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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. ......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. ......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. ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......tter No. 5 of 1995 arising under section 233 of the Companies Act, 1994, which was instituted by the respondents for protection of the interest of the minority share holders. 2. The short facts, leading to this leave petition are that the respondents are promoters/ shareholders of the p..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......efaq while he was a Minister. 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...... in AIR 1960 SC 378 and submitted that in that case it was decided "in cases where the vires of statutory provisions are challenged on Constitutional grounds, it is essential that the material facts should first be certified and ascertained with a view to determine whether the impugned stat..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....nd this view finds support in the case of Sk. Md. Junaid and others vs. Turner Morrison & Co Ltd. reported in 26 DLR 111 which reads as under: "Rejection of a plaint is not identical with dismissal of a suit. Rejection under rule 11 does not preclude a fresh suit under r......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......al by leave is against the judgment and order dated 7-7-1994 passed by the High Court Division in Civil Revision No. 758 of 1992 discharging the Rule. The above civil revision was filed calling in question the order dated 5-10-1991 passed by the learned Subordinate Judge (now Joint District Judg...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..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. ......rect being in accord with section 40 of the Transfer of Property Act as well as with reason". 12. In the case reported in 35 DLR (AD) 225 it has been held "The main question for careful examination will be whether he actually got back his land, and if the answer ...... 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 that in the background of the facts and circumstances of the case and reconveyance having been made long after filing of the peti..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. ...... of Khatian No. 1151 from Jogendra Chandra Saha and he also transferred .13 acre of land of the aforesaid plot to the pre-emptor on September 12, 1985 and thus he became co-sharer of the holding in question i.e. holding No. 1151, that opposite party Nos. 3-10 without serving any notice on the pre....... 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)
....ord having had clouded the title of the defendants they were constrained to file Title Suit No. 43 of 1978 seeking declaration of title in respect of 2.50 acres of land of plot No. 203/31 which is identical to the land of DS Plot No. 7825. 4. The Government contested the suit i.e. Title ......s and also the witness has no land in the neighborhood of the land in suit. Since the Court of fact on due scrutiny and consideration of the evidence of PW 2 found him an unreliable witness on the question of possession of the plaintiff-respondent Nos. 1-4 in the land in suit the High Court Divi......ading that they paid rent. The lower appellate Court also noticed that no khatian was opened in the name of the plaintiff-respondent Nos. 1-4. The appellate Court on consideration of the aforesaid facts as well as the other materials on record as mentioned hereinbefore arrived at a finding that ..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. ......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. ......, as such, the order to decree the claim by the learned District Judge against the respondents is absolutely illegal. 9. He thereafter, submits that the High Court Division considering the facts and law took a correct decision in setting aside the order dated 26-6-2000 passed by the lear..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. ......of 2001 was filed by the tenants of 10, Bangabandhu Avenue who were directed to hand over possession of the premises under their occupation for facilitating handing over possession of the premises in question to auction purchaser. 5. The High Court Division, upon consideration of the mater......e directed against the judgment and order dated 17-8-2004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001 making the Rules absolute. 2. Short facts are that father of the writ petitioner in both the writ petitions had been a tenant in respect..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.......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.......ivil Revision Nos. 198 and 199 of 1998 (heard analogously) discharging the Rules. 2. Since both the leave petitions arise out of the same judgment they are taken together for disposal. 3. The facts leading to the leave petition are that the suit property originally belonged to Messrs Golden ..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. ...... during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness ……&hel......ve is directed against the judgment and order dated 19-11-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 559 of 1997 making the Rule absolute. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Mun..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. ...... General of Police, (2) Principal, Police Training Academy, Sarda, Rajshahi, and (3) the Principal of the Police Training College, Mirpur, Dhaka, were by the Rule, directed to answer the following questions by the 12th day of July, 2003, without fail- (i) Does the derogatory expres..............................Respondent Judgment December 7, 2004. The Contempt of Court Act, 1926 (XII of 1926), Section 2 '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..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. ......e due as interest and compensation; so unless and until the remedy sought in the above suit is exhausted the petitioner was not entitled to invoke writ jurisdiction; since the disputes involved are questions of fact the writ petition is not maintainable; after the above judgment and order dated ...... 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. ...... contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and another filed Writ Petition No. 9157 of 2005 calling in question the decision of the writ respondents to prepare a fresh electoral roll taken by the ......sented by the Chairman (Chief Election Commissioner) and Alhaj Nurul Islam Moni MP to show cause as to why they shall not be proceeded with for committing contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and 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. ......ther submits that the observation of the learned Single Judge that the requiring body could not take physical possession of the suit property is without any material inasmuch as the notification in question was made on 12-12-1987 and the property vested in the Government. 8. He the...... 11. Mr. Md. Fazlul Karim learned Counsel appearing on behalf of the respondent No. 1, on the other hand, opposes the appeal submitting, inter alia, that the trial Court considered the facts and circumstances and evidence on record and correctly decided the case and decreed the suit...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. ...... respondents since it is for the Bank to decide whether it will continue transaction with its particular customer, herein respondents, in a particular state of the matter. In the background of the facts and circumstances as noticed hereinbefore, it appears to us that the High Court Division by t..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. ........................Respondents Judgment March 1, 2006. The Code of Civil Procedure 1908 (V of 1908), 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 Appellat......t of the trial Court, brushing aside other evidence on record was not legal and proper and, as such, is not sustainable in law, that the decision of the lower appellate Court, as the final Court of facts, being based on proper appreciation of the evidence on record and neither any ground taken in..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. ......Babor Ali made the transaction in favour of his wife Fatema Khatun by the deed executed and presented for registration on 28-5-1988 and said Babor Ali died on June 7, 1988 and the deed in question was registered as per provision of section 60 of the Registration Act on October 15, 1988......ion was registered as per provision of section 60 of the Registration Act on October 15, 1988 and the Miscellaneous case was filed on January 2, 1989. 4. In the background of the aforesaid facts it was contended by the pre-emptee Fatema Khatun, that the transfer in question was made in l..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. ......provisions of Ordinance No. 54 of 1985. The writ petitioner then filed an application under section 7 of the said Ordinance before the 1st Court of Settlement praying for exclusion of the house in question from the 'Ka' list of the abandoned buildings and it was registered as Case No. 869 of 198......the findings of the tribunal is based on no evidence or non-consideration of material evidence on record. In the instant case, there is no finding in this respect by the High Court Division. In the facts and circumstances stated above, we are of the view that the High Court Division was not just..Category: Property Law | Date: | Hits: 77
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