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Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......y and on that construction of section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in law in holding that the accused‑ respondents were not guilty under section 467 of the Penal C..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......tances of the case and thereafter satisfy itself as to its reasonableness before the delay is condoned. In these circumstances, the learned District Judge appears to have committed a serious error of law by admitting the appeal and staying the execution case." 5. Leave was granted to consider wh..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....at any rate the ‑High Court Division wrongly interfered with the order of the Sessions Judge on the basis of such application, (2) that the learned Judges misdirected themselves in relying upon the provisions of Muslim Personal Law regarding attainment of majority while deciding question of custod......e on all the points raised at the time of granting leave. Nevertheless, it requires to be said that the High Court Division misdirected itself in deciding the matter by travelling beyond the relevant law as would be applicable for a decision as to the custody of a minor pending criminal proceedings ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....und that the order of termination was a punishment in disguise and that since the order of termination was made on consideration of certain allegations against the employee, his case attracted the provision of the Bank's Regulation No. 22 which provided for giving the employee a pre‑hearin......t within the Tribunal's jurisdiction by an Amendment made in 1984. Mr. TH Khan, learned Counsel for the applicant‑Bank, has tried to argue that the Administrative Tribunal Act being a special law, the provisions of section 14 of the Limitation Act for the purpose of computation of the peri..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
.... refused to comply with the demand of justice notice stating that they have constructed many shopping complexes in the Dhaka City Area without the approval of the respondent No.2 and that there is provision for a car park in the shopping complex which is a substantial compliance of the Master Pl...... 3. The respondent No.1 flied affidavit-in-opposition contending, inter alia, that since it has its own experts in the matter for construction of buildings within the Dhaka City Area and the law making authority expressly gave it power and authority to draw up a Master Plan for the City wh..Category: Environmental Law | Date: | Hits: 293
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)
....4 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of section 233 of the Companies Act. No illegality has been committed by the company Cour......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)
.... Since the appellant is no more a Minister, the Rules in the Writ Petitions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the post of Exec......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)
.... can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature of defect of the plaint and if such defect......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)
....on, 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, rules 52 and 56, CPC, Articles 71 and 72 of President's Order No. 127 of ...... 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)
.... section 96 If re-conveyance is made during the pendency of the pre-emption case in terms of a genuine agreement for re-conveyance, it would not be hit by the principles of lis pendens under provisions of section 52 of the Transfer of Property Act, 1882. …………&he......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)
....ay 2, 2006. 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 lear...... 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)
....emo dated 17-11-1999 to sell the building at No. 11, Bangabandhu Avenue, Dhaka on behalf of the Government through auction. Accordingly, RAJUK sold the said property in auction in accordance with the provision of Bangladesh Abandoned Property (Building under Urban Areas) Rules, 1972 for the purpose ......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 Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....shem and Haji Ahmed Brothers. In 1971, the owner of both Messrs Golden Bengal Tobacco Limited and Messrs Haji Hashem and Haji Ahmed Brothers left this country and the property was nationalised as per provision of President's Order No. 127 of 1972. Thereafter, the Government decided to disinvest the ......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...Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
.... 96(2) of the State Acquisition and Tenancy Act and nondisclosure of the names of the necessary parties by the pre-emptee cannot absolve the pre-emptor from complying with the mandatory provision of law regarding impleading necessary parties in a preemption case. In support of his con......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)
.... The Code of Civil Procedure, 1908 (V of 1908), Section XXXVII, rule 2 During pendency of Summary Suit No. 6 of 1996 in the Court of the District Judge, Dhaka under the provisions of Order XXXVII rule 2 of the Code of Civil Procedure respondent no. 1 brought the Writ......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
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