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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 such a case, the right of pre-emption shall subsist…………………..(11) The High Court Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sha....... 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. ..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. ......ame is inoperative in respect of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 a......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. ..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. ......arned District Judge and directed for disposal of the case within two months as already mentioned above. 10. We have considered the submissions made at the Bar and perused the materials on record including the impugned order passed by the High Court Division. The High Court Division on c...... the Daily Inquilab by the Artha Rin Adalat during the pendency of the case before it, is no notice in the eye of law is required by Article 33(1) (5) of President's Order No. 128 of 1972. Since service of notice is the primary requirement of law in disposing of a case before a Court of law a..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. ......premises under their occupation for facilitating handing over possession of the premises in question to auction purchaser. 5. The High Court Division, upon consideraÂtion of the materials on record, made the Rule absolute. 6. We have heard Mr. Md. Aftab Hossain the learned Advocate-......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. ..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.......l applications before the High Court Division in Civil Revision Nos. 198 and 199 of 1998 both of which were discharged on the ground that the petitioner could not prove fraud by any legal evidence on record though it sought for a declaration that the ex parte decree was fraudulent, void and collusiv......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)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ve developed the case land at a cost of Taka 5,000. Accordingly, the pre-emptees prayed for dismissal of the case. 4. The learned Senior Assistant Judge on consideration of the evidence on record found that the pre-emptor is a co-sharer in the case holding and the case is not barred by l......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....y nature of the judicial function makes judges sympathetic and responsive. Their very training blesses them with 'insensitivity', as opposed to hypersensitivity. Judges are lawyers seeking good reasons to explain wrong conduct. They know there are always two sides to a coin. They neithe......remorse for his indiscreet act and ends of justice would suffice if the appellant is censured for his objectionable remark appearing in the report which he prayed for expunging from the record. 12. Mr. Abdur Razaque Khan, the learned Additional Attorney-General&n......10-30 AM on Monday, the 30th June, 2003 without fail. The Commissioner, Dhaka Metropolitan Police and the Deputy Commissioner-in-Charge of Traffic, Dhaka Metropolitan Police were directed to ensure service of the Rule upon the above named persons forthwith. The Inspector General of Police, (2) P..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. ......khola Branch. Dhaka, to show cause as to why the said Bank should not be directed to pay an amount due to fixed deposit receipt hearing FDR No. 0003552/2344 dated 27-8-87. From the record it is found that the notice of the Rule was served upon the respondent on 9-12-2000 but the...... 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. ...... thereby making it clear that the statements in paragraph 3 are not those of the Chief Election Commissioner nor he instructed to make such submissions. 23. We have perused the materials on record and considered the submissions. 24. In view of the candid submissions of the learned......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. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....he present case to file and maintain the suit. 35. The other branch of argument that the land though acquired being not utilised is required to be returned to the owner does not hold good. We are of the view that if an immovable property is acquired validly by the Government the pl......y belonged to one Yasin Bepari and he died leaving a son Taijuddin, and a daughter Taherun Nessa to inherit the same. Taijuddin died leaving a son Afsaruddin, and the said property has been wrongly recorded in the name of Ayatunnessa and Afsaruddin, who filed Title Suit No. 55 of 1973 in the Cou......eeding mentioned earlier and reiterates that under such circumstances the suit is not barred. 18. He lastly submits that the statutory requirement as to mentioning of public purpose, service of notice and payment of compensation being not fulfilled the acquisition proceeding must b..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. ...... 9. The writ petitioners have challenged inclusion of their names in the CIB report being defaulter in the payment of loan received from the appellant Bank. It is seen from the materials on record that the respondent Nos. 1 and 2 have filed suit challenging the claim of the Bank against t......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. ..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. ......Appellate Court are tainted with misconception, misreading, non-consideration of material evidence or misunderstanding of findings on material points were made on omission to consider materials on record and not based on proper evidence, the High Court Division was in error in setting aside the ......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. ..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. ......The above observation is referable to the provision of section 54 of the Transfer of Property Act). It has further been observed "The dower due to a Muslim wife is a debt—it has been so recorded even under the Muhammadan Law; consequently, if the amount of dower is ascertained and the...... The said provision reads as: "96(1): If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, ..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. ......an only interfere with the findings of fact arrived at by the inferior Tribunal only if it can be shown that the same are based on no evidence or based on non-consideration of material evidence on record. There having been no finding in this respect by the High Court Division, it was not justifi......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 TelecommunicaÂtion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....continuing institution composed of the people, elected by the people and for the welfare of the people. The administrative agencies performing their duties and obligations should promote the cause of good governance and should not rush or behave negligently resulting in causing annoyance to the citi......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. ......ng given by the Government in its National Telecommunication Policy 1998, which was formulated with the view to satisfy the growing demand to provide equitable opportunity and competition amongst the service providers in the private sector, both domestic and foreign. 14. Dr Hossain urges that the..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. ......am document without any consideration designed to defeat the right of the pre-emption of the pre-emptor, a finding of fact as has been arrived by the trial Court on consideration of the evidence on record but the same not having been reversed by the lower appellate Court erred in law in dismissi......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. ..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. ......is not tenable and the Courts below committed illegality in not considering the said circumstances. 10. We have considered the submissions made by the learned Counsel and perused the materials on record. It appears that PW 1 Jayanta Gope deposed: “তখন আমার ছেলে à¦...... 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. ..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election CommisÂsion 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. ......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. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......also got his name mutated on 27-9-1995 initiating Mutation Case No. 270 of 1995-1996 and paid rent up to 1995. But during the Revisional Settlement Operation, the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bang......ccordingly, impleading the appellant as defendant No. 4 amending the plaint. On 22-1-1997 the trial Court issued summons upon the added defendant No. 4 that is, the appellant, fixing 28-1-1997 for service return and by order dated 28-1-1997 on perusal of the service return of summons, fixed 3-2-..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. ......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. ..Category: Property Law | Date: | Hits: 72
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