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Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....h Court Division after hearing the parties made the rule absolute holding, inter alia, that the learned Attorney General after reading the rule, report of the Supreme Judicial Council and the provisions of Article 96(6) of the Constitution found it difficult to support the impugned order of......r from his office as Additional Judge of the High Court Division. In the writ petition it was stated that the then President of the Supreme Court Bar Association in his address at a meeting of the lawyers alleged that inefficient persons have been elevated to the Bench and one of the Judge viola..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....s reference to his memo-MOL/section-10/DA/44/87(Part-3)-672 dated 10/11/03" 11. The High Court Division proceeded on the premise that the land has been acquired finally as per provision of Section 5(7) of the Emergency Requisition of Property Act, 1948 (the Act). The admitte......of land. 6. The defendant Nos.1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to t..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......th the plot Nos. 1972 and 1963 being homestead plot the application for pre-emption of the respondent claiming to be contiguous owner was not maintainable, such claim being clearly barred under the law. Leave is granted to consider above submissions made by the learned Counsel of the ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......out considering the same most illegally made the rule absolute by giving direction upon the respondents and as such the impugned judgment and order of the High Court Division cannot be sustained in law. Security of Tk. 1, 000/- is to be deposited within one month in Civil Petition No.233 o..Category: Civil Law | Date: | Hits: 97
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......e date of hearing of the Title Suit No.77 of 1965" and that "Learned court below was not legally justified in holding that the said service vide Exhibit A was a good service according to law and that defendant No.2 had knowledge about the date of the said suit. The High Court Division ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
....on behalf of the petitioner and, in such view of the matter, we do not find that the trial Court committed any illegality in proceeding with the case in the absence of the petitioner following the provision of section 27(6A) of the Special Powers Act, 1974. There being no ground for interference...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......Petition No. 2580 of 1996 arose out of a Rule issued calling upon the respondent to show cause as to why the impugned order dated 3rd of July, 1996 should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....ulters in the payment of rent. 6. Leave was granted to consider the contention that the High Court Division was in error while discharging the Rule in not considering the mandatory provision of Order I, rule 12(2) of the Code of Civil Procedure since there was no authority in wri......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......essed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid unlawful allotment, the writ petitioners were constrained to move the High Court Division in the writ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....nd that those strangers having been accepted by the cosharers but plaintiff who is a stranger having not been accepted by the other cosharers, particularly defendant No.1. Plaintiff because of the provision of section 4 of the Partition Act cannot be allowed to come on the land forcibly purchase......No. 366 i.e. the plot in suit, that as the strangers are already in possession of the land of plot in suit, the claim of the appellant that the suit plot is an undivided homestead is not tenable in law, that defendant dispossessed the plaintiff is a more or less admitted fact, that the suit plot ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....03 after condoning the delay contending, inter alia, that he is a shareholder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23-3-2002; as per provision of law and its Articles of Association the company convened its 20th Annual General Meeti......oning the delay contending, inter alia, that he is a shareholder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23-3-2002; as per provision of law and its Articles of Association the company convened its 20th Annual General Meeting on 28-4-20..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....tely narrated the facts and circumstances  and  thereupon  arrived  at  his conclusion dismissing all the petitions. 3. Having regard to the facts and circumstances of the case, the provisions of Article 31 of the Constitution, in my view, cannot be applied because of the fact that......es of the case, the provisions of Article 31 of the Constitution, in my view, cannot be applied because of the fact that the convicts were tried by a competent Court of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisd..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
.... be supplied, relates to the works Groups A,B,C and D of Open Stock Yard and also the Overhead Tank and in Exhibits 3, 3(ka), 3(kha) and 3(Gha) under the heading "Interpretation Claims" the following provisions were incorporaÂted— "Schedule showing (approximately) materials to be supplied ......etition by this Court. The discussions and findings were based on material evidence on record and the learned Advocate for the appellant in fact failed to point out any material irregularities or flaws or illegality in the findings of the trial Court. After discussing the material evidence on re..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....etitioner as the defendant contested the suits filing written statement and the suits were decreed on 26-2-2000 and 28-10-1999 respectively under section 7 of the Artha Rin Adalat Act, 1990, there is provision for preferring appeal against the judgment of Artha Rin Adalat under section 7 of the Ain ...... to the rescue and that BADC appears to have been burdened with the judgment and decree for no fault of its own and so, according to the learned Counsel, the High Court Division committed an error of law is dismissing the Rules. 10. He further submits that the Artha Rin Adalat and the High Court ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......ts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public servant in a departmental proceeding which is also governed by law. Before that, it is to be determined whether a fresh departmental proceeding is at all barred af..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
.... and involve small manufacturers in the development of shoe business and to offer to the customers good quality footwears of given specifications. 3. The respondent's case is that according to the provisions of Notification No. SRO-225-L/83/94-Excise dated 30.6.83 the Ministry of Finance and Plan...... deposited on 31st July, 1985 a sum of Tk.24,66,088/45 paisa as outstanding dues and accepted the legal position as enunciated by the Board of Revenue without challenging the same before any Court of law; and by applying its trade mark on articles produced by other manufacturers the company abused i..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ee. The informant party resisted them as a result of which the accused persons could not take away the coconut tree and on the date of occurrence the accused persons along with others by forming an unlawful assembly came to the house of the informant to take away the coconut tree. The informant, his..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... 637 it is stated that "Waiver is the abandonment of a right, and is either express or implied from conduct. A person who is entitled to the benefit of a stipulation in a contract or of a statuÂtory provision may waive it, and allow the contract or transaction to proceed as though the stipulation o......istration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the conÂtract of sale can not debar a pre-emptor from pre-empting after the transfer had become effective under law. The question of waiver of the right would arise only after the registration of the kaÂbala. Th..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... in the order of conviction based on the confession alone and accordingly, the appeals were dismissed. 6. Leave was granted to consider whether the conviction of the appellants was well-founded in law in the absence of any other evidence whatever except their alleged confessions which were subjec..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....gh put into possession of the quarter, got no right to transfer it till the full payment is made. This condition is found lo have been violated. It is true that the Lease-deed not contain any express provision prohibiting transfer, but the object and meaning of Clause (7) unerringly is that the righ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
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