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Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....l procedure. 17. Expanding further his argument, Mr. Karim submits that even if the jurisdiction is so excluded the civil Courts have jurisdiction to examine cases whether the provision of the statute have been complied with and in the instant case he refers to his submissio......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)
....not within their jurisdiction in setting aside the auction sale at the instance of a person who has not claimed title in the property sold in auction in the certificate proceeding initiated as per provisions of the Public Demand Recovery Act after lapse of about 12 years. The impugned order of t......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)
....g to any other point involved in the case. 10. The appeal as against the judgment and decree whereof leave was obtained and instant appeal has been registered was filed in the light of the provision of section 100 (now omitted) of the Code of Civil Procedure. The provision thereof was a......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)
....same. 2. The Miscellaneous case was filed seeking pre-emption of the transfer made by the deed executed on May 28, 1988 and presented for registration on May 28, 1988 and registered as per provision of section 60 of the Registration Act on 15-10-1988 claiming to be a co-sharer of the hol......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)
....licence from 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 suppose......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)
....ale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 years and in that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) ......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
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....hy;ling does 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 Re......ned Advocate further submitted that the Agrani Bank having rescheduled his loan with effect from 18-12-2002 the petitioner ceased to be a defaulter on 18-12-2002 and his nomination paper has been unlawfully cancelled. The learned Advocate lastly submitted that both the Returning Officer and the ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....ellant, two month's time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaintiff-respondent and, as such, there being gross violation of mandatory provision of section 80 of the Code, the trial Court as well as the Court of appeal below committed......having not been allowed to the Appellant/added Defendant No. 4 to enable it to submit written 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..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. ......ed anything as to the fate of his prayer. Then the High Court Division issued Rule calling upon the respondent Nos. 1-3 to show cause as to why they shall not be directed to act in accordance with law for granting allotment of a plot to the petitioner as an effected person. The Rule was opposed ..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: ......occurrence. The fact that there is no evidence as to who brought the dead body of Tutul from the Cinema Hall to the hospital is also of no consequence. The High Court Division was totally in error of law in finding misreading of evidence without pointing out where the misreading by the trial Court h..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ion of 1968 provided that no amendment would be made in the Service Regulations, to the derogation of the interest of a person who was already in the service at that time and since such a specific provision was spelt out in the concerned Service Regulations by which the service of the petitioner...... the proforma-respondent No. 6 herein giving promotion to the proforma-respondent Nos. 8 and 9 by superseding the writ-petitioner-respondent No. 1 should not be declared to have been issued without lawful authority and is of no legal effect and why the writ-respondent No. 2 should not be directed..Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....e goods in question were not the subject matter of the case under the Special Tribunal Acts wherein only the Captain and crew of the vessel in question carrying smuggled goods were implicated. The provisions of both these acts are distinct and different. One acts in personem and other acts in r......nt of the custom duties and VAT etc. Section 25 of the Special Powers Act is designed towards a person or persons, i.e. whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force or evading payment of customs duties or taxes leviable thereon unde..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....m the last of Baishak, 1382 BS (till the 30th Chaitra, 1397 BS) under specific terms and conditions enumerated in the said deed of settlement. The aforesaid settlement was made in accordance with the provision of section 81 (1) of the State Acquisition and Tenancy Act. The settlement was made herita...... and Land Reforms, Government of Bangladesh and conveyed by Annexure-K in Writ Petition No. 428 of 1989 and Annexure-J in all the other writ-petitions should not be declared to have been made without lawful authority and to be of no legal effect. 3. The case of the writ-petitioner-respondent Kha..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....al and that as the order of status quo, as mentioned hereinbefore, was in the nature of ad interim injunction, the appellant was required to file appeal as against the said order of status quo as per provision of Order XLIII, rule 1(r) of the Code of Civil Procedure but instead of filing an appeal t........Respondents Judgment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the sui..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... be utilised, is as in section 162 of the Code of Criminal Procedure for contradicting the prosecution witnesses and the said can only be done after the said statement has been duly proved and the provisions of section 145 of the Evidence Act have been duly complied with. In a case where no stat......having had not said that he killed his wife for non-attending the demand of dowry the conviction of the condemned prisoner under section 10(1) of the Ain and the sentence passed thereunder was not lawful, that the High Court Division wrongly placed reliance on PWs 3, 5,. 6, 7, 12 and 14 in comin..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ....................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the sui..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....t’s Order No.16 of 1972. No notice being served under article 7 upon the appellant entitling him to challenge the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 and non-compliance of the provisions of section 5 of Ordinance No. XIV of 19......pliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DL..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....ant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that after receiving of the statement of def......e and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that after receiving of the statement of defence from the ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....ffences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held." 17. On perusal of the aforesaid provision of law, it appears that in case of any Judge or Magistrate or a public servant, not remova......m, the learned Advocate appearing on behalf of the petitioners, has taken us through the impugned judgment and order passed by the courts below and submits, inter alia, that there is serious error of law committed by the High Court Division and that the courts below did not consider that the two pol..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....) thereof the licensing authority acts under the control of the appropriate Government. Section 8 gives power to the appropriate Government to make rules for the purpose of carrying into effect the provisions of the Act. Such rules were first framed in 1921 and were amended from time to time but......tion for issuance of NOC for the purpose of licence for exhibiting cinema being merely directory, the Courts below including the High Court Division erred in holding that the NOC was issued without lawful authority. The learned Counsel further submitted that having regard to the frame of the suit..Category: Property Law | Date: | Hits: 69
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