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Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....n in question became past and closed one, the courts below rightly dismissed the suit in holding that the transaction was not alive when P.O. No. 88 of 1972 was promulgated and thus the provision of Section 58 of Transfer of Property Act will not be attracted in this case rather the S......t will not be attracted in this case rather the Section 95(4) and (5) of the State Acquisition and Tenancy Act shall apply. 7. This Court in the impugned judgment reiterated the principle of law enunciated in the case of Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, wherein it wa..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....ch is Tk.377,61,225/- and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a Full Bench in accordance with the provisions of Rule 4 of the chapter VII of the High Court Rules for final decision. Accordingly a Fu......f the Code of Civil Procedure against the order dated 14.05.2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against the ..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....bmits that they have abandoned their claim for terrestrial system and accordingly deposited the amount for satellite system only. He further submits, that subsequently the authority made law making provision for exclusive use of terrestrial system by the BTV only and not by any Private TV channe......atellite station (Earth) and Tk.1,300/- as licence fees for 13 stations (one satellite and twelve terrestrial). By a letter, the JTV also requested the Commission to amend the demand note by fixing lawful charges for four channels which were granted. Thereafter, the JTV received impugned letter ..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ion wrongly misread the ratio decidendi of the decision reported in 44 DLR (AD) 100 and thereby made the Rule absolute. The High Court Division it further appears that on erroÂneous view applied the provision of Article 144 of the Limitation Act although on the admitted position of the case, the su......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..Category: Tenancy Law | Date: | Hits: 141
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
..... 3. With the aforesaid allegation as detailed in the charge sheet, a departmental proceeding was drawn against the petitioner by the Superintendent of Police, Magura on 8-11-1994 under the provision of Regulation 861 of the PRB (Volume-1) and directed to submit his written defence within......d judgment and order dated 26-6-2005 passed by Administrative Appellate Tribunal in Administrative Appellate Tribunal Appeal No. 8 of 1998 is not based on proper and reasonable construction of law as to the status of the appointing Authority in case of the petitioner for training and t..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......ce and, as such, the enlisting of the property belonging to the petitioner as enemy property and treating the same as vested property at present is illegal but the High Court Division erred in law in not considering this vital aspect and, as such, the impugned judgment and order of the High ..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......case and also in view of the principles as enunciated in 6 BLC (AD) 221, 22 DLR (SC) 443, 49 DLR (AD) 26 and having further found that the learned Subordinate Judge/ Artha Rin Adalat acted against law in not decreeing the Suit against respondent No. 1 (the guarantor) who admittedly signed the Le..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....hy;ment concerned within the given time frame. The Government did not take over possession of the case property prior to its inclusion in the 'Ka' list of abandoned buildings in accordance with the provisions of section 5(l)(a) of the Abandoned Buildings (Supplementary Provisions) Ordinance,......n dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is tha..Category: Property Law | Date: | Hits: 23
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....ing that the appellate Court duly found that the plaintiff Bigraha is in possession of the suit land and further, the claim of alleged pattan by the defendants in the city of Barisal is hit by the provision under section 107 of the Transfer of Property Act and so the contesting defendant ac...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ...... plaintiffs from the suit property including the suit market. The trial Court also took notice of few decisions reported in 47 DLR (AD) 6, 20 DLR 501, 35DLR (AD) 42 and followed the proposition of law laid down in those decisions holding "The state of things existed just at the date of inst..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....e was issued to the petitioner to surrender possession of the property in question, that petitioner was surprised to see that the property in question has been listed in the 'Kha' list as per provision of Ordinance No. 54 of 1985 and thereupon he represented to the authority seeking release......rom a private agency In our view, the Court of Settlement was quite correct in not taking the said burial certificate into consideration since the same was not issued by a person authorised by law to issue said kind of certificate. In that state of the matter the contention of the petitioner..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....itle Suit No. 71 of 1999 was filed on 441-1999 and Artha Rin Adalat Ain 2003, hereinafter referred to as Ain 2003, came into force on 10-3-2003 when the instant suit was pending and in view of the provisions of section 60(3) of Ain, 2003, the provisions of sub-sections (2) and (3) of section 12 ......, this Division held that availability of alternative remedy by way of appeal or revision will not stand in the way of invoking writ jurisdiction raising purely question of law or interpretation of statute but the case in hand arose out of an Artha Rin Case and moreover,..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....s Taka 3,77,61,225 and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a Full Bench in accordance with the provisions of Rule 4 of the Chapter VII of the High Court Rules for final decision. Accordingly, a ......Code of Civil Procedure against the order dated 14-5-2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against the..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
.... stating, inter alia, that the land in suit was non-retainable khas land of the Zamindar and that the land in suit with other non-retainable lands of the Zamindar vested with the Government as per provision of section 20(2) of the State Acquisition and Tenancy Act, 1950 and that during S. A. sur...... 12. On our perusal of the judgment of the trial Court, as has already been observed hereinbefore, that the said Court as the initial Court of fact in fact did not discuss the evidence as the law enjoins. 13. The appellate Court while reversing the judgment of the trial Court has rej..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....nd that the contention of the writ-petitioner that the correction so made is illegal and malafide is not correct and the further contention was that writ petitioner's land in fact was acquired as per provision of the law which has ceased to exist because of the enactment of Acquisition and Requisiti......ntion of the writ-petitioner that the correction so made is illegal and malafide is not correct and the further contention was that writ petitioner's land in fact was acquired as per provision of the law which has ceased to exist because of the enactment of Acquisition and Requisition of Immovable P..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....in case of an offence unsuccessfully tried by Court of Sessions Judge upon taking cognizance over the report of the enquiry officer holding an enquiry through a Sub-Inspector of Police in terms of provision of section 202(1) of the Code of Criminal Procedure. The High Court Division also found t......t petition. That would amount to quashing an inquiry proceeding relating a complaint petition, which discloses an offence, exclusively triable by a Court of Sessions. This is not permissible in law. This not being a judicial proceeding pending after cognizance by a competent Magistrate this ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....p;. . . . . . . . . . . . . . . . . . . . . . . . . . . . On perusal of the aforesaid provision of law it appears that in case of trial of an absconding accused no doubt it is necessary......nbsp; . . . . . . . . . . . . . . . . . . . . . . . On perusal of the aforesaid provision of law it appears that in case of trial of an absconding accused no doubt it is necessary to publish a..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....or, Task Force 2, Bureau of Anti-Corruption directing the writ petitioner to submit his wealth statement within 45 days. It appears the aforesaid Memo was issued by the writ Respondent No. 2 as per provision of section 4(1) of the Anti-Corruption Act, 1957. 2. The writ-petitioner is a bus......section 4(1) of the Anti-Corruption Act, 1957. 2. The writ-petitioner is a businessman and pays Income Tax. The legality of the Memo, mentioned hereinbefore was challenged on the ground that law requires that such kind of notice as per provision of section 4(1) of the Anti-Corruption Act, ..Category: Criminal Law | Date: | Hits: 29
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f 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) 171. ......laneous Case was barred by limitation. From the materials on record the learned Advocate-on-record could not point out that the finding so arrived at by the last Court of fact is not sustainable in law or in other words based on mis-reading or non-consideration of the evidence or that finding as..Category: Property Law | Date: | Hits: 21
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