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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. ......Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for ....... 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. ......urchase. Prayer for pre-emption is not maintainable……………(13) Case Referred to- Md Abbas Ali vs Md Osman Ali (Minor) and others 37 DLR 324. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. ..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. ......08), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing o......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. ...... to appeal before the Appellate Division is an unnecessary exercise which has caused the petitioner long three years. This is highly deprecated. …………….(12) Lawyers Involved: Abdul Malek, Advocate instructed by Md. Nawab Ali, Advocate-on-Record&mda..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. ......he mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law…………………&he......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. ...... without complying with the provisions of law. The case is set back for trial rightly in accordance with law……………………(10, 11 & 12) Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by ASM Khalequzzaman, Advo..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), Article 10 Tenancy right of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissed……..(9 & 10) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record for the petitioners (In both t..Category: Tenancy Law | Date: | Hits: 67
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. ......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......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... = 35 DLR 79; Akhtarun Nessa and another vs. Habibullah and others 31 DLR (AD) 88; Abdus Samad vs. Md Sohrab All 33 DLR (AD) 113; Motilal Sikder vs. Benodini Dasi 28 DLR (AD) 5; 14 DLR 847. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....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. ......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 ......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. ......LR (AD) 15; Aziza Khatun vs. State 19 DLR 354; LD Jaikwal vs. State of UP AIR 1984 (SC) 1374; Abdul Karim Sarker vs. State, 38 DLR (AD) 188; Asharam M Jain vs. AT Gupta, AIR 1983(SC) 1151. Lawyers involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mainul Hosein, Senior Advo..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... 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. ......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...... 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. ......in the Writ Jurisdiction as there could be conflicting decisions. Moreover the order passed by the High Court Division being not a speaking order, it cannot be sustained…..(8) Lawyers Involved: MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... 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......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......ore circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to him for the future………..(28) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabi..Category: Election Law | Date: | Hits: 108
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. ...... 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......, 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. ......lvi Mainuddin 39 DLR (AD) 1; Mian Muhammad Latif vs. Province of West Pakistan, PLD 1970 SC 180; Al-Haj Abul Basher being dead his heirs Hosne Ara Begum vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by AKM Shahidul Huq..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....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. ......ant, Agrani Bank, and, as such, they are not defaulter borrowers, that the claim of the Bank to the extent to Taka 8,19,63,687.70 is false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation,......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. ....... Race Shipping and Transport Co Pvt. Ltd and another, AIR 1995 SC 1368; Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and others, AIR 1985 SC 330. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain. Advoc..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. ...... 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......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. ......s on record and not based on proper evidence, the High Court Division was in error in setting aside the judgment of the Lower Appellate Court decreeing the suit……….(14) Lawyers Involved: Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-o..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. .......(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...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......ers 32 DLR (AD) 54; Dukhiram Mondal vs. Aminuddin Molla and others 14 DLR 168; Abdul Baten vs. Abdul Latif Sheikh and others 45 DLR (AD) 26; Noab Mian Bhuiyan vs. Golam Hossain 13 DLR 889. Lawyers Involved: AH Amin, Advocate-on-Record—For the Appellants. Nazibar ..Category: Property Law | Date: | Hits: 55
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. ......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......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. ......dhury J Bangladesh Telecommunication Regulatory Commission........................Appellant vs Ekushey Television Ltd..........................Respondent Judgment July 19th, 2005 Lawyers Involved: Fida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... 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 ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......WN 253; Biswaswar Roy vs Joytennessa and others 13 DLR 287; Sital Chandra Kole and others vs Mohilal Kole and others 58 CWN 1000; Mozaffar Ahmed Bepari vs Duar Ali and others 1 BLC (AD) 25. Lawyers Involved: Chowdhury Md. Jahangir, Advocate-on-Record— For the Appellants. ..Category: Property Law | Date: | Hits: 71
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. ......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:......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. ......Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam vs. Mujibul Huq 41 DLR (AD) 68; Mostafa Hossain vs. SM Faruque 40 DLR (AD) 10; Sheikh Abdus Sabur vs. Returning Officer 41 DLR (AD) 30. Lawyers Involved: Anisul Huq, Advocate, instructed by Sufia Khatun, Advocate-on-Record&md..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....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. ......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......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. ......rest 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……..……(13 & 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shah..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. ......: 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 ......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. ......y of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, ..Category: Property Law | Date: | Hits: 72
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: ......t in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable a......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: ......lso manifestly perverse. Unless such a finding can be made on the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Depu..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. ...... 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......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. ......rogation of his interest, which is not permissible. Such finding of the High Court Division has been confirmed and the Appeal is dismissed…………..(8 & 10) Lawyers Involved: MA Sobhan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 66
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. ......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 ...... 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. ......ch, acquittal and conviction under one Act will not automatically operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate wi..Category: Business or Commercial Law | Date: | Hits: 96
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