the natural witnesses………(15) Direct evidence of recognisin......pe, son of Jayanta Gope, was sleeping in his house on the 8th Baishak 1404 at about 3-00 AM while the accused petitioner along with other accused went to his house, and then the petitioner and others called him and then the inmates viz Susanta (since deceased), his father Jayanta Gope, mother Shandh......Hobigonj PS Case No. 29 dated 22-4-1997 was started against the petitioner and others and the police after investigation submitted charge-sheet on 29-10-1997. 3. The case thereupon being sent for trial, the learned Sessions Judge framed charge against the accused petitioner and others under sect......f occurrence. There may be various reasons for not finding blood on the place of occurrence. Similarly failure of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawyers Inv..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..……(13 & ......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. ......o submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit…….......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.........Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....n 498 (wrongly written as 496) of the Code of Criminal Procedure. The High Court Division issued Rule to show cause as to why the respondent shall not be enlarged on bail and ad interim bail was also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......ld are subject matter of offences alleged to have been committed by the respondent and if the seized goods are released on an application under section 498 of the Code of Criminal Procedure before trial, there remains nothing to be tried by the trial Court. He then submitted that in an appropria......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..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....e, 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 proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, ......thusiastic, verbally directed that appointment of a consultant be made from the proposal received. Thereafter, it was decided that Consociates Ltd be appointed for the project. As such, no tender was called for appointing the consultant. That on inspection of the said Ministry's file No. PT. Shaka-5...... constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. This refers to a case at a trial stage and thereafter. 5. The High Court Division was moved with an application under secti......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€..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
.... of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable and manifestly wrong but it is also manifestly perverse. Unless such a finding can be made o......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......and then lodged first information report with the local police station. Police investigated the case and submitted charge-sheet against the two accused-respondents and others. The case being sent for trial the learned Sessions Judge examined 17 witnesses and thereafter by judgment and order dated 28......e Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J State................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 67
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....r Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. ......solute in excess of its jurisdiction under writ of certiorari and accordingly, the impugned judgment is not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..........................Category: Business or Commercial Law | Date: | Hits: 96
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