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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. ......and that the respondent No. 1 sold the case land to the appellants at a consideration of Taka 7,000 by registered kabala dated 26-1-1978 and that the pre-emptor has no land more than 10 bighas and accordingly, he is entitled to pre-empt the case land. 3. The pre-emptees contested the cas......andra Das and others..................Respondents Judgment November 22, 2005. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply th......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)
....ordship Mr. Justice AHM Shamsuddin Chowdhury with the flag of the Supreme Court of Bangladesh, which reflects the Republic's commitment to keep high the notion of fairness in the administration of justice, fully and conspicuously hoisted, one sergeant, Shoaibur Rahman culpably abstained from sal......elf at the mercy of the Court to exonerate him of the charges of committing contempt of Court and that the appellant himself was ready to file another application for withdrawing the said reply and accordingly, liable to be dealt with leniently with a punishment of censure. The learned Counsel ha...... 'Apology' is an act of contrition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is devoid of remorse. The Court finds no reason to differ with the findings of the High Court Division regarding acceptance of the unqualified apo...... 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. ...... 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. ......ule 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 Jurisdiction as there could be conflicting decisions. Moreover the ......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)
.... Court' and considering such statement to be aimed at putting the other four Judges who were expected to hear the matter on 6-2-2006 in an embarrassing position jeopardising administration of justice, this Division felt constrained to issue the Rule to preserve the dignity of 'this august i...... impression of the judiciary which is not at all desirable. We like to conclude observing that the Judges of this Court felt extremely uneasy over the carefree manner in which the learned Counsel, according to his own admission, made the submission and we expect more circumspection undertaken on......pondents Judgment April 17, 2006. Contempt of Court Statement of para 3 of the impugned Petition filed on 5-02-2006 in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering ...... 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. ......, 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. ......le 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 claim the relief sought for by him in the suit filed in 1997 on the b......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. ......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. ......initiated as per provisions of the Public Demand Recovery Act after lapse of about 12 years. The impugned order of the Senior Assistant Judge setting aside the order of the Revenue authority is restored………….(20 & 21) Cases Referred To: Bank of Mah......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)
....vision being virtually on one ground only not taken in the memorandum of appeal, the judgment of the said Division was not in consonance with the law and that has resulted in serious miscarriage of justice in the case, that conviction of the defendant by the criminal Court for theft of the kabala......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. ......8), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Court Division on a question of fact is final. The High Court Division while disposing ......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. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......ment of transfer as per section 60 of the Registration Act, 1908……….(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 registr......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
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ep in view the elementary principles of certiorari and the decision of this Division in such matters was under consideration and thus allowed itself to be totally misdirected causing miscarriage of justice. 6. We have heard Mr. AJ Mohammad Ali, learned Additional Attorney-General for the ......hrough different allottees. 7. The Court of Settlement in its judgment gave clear findings that the respondent No. 1 never applied to the Government for restoration of the property though, according to respondent No. 1 they were dispossessed on 12-6-1974 by one Monir Hossain illegally an......hul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement October 21, 2003. The Constitution of Bangladesh, 1972, Article 102 The High Court Di......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. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....i.e. negligently, rashly or in any other mode as to render the action resulting in being nugatory. The Court of law could intervene/interfere in administrative actions where there has been failure of justice either in commission or in omission or in deliberate failure to perform a duty cast upon the......or use of telecommunication apparatus for the purpose of broadcasting. The appellant relies on the first part of sub-section (2) but advisedly ignores the subsequent part of the said sub-section and, according to settled principles of interpretation the last part and a proviso should prevail over th...... Judgment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh Telecommunication Regulatory Commission........................Appellant vs Ekushey Television Ltd..........................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. ......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. ...... AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment October 18, 2005. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951). Pres......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)
....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. ......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. ...... AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Secti......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)
....o 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 reasonable opportunity ...... During pendency of the suit the plaintiff-respondent amended the plaint and petitioner No. 1 was made party and order was passed directing to issue summons upon the said petitioner and others and accordingly, summonses were received by the District Controller of Food. The Manager, Central Stora......s. Md. Sirajuddin Ahmed and others......................Respondents Judgment June 20, 2005. The Code of Civil Procedure, 1908 (V of 1908), Section 80. Mandatory period of three months required by section 80 CPC having not been allowed to the Appellant/ad......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. ......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. .......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not r......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
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....stitution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. (c) Where there is a legal bar against institution or continuance of a criminal case ag......cessity of a consultant is essential and once the committee receives the evaluation report of the consultant, they (the committee) will discuss the matter and give direction as to the next step. That according to the Committee's decision, the consultant submitted a report on 16-7-1999 wherein it is ...... Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding……......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....st information report by PW 1 who was not an eye-witness himself. The rejection of evidence of eye-witnesses to the occurrence on such flimsy and inconsequential grounds has caused a grave failure of justice and also a miscarriage of justice inasmuch as a gruesome murder witnessed by three eye-witne......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: ......espondents Judgment November 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of......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)
....tending Engineer, superseding him although they were junior to the petitioner according to the gradation list. The petitioner made representations, on 17-1-2001. 19-2-2002 and 24-5-2003 demanding justice, through his learned Advocate but without any response from the respondent Nos. 2-7. Being ...... prepared a gradation list of the Executive Engineers and Assistant Chief Engineers, in the year 2000 for promotion to the next higher post of Superintending Engineer and the petitioner's position, according to the said gradation list was 19 and the position of the respondent No. 9 was 20 and tha......on Service Regulation, 1968, Regulation 3(1) In view of sub-section 3 of section 1 of 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 p...... 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)
.... 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. ......f carrying those goods without any manifest and had not stated at the time of seizure that the cargo were shipped for another destination or that the manifest of goods of the ship was awaiting and accordingly, the goods were seized from the vessel as controversial goods. 10. In view of t......a Holding Inc. Panama and other............................Respondents Judgment July 14, 2004. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25 The Customs Act, 1969 (Act No. IV of 1969), section 156 The accused has been acquitted of the ch......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)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......d of settlement was annexed and marked as Annexure-X. It was further contended that during the recent survey operation, the petitioners were found to be in physical possession of the demised land and accordingly, the record of right has been prepared in their names in the face of objection raised by......ing the affected party. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms an...... 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)
....l and that the order of status quo so passed cannot be said illegal since the Court is very much competent to pass the order impugned in case the Court feels that the order would advance the cause of justice. 5. The order directing the parties to maintain status quo as regard the subject-matter ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ...... 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 suit to restrain themselves from doing any act which may bring about change in the position o........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
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