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Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....dvocate, instructed by Md. Feroz Shah, Advocate-on-Record—For Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 113 and 114 of 2003. (From the judgment and order dated 20-7-2002 passed by the High Court Division in Civil Revision Nos. 198 and 199 of 1998). J......re property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which for failure to pay rent became a habitual defaulter. The plaintiff-respondent issued a notice under section 106 of the Transfer of Property Act on 25-11-1979 upon the defendant-respondent......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 of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior A..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ructed by Sufia Khatun, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-22. Civil Appeal No. 244 of 2001. (From the judgment and order dated 19-11-1999 passed by the High Court Division in Civil Revision No. 559 of 1997). Jud......ery much applicable in a suit for partition in the same way as in other classes of suits, and a party is precluded from taking at a late stage an objection as to defect of party of which sufficient notice has not been given to the other side, even in a suit for partition. It was held that a proce......to the pre-emptor during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness &he..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....Criminal Appeal No. 16 of 2004). Sajjadid Hoq, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 12 and 16 of 2004. (From the judgment dated 28th January 2004 passed by the High Court Division in Criminal Miscellaneous suo moto Rule N......everence and the Judicial eminence of this Court shall stand infernally waned, throwing the interest of the nation and the people to catastrophic consequences. The office is directed to serve this notice straightaway on (1) the Inspector General of Police, (2) the Deputy Commissioner, Traffic, D......impugned sentence…………………..(23) The contemner though tendered unconditional apology but they did not promise that they would never repeat the forbidden act. It was devoid of remorse as well. The contemners by casting doubt about the flag of ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul Hague (in person)—For the Respondents. Civil Appeal No. 323 of 2002. (From the judgment and order dated 9th January 2001 passed by the High Court Division in Writ Petition No. 5543 of 2000). ......ow cause as to why the said Bank should not be directed to pay an amount due to fixed deposit receipt hearing FDR No. 0003552/2344 dated 27-8-87. From the record it is found that the notice of the Rule was served upon the respondent on 9-12-2000 but the respondent did not appear t......strict Judge, Dhaka under the provisions of Order XXXVII rule 2 of the Code of Civil Procedure respondent no. 1 brought the Writ Petition on the same subject-matter suppressing the pendency of the former suit. Such suppression disentitles respondent no. 1 to claim any relief in the Writ Jurisdic..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
.... therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with similar prayers. Both the petitions being heard by the High Court Division have been disposed of by the judgment and order dated 4-1 -2006 giving some findings and observations. 5. Being aggrieved the Election Comm...... 26. In view of the statement that he had no role to play in the filing of application dated 5-2-2006 nor he desired to annex his letter with the application dated 5-2-2006 to bring it to the notice of the Court which was marked by him as secret nor he was aware of the constitution of the B...... 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 public at large. Before making such submission in writing the learned Counsel ought to have taken more care and cauti..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....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………..(21 & 23) Section 14 A of the (Emergency) Req......t there was no mention of purpose of acquiring the property thereby the property being not acquired for any public purpose the acquisition was invalid. 14. He further submits that no notice being served upon the owner of the property nor any compensation being paid the acquisition ...... 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 is too late for the Plaintiff to cl..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....r Respondent No. 1 (b). Ahsanullah Patwary, Advocate-on-Record—For Respondent Nos. 1(a) & 1(c), 1(g). Civil Appeal No. 577 of 2001. (From the Judgment and Order dated April 6, 1997 passed by the High Court Division in Second Appeal No.713of 1970). Judg......y at the time of hearing of this appeal. Be that as it may, findings of criminal Court cannot be considered by the civil Court save and except the factum of conviction and sentence. I have already noticed that the trial Court on consideration of the evidence on record disbelieved the plaintiff's...... decree dated August 25, 1969 of the Court of Munsif (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the 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 aver..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... 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 competent or entit......the instrument of transfer as per section 60 of the 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 f.......(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 competent or entitled to seek preemption…&hel..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....dent No. 2 (Civil Appeal Nos. 387 of 2003). Not represented—Respondent Nos. 1-9 (Civil Appeal No. 384 of 2003). Civil Appeal Nos. 383-384 with 385-387 of 2003. (From the judgment and order dated 28th August 2003 passed by the High Court Division in Writ Petition Nos. 4196 of 2003). Jud......nd, at times, are also entrusted to perform their obligations and the power of doing also includes exercising discretion of not doing. But the duty/discretion cannot be so performed as to attract the notice of the Court i.e. negligently, rashly or in any other mode as to render the action resulting ......ing "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 provided in the Act and no separate licence from the Ministry o..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....; For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. Civil Appeal No. 15 of 1998. (From the judgment and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). J...... Joytennessa and others 13 DLR 287, Sattar J held that the right of pre-emption is not absolute and is subject to any agreement for reconveyance and if the right of pre-emption is enforced with notice of the agreement for reconveyance the pre-emptor will take the property subject to the agre...... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951). President’s Order No. 88 of 1972, Section 95(4)(5) & 95A Re-conveyance was made during pendency of the case for preemption claiming that the transaction was not an out and out sale but a sale with condition ..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....-Record—For Respondent No. 4. Not represented—For Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 1099 of 2005. (From the judgment and order dated 25th July 2005 passed by the High Court Division in Writ Petition No. 480 of 2003). J......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. ......es not save a defaulter loanee from the mischief of the contemplated disability. If rescheduling would save a loanee from being a defaulter, the legislature would have certainly made the provision for it in the section itself……………..(6) Cases Referred To:..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....ted by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Dispensed with—Respondent Nos. 2 & 3. Civil Appeal No. 70 of 2003. (From the judgment and order dated 7-12-1998 passed by the High Court Division in Civil Revision No. 2170 of 1998). Judg......t being added as defendant No. 4 on 24-11-1996 the suit itself was decreed on 22-1-1997 without allowing the added defendant, that is the appellant, two month's time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaintiff-respondent and, as such,......tten 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……..…&he..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001). ......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. ......: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....hidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Case No.4......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. ......d 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…&hellip..Category: Criminal Law | Date: | Hits: 57
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003). ......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. ...... the Service Regulations of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was no requirement of Engineering Degree for promotion to the post of Superintendent Engineer but the new requirement of such Degree has be..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (From the judgment and order dated 22-3-1999 passed by the High Court Division in Appeal No.6 of 1996). Judgment ......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 show cause notice upon him and thereafter dismissed him from service. The contention of the respondent is that......no legal authority or jurisdiction to modify the penalty of the respondent from dismissal of service to the reduction in rank. 6. We have heard Mr. Amir Hossain, learned Advocate-on-Record for the appellants and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent and pe..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....cted by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judgment and order dated 10th June 1998 passed by the High Court Division in Writ Petition No. 1515 of 1988). ......g on 24-12-85 at 11-00 AM and the Master and the Chief Officer were sent to hospital for treatment. The customs authority prepared seizure list of the seized vessel and the cargoes. Thereafter, a notice was served upon the said Captain and the Chief Officer of MV Alba by the Collector of Custom......ng in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against the smuggled goods. This case being under section 156 of the Customs Act for bringing smuggled goods inside the country. Section 156 of the Customs Act is directed against ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....n, Advocate-on-Record—For the Petitioner. Respondents—Not Represented.(In both the Petitions) Civil Petition for Leave to Appeal Nos. 126 and 127 of 2000. (From the judgment and order dated 12-7-1998 passed by the High Court Division in Writ Petition No. 428 of 1989 along with other ......ent 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 lease-deed. No prior notice having given upon the writ petitioners before cancellation of the registered deed of settleme......ed 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 violation of the terms and conditions o..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-3. Not represented—Respondent Nos. 4-8. Civil Petition for Leave to Appeal No. 57 of 2004 (From the Judgment and Order dated November 5, 2003 passed by the High Court Division in Civil Revision No. 1226 of 2003). Ju......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......ure and character of the property which is the subject-matter of the suit and as to possession of such properties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revis..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-on-Record—For the Respondent. Criminal Appeal No. 67 of 2003. (From the Judgment and Order dated January 25, 2003 passed by the High Court Division in Death Reference No, 51 of 2000 heard al......ant along with his other brothers went to the condemned prisoner's house and found the dead body of the victim on the cot covered by a 'chaddar', that on removing 'chaddar' PW 1 and his companions noticed mark of injuries in the body of the victim, that death was caused to the victim by physical...... 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 Court observed that there is evi..Category: Criminal Law | Date: | Hits: 59
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