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Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....e Court of Additional District Judge in dealing with the revision committed error of law in allowing the amendment of plaint and rejecting the prayer for rejection of the plaint on the erroneous view of removal of defect in the suit, inasmuch as even the amended suit was incompetent ...... Additional District Judge in dealing with the revision committed error of law in allowing the amendment of plaint and rejecting the prayer for rejection of the plaint on the erroneous view of removal of defect in the suit, inasmuch as even the amended suit was incompetent and thus t..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... decree and the appellant, being a public officer, is under legal duty to obey the direction of the executing Court as communicated by notices dated 3-3-1991 and 27-4-1991; the High Court Division erroneously rejected the contention of the appellant that for payment out of the Consolidated Fund,......ment a Bill to provide for appropriation out of the Consolidated Fund of the money required to meet the expenditure charged on the Consolidated Fund. Clause (3) of Article 90 does not mean that in view of clause (e) of Article 88, the executing Court on the basis of rules 52 and 55 of Order XXI,..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. ......he said fact the High Court Division was in error in not holding that the reconveyance so made was collusive and fraudulent and that the reconveyance was made for collateral purpose with the end in view for defeating the right of preemption, that High Court Division was in error in not holding t..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 case of Md. Abbas Ali vs. Md. Osman Ali (minor) and others reported in 37 DLR 324 relied upon by the High Court Division in rejecting the prayer for pre-emption in case is not reviewed then by the transaction of the said kind the whole purpose of filing of a preemption case wi..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....prepared, that Afazuddin Mia died leaving the defendants as his heirs and after the death of Afazuddin Mia defendants continued possession, that during the diara survey land of DS plot No. 7825 was erroneously recorded in plot No. 203/31 and the khatian No. 1 was prepared erroneously in the name ......t in the said suit and the Government contested the suit and the suit was decreed on contest in favour of the defendant appellants. In the afore state of the matter, the High Court Division, in our view, was in serious error in holding that in Title Suit No. 43 of 1978 plaintiff-respondents were..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....case before a Court of law and that was not clearly done in the instant case, we are constrained to hold that the learned District Judge clearly erred in law in passing the impugned order on an erroneous view of law. In the result, the Rule is made absolute without any order as to......e a Court of law and that was not clearly done in the instant case, we are constrained to hold that the learned District Judge clearly erred in law in passing the impugned order on an erroneous view of law. In the result, the Rule is made absolute without any order as to cost and ..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. ......de in Writ Petition No. 3420 of 2001 will govern the instant writ petition. 9. On consideration of the materials on record and the submissions of the learned Advocate-on-record, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed....... the purchaser of the suit property and has been in possession of the suit property. 13. We have considered the submissions of the learned Advocate and gone through the judgment and we are of the view that Messrs Haji Hashem and Haji Ahmed Brothers being a licensee under the lessee, Burmah Easte..Category: Tenancy Law | Date: | Hits: 72
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. ......fail on that account and accordingly, made the Rule absolute. 8. Leave was granted to consider the submission that the decision reported in 31 DLR (AD) 88 is no longer holding the field in view of the later decision reported in 33 DLR (AD) 113 by which the Appellate Division, in fact, ov..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. ......and sought to humiliate the authority, dignity and prestige of the Supreme Court of Bangladesh and made themselves guilty of gross contempt of Court…………..(24) In view of the deliberate acts of the appellants undermining the authority, dignity and prestige of th..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. ...... 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. ..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. ......g people's confidence in this august institution, the Civil Petition for Leave to Appeal and the application for stay should be heard by the Full Court." 14. We are of the view that every Judge, specially of a Superior Court, is capable of dealing fairly with all cases a..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. ......bmits further, that the High Court Division was wrong in holding that compensation was not paid though the plaintiff could not prove any such case. 10. He emphatically submits that in view of section 44 of the Acquisition and Requisition of Immovable Property Ordinance 1982, hereina..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. ......the ad interim order is forcing the Bank to continue transaction with the respondents who are defaulters in the payment of loan received earlier. In the aforesaid state of the matter we are of the view the High Court Division was in error in passing the ad interim order directing&nbs..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....lower appellate Court the High Court Division while exercising jurisdiction under section 100 of the Code of Civil Procedure is not competent to disturb the finding of fact on the view finding was erroneous. The High Court Division is not authorised by law or, in other words, has no jurisdiction......arrived at by the lower appellate Court the High Court Division while exercising jurisdiction under section 100 of the Code of Civil Procedure is not competent to disturb the finding of fact on the view finding was erroneous. The High Court Division is not authorised by law or, in other words, h..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. ......ice. A transfer, therefore, of immovable property in consideration of a dower-debt which is a heba-bil-ewaz, under the Muhammadan Law, having all the legal incidents of a sale, falls within the purview of section 54, Transfer of Property Act ". It may be mentioned in the present case the do..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....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. ......the Constitution wrongly interfered with the judgment and order of the Court of Settlement acting as if it was a Court of appeal which it was not and that the High Court Division failed to keep in view the elementary principles of certiorari and the decision of this Division in such matters was ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....telecommunications technology in order to support the socio-economic development, in line with the national aspiration”. 81. From the aforesaid, we are of the view that the High Court Division erroneously held that the Act 2001 is applicable in respect of all matters as mentioned in section 3......ce required to broadcast its programmes through a satellite channel by intentionally and willfully misinterpreting a judgment of the Appellate Division of the Supreme Court of Bangladesh in Civil Review Petition Nos. 78, 79 and 80 of 2002, as a result about 40 million viewers are deprived of their..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. ......ation and that during pendency of the pre-emption proceeding the Pre-emptee by a sham transaction got back the land in question in pursuance of the alleged deed of agreement of reconveyance with a view to defeating the right of pre-emption of the pre-emptors and that in arriving at the said find..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. ......eir evidence cannot be thrown away unless the evidence is found to be untrue or tainted with motive. 16. We have taken into consideration the cross examination put to PWs 1 to 4 and we are of the view that their evidence remained unshaken and unblemished. From the evidence of aforesaid witnesses..Category: Criminal Law | Date: | Hits: 47
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