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Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......ssa alone on 20-10-1956 and thereafter defendant No.1 has exchanged and sold the lands with other defendants and they are in possession thereof for over 12 years and the suit is not maintainable in law in view of the fact that SA Record was prepared long before 6(six) years of filing of the suit..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......tor. Besides, in view of section 110 of the Companies Act, 1994, the prayer for deletion of Article 38 of the Articles of Association is not required, it will be deemed to be so by operation of law. It also appears that there was all along an admission on behalf of the respondent Nos.1 to 3 ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......ication of name of respondent No.3, Mr. Anwar Hossain as printer and publisher on behalf of the petitioner No.2, Ittefaq Group or Publications Ltd. should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999 Rule Nisi ..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. ......n erred in refusing leave to file a revision from the rejection of the revisional application by the learned Additional District Judge because such a suit is misconceived and thus barred under the law. The learned Counsel further submitted that a suit for realisation of money being subject to sp..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 High Court Division and obtained the Rule but the High Court Division, after hearing, discharged the Rule. 3. Leave was granted on the submissions that the High Court Division erred in law in interpreting Articles 84, 85, 88 and 90 of the Constitution, the provisions of Order XXI, r..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. ......urt on due consideration of the evidence held that after reconveyance the original owner is in possession of the land. Since the appellate Court did not discuss the evidence as was required by the law while reversing the judgment of the trial Court the High Court Division scrutinised the evidenc..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. ......as made during the pendency of the Miscellaneous case for pre-emption and, as such, the reconveyance so made cannot defeat the right of pre-emptor to preempt the case land, that the proposition of law as laid down in the case of Md. Abbas Ali vs. Md. Osman Ali (minor) and others reported in 37 D..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. ......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 of the petition for leave to appea..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. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District ..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. ......eld that the tenancy right of the petitioner was accepted and established and the tenancy right having not been terminated the petitioner cannot be evicted from the premises except in accordance with law. The High Court Division further held that the NAM conference to be held in Dhaka was cancelled,..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. ......holding the field in view of the later decision reported in 33 DLR (AD) 113 by which the Appellate Division, in fact, overruled its earlier decision and therefore, the High Court Division erred in law in allowing the prayer for preemption ignoring the special feature of the ins..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. ...... every person in uniform is legally bound to salute the veneered flag of the Supreme Court, which is vested with the guardianship of the Constitution of the Republic, or else face the purge of the law in punitive form, the said sergeant, with an unprecedented and outrageous demonstration of ..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. ......able. He further submits that there being no disclosure of material on record nor any statement in the writ petition by which it could be understood, the High Court Division erred in law in passing the judgment and awarding the writ petitioner his claim." 5. The ..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. ...... application dated 5-2-2006 and prayed that he may not be proceeded against for committing contempt of Court. 19. In the reply of Alhaj Nurul Islam Moni MP it has been averred that he is a law-abiding citizen of the country and as a Member of the Parliament has the highest regard for the..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. ......f the High Court Division ought to have considered that the suit property having being acquired vested in the government and, as such, the suit was misconceived and not maintainable and barred by law. Because the learned Single Judge of the High Court Division is wrong in holding th..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. ......respondents to show cause as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under Borrower Code No. 10061 (Annexure 'A') shall not be declared to be without lawful authority and of no legal effect and why the respondents shall not be directed to delete ..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. ......ding of the Appellate Court subordinate to the High Court Division on a question of fact is final. The High Court Division while disposing of the second Appeal is confined strictly to questions of law and he is bound to accept the lower Appellate Court’s finding of fact if the same is base..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. ......ing that pre-emptee having become the co-sharer of the holding on the death of her husband Babor Ali prior to the filing of 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 appell..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. ......the Ministry of Information would be necessary for the matters mentioned in section 3 of the Act", inasmuch as the said, interpretation does violate the categorical and unambiguous provision of law. For that, the High Court Division committed gross error of law on the supposed theory of "..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. ......gment of the trial Court and that the learned Judge of the High Court Division wrongly upheld the judgment of the lower appellate Court which is not a proper judgment of reversal in accordance with law. The learned Advocate further submits that the learned Judge of the High Court Division did not..Category: Property Law | Date: | Hits: 71
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