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Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....tending, inter alia, that the aforesaid house was allotted by the Government to his father Sk. Shamsuddin by registered lease deed 11-2-63 for 99 years. The lessee Sk. Shamsuddin was inducted into possession of the house and had been living there with other members of his family including the wr......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......he Court of Settlement in case No. 869 of 1987 is restored. Ed. ......provisions of Ordinance No. 54 of 1985. The writ petitioner then filed an application under section 7 of the said Ordinance before the 1st Court of Settlement praying for exclusion of the house in question from the 'Ka' list of the abandoned buildings and it was registered as Case No. 869 of 198..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....in (Bangladesh)." 18. The Act is thus designed to amend the law relating to telegraph in Bangladesh. The Preamble of the Wireless Telegraphy Act, 1933 is as under: “An Act to regulate the possession of wireless telegraphy apparatus; whereas it is expedient to regulate the possession ......le of Bangladesh and also to the following: (a) any vehicle, vessel, aircraft or satellite; (b) any platform, rig or other structure that is flexed in the sea or attached to the submarine land: Provided that if Bangladesh is a party to an international treaty, or an arrangement of s......gment and orders of the High Court Division are hereby set aside. Ed. ......its clear meaning is not specifically made applicable to any matter relating to any broadcasting, radio broadcasting station, television broadcasting station or licensing of such station but when the question of allocation of frequency for such radio station or television station or broadcasting app..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 years and in that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shal......the re-conveyance, the transaction cannot be said to be colourable transaction to defeat the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete u......appeal is dismissed without any order as to costs. Ed. ......t 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 a sale deed and the alleged agreement of reconveyance is a colourabl..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... that the High Court Division considering the facts and circumstances and evidence on record observed: "The death of Susanta is not denied nor is it denied Susanta died from such injury. Now, the question is, whether the prosecution could have proved its case against the condemned and convict ap..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....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. ......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. ......e for the petitioner. The petition is dismissed Ed. ......mission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of rescheduling of loan by a defaulter by the Bank does not find place in section 7 (2) (g..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....nager, Central Storage Department by its memo dated 16-3-1997 informed the Government Pleader, Narayanganj, that the entire suit land measuring 19.60 acres including suit plots have been under the possession and enjoyment of the Food Department since 1956 and the same was already acquired. ......anganj dated 20-2-1997 in Title Suit No. 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 ......, in default, this appeal shall stand dismissed. Ed. ......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. ..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. ......it 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 acquired and he and other heirs already received compensation from the autho......ere with the decision of the High Court Division. The petition is dismissed. Ed. ......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. ..Category: Property Law | Date: | Hits: 72
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. ......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. ......ind no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ...... allegations in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and, in such a case, no question of weighing and appreciating evidence arises. (e) The allegations made against the accu..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....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: ......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: ......, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......out the enmity between the informant party and the accused respondents and most illegally drew the inference in favour of the defence by inventing doubt because of enmity. He further submits that the question of recognition does not arise because the occurrence took place before a Cinema Hall in the..Category: Criminal Law | Date: | Hits: 67
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. ......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. ......its no consideration. Accordingly, it is dismissed. Ed. ...... a person who was already in the service at that time and since such a specific provision was spelt out in the concerned Service Regulations by which the service of the petitioner was governed, the question of varying his service conditions by a subsequent regulation cannot be made applicable to ..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: ......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: ......out any order as to cost. Ed. This Case is also Reported in: ......on in rank that is the respondent was reduced in rank to the post of Assistant Thana/ Upazilla Family Planning Officer from the post of Upazilla/Thana Family Planning Officer. 10. Now the question is whether the Administrative Appellate Tribunal can modify or vary the judgment and order..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... 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. ...... appeal is allowed without any order as to costs. Ed. ......he appellate authority i.e. Member NBR or even before the Special Tribunal, Chittagong and no such map or papers were also seized by the customs authority. 8. It appears that the vessel in question was detected by the Bangladesh Navy BNS Tamjeed surrounded by several trawlers and on its ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....ions. There was a prohibitory condition against alienation before 15 years. 4. The further case of the Khasru Mia was that the petitioner paid salami vide DCR dated 17-11-1975 and got delivery of possession on 18-11-1975. The land was mutated in his name in RoR khatian No. 454. The petitioner pr...... Habigonj in 1974 for mechanized cultivation. The said Samity was registered under the Co-operative Societies Act, on 21-3-1974 vide Regd. No. 2109; that all the aforesaid 39 members of the Samity as landless peasants filed applications to the Sub-Divisional Officer, Habigonj in their individual cap......find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
.... to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature 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 require......ect of the property described in the 'Kha' schedule of the plaint till filing of the written objection. The order of status quo relates to making construction changing the nature and character of the land in suit and transfer thereof. 2. As against the said order of status quo the defendant-pet......e petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......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. ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......illed the victim for dowry and in the Diary also material Exhibit 1(c), there is no mention of "Joutuk” 43. PW 1, the informant, stated that on 30-10-99 at about 7-3.0 PW 18, the landlord of the house of the condemned appellant, informed him that his sister has been killed and......the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... the legal position and the evidence on record were in error in convicting and sentencing the condemned prisoner. 10. In the course of hearing of the appeal the learned Counsel raised question of jurisdiction of the Adalat to try and convict the condemned prisoner upon submitt..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... 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 possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the ......08 (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 possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule ......atan 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 possession, the plaint......that the plaintiff acquired no title. The Courts below also found that Title Suit No. 123 of 1990 was barred by limitation. 10. The High Court Division did not give any finding on the above questions. The High Court Division, as we have mentioned earlier, made out a third case and decree..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....d Disposal) Order, 1972 (President's Order No. 16 of 1972), article 7 The Abandoned Building (Supplementary Provision) Ordinance, 1985 (LIV of 1985), section 5 Abandoned property in possession of the government could only be included in the ‘Ka’ list of abandoned building in re......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......sp; Md. Hamidul Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respon......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....eaving behind a petition seeking leave for 10 days and then remained on unauthorised absence till 12-12-87 which constituted misconduct and then for keeping unauthorised firearms in his possession as well as for remaining in unauthorised absence charges were brought against the respon......ce about his illness and after recovery he attended office on 15-7-87 and submitted petition for leave supported by medical certificate and then on 26-7-87, receiving the information that following land dispute his wife was attacked and injured by miscreants, he on verbal permission from his offi......nterference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, brother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while co-accused Mokbul Mridha and others forcibly entered into the land of Plot No. 216 with t......that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......ral of Police. 20. In such view of the matter, it clearly shows that in order to remove the two accused petitioners from service sanction of the Government is not required and hence question of application of section 197 of the Code does not arise. 21. The two petitioners, bein..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......oreganj is null and void, illegal and not binding upon the plaintiffs and also for permanent injunction against the petitioner and defendant-respondent Nos. 14-17 stating, inter alia, that the suit land appertaining to Mouza Majlishpur under Police Station Bajitpur, Kishoreganj under Khatian No. ......titioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
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