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Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....e provision of Article 147(3) is mandatory in nature and hence the bar created by sub-Article (3) of Article 147 against holding the office, post or position of the Printer. Publisher and Editor is total and absolute meaning that the bar is permanent and is not temporary in nature so long Mr. An......f of the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharges the functions as editor in-charge during the period of absence of the editor Mr. Anwar Hossain. This letter dated 04-2-1997 is impugned as Annexure-E to ......dmittedly pending involving adjudication of the same points as in these three writ petitions, Rules were liable to be discharged as being not maintainable and the petitioners cannot invoke both the jurisdictions for the same relief. He further submits that Rule in Writ Petition No. 2746 of 1997 ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....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. ......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. ...... rule if the defects mentioned therein are apparent on the face of the plaint. It is true that the grounds set forth in the rule for rejection of the plaint are not exhaustive and the Court has jurisdiction, in proper cases, to reject the plaint on grounds other than those in rule 11. But be..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......the Consolidated Fund for payment of decretal amount against the Republic; the executing Court erred in law in entertaining the application of the decree holder under Order XXI, rule 56, CPC in the absence of any specific provision made in the Appropriation Act of the relevant year for payment o...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... 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. ...... 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. ...... judgment and order of the trial Court allowed the prayer for preemption. 7. The Pre-emptee as against the judgment of the lower appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. The High Court Division, on consideration of the ev..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... 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. ....... 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. ......re-emptor cannot seek preemption in respect of the transfer that took place on November 21, 1991 in favour of the pre-emptees. 6. The pre-emptor moved the High Court Division in revisional jurisdiction as against the judgment and order of the appellate Court and obtained Rule. The High C..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......utiny and consideration of the evidence of PW 2 found him an unreliable witness on the question of possession of the plaintiff-respondent Nos. 1-4 in the land in suit the High Court Division in the absence of arriving at a finding that the consideration of the evidence as made by the last Court ......e nor possession in the land in suit and thereupon dismissed the suit upon setting aside the judgment and decree of the trial Court. The plaintiffs then moved the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division upon making the findings tha..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....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. ......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. ......udge (now Joint District Judge) and Artha Rin Adalat, Court No.2, Dhaka. The case was later transferred to the learned District Judge, Dhaka by order dated 10-8-1998 as, the Artha Rin Adalat has no jurisdiction to try the case and on transfer the case was registered as Miscellaneous Case No. 668 ..Category: Civil Law | Date: | Hits: 95
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......id reported decision it was further held that the pre-emptee opposite parties having not raised the issue as to non-joinder in their objection, they cannot take advantage of any disclosure of such absence of any co-sharer at the trial and the trial Court as well was not required under the law to......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ng/casting doubt about the flag of the Supreme Court and the Judge concerned carrying the Hag on his car, and even going upto the extent of audacity of asking the name of the Judge, demonstrated a total indifference and sought to humiliate the authority, dignity and prestige of the Supreme Court......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. ......tted to administer justice impartially and without fear or favour and also as a symbol of supreme authority, dignity and prestige, not only exercising judicial powers in its original and appellate jurisdictions but also exercising its judicial review of the administrative action of the authoriti..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... appellant bank did not pay him the proceeds of the above FDR and so he is entitled to get from the appellant Bank Taka 3-45-000 against the principal amount and Taka 7,66,637 against interest, in total Taka 11,11,637 and the above suit is still pending for hearing; in the writ petition, the res...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......nd the balance amount of Taka 13,03,758 became due as interest and compensation; so unless and until the remedy sought in the above suit is exhausted the petitioner was not entitled to invoke writ jurisdiction; since the disputes involved are questions of fact the writ petition is not maintainab..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., 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. ......, 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. ......y the learned Counsel appearing for the appellant. 13. Taking clue from the decision, Mr. Karim submits that under section 9 of the Code of Civil Procedure the Civil Courts will have jurisdiction to try all suits of civil nature excepting suits of which their cognisance is either ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....ted to granting full relief as regard which the writ petitioners have no right to claim in the writ petition and consequent thereupon were not entitled to the writ of mandamus. 8. The sum total of the contention of the learned Counsel of the appellants is that the High Court Division wh......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......td. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a person who has not claimed titl..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......that he would execute the kabala after obtaining Income Tax Clearance Certificate, that no 'panchayat' was held in the month of Sraban, 1374 BS, that on 9th Bhadra, 1374 BS he and his nephew in the absence of the plaintiff did not take away the kabala and the other papers from his house, that as ......dence, affecting the merit of the decision of the case, the same could not be interfered with under section 100 of the Code of Civil Procedure and, as such, the High Court Division acted beyond the jurisdiction in allowing the appeal by setting aside the decision of the lower appellate Court taki..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......f the Miscellaneous case, the prayer for pre-emption is not sustainable in law. 7. The pre-emptor moved the High Court Division as against the judgment of the appellate Court in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding t..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... the war of liberation and there was no evidence of his being in possession of the house till 12-6-1974, as alleged, rendering the house in question as an abandoned building the High Court Division totally misdirected itself in interfering with the judgment and order of the Court of Settlement w......d that the original lease deed in favour of Sk. Shamsuddin has been produced by the respondent No. 1. The said fact does not in itself prove that respondent No.1 is the son of Sk. Shamsuddin in the absence of any cogent and reliable evidence on the point. 11. It further appears that the ......gment and order of the Court of Settlement without finding that the aforesaid conclusions were without any basis and the further submission that the High Court Division upon a misconception of its jurisdiction under Article 102 of the Constitution wrongly interfered with the judgment and order o..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......thing which it omitted to express. Lord Mercy held in Thompson vs Goold & Co (1910) AC 409, that: "It is a wrong thing to read into an Act of Parliament words which are not there and in the absence of necessity it is a wrong thing to do." 42. The High Court Division with reference to ......g that the Ministry of Information only issues no-objection for Broadcasting. The question of permission for importation of apparatus and issuing of licence for allocation of frequency are within the jurisdiction of the BTR Commission under the provisions of the Bangladesh Telecommunication Act, 2..Category: Information Technology Law | Date: | Hits: 266
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. ......f PW 1, so the inmates of the house are the natural witnesses………(15) Direct evidence of recognising the assailant in stabbing the deceased victim cannot be discarded or discredited only for absence of blood at the place of occurrence. There may be various reasons for not finding blood on t...... 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. ..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... Nos. 1-3 by filing written statement contending, inter alia, that the Government acquired 12.57 acres of land in land acquisition Case No. 32 of 1956-57 and 60 of 1958-59 out of the aforesaid total land for the purpose of Central Storage Depot of the food department and the same was correct......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. ......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
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....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. ......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. ......e High Court Division. The High Court Division while issuing Rule passed the impugned order. 4. Leave was granted to consider the submission that the High Court Division in exercise of its jurisdiction under section 498 of the Code of Criminal Procedure has transgressed its limit in deal..Category: Criminal Law | Date: | Hits: 57
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: ...... The Administrative Tribunal Act, 1981 (VII of 1981), section 6(3). In view of the provisions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the jurisdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal fr..Category: Administrative Law | Date: | Hits: 112
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