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Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... Ed. ...... 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. ......m) instructed by MG Bhuiyan, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 120 of 1998. (From the judgment and order dated 7th July, 1994 passed by the High Court Division in Civil Revision Nos. 758 of 1992). ...... 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)
....…….(14) The Transfer of Property Act, 1882 (IV of 1882), section 52 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 If re-conveyance is made during the pendency of the pre-emption case in terms of a genuine agreement for re-conveyance, ...... 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. ......e has been filed against the judgment dated July 23, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4097 of 1996 making the Rule absolute obtained against the judgment and order dated September 30, 1996 of the Court of Additional District Judge, Bagerhat in Miscellaneous...... 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. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... become co-sharers of the holding land of which sought to be preempted by the pre-emptor claiming to be a co-sharer, that they purchased the land sought to be pre-empted at a time when they are already co-sharers of the holding on the death of their father who purchased the land of the holding i....... 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. ......emptors appeal by leave against the judgment dated May 26, 1997 of a Single Bench of the High Court Division in Civil Revision No. 343 of 1995 discharging the Rule obtained against the judgment and order dated October 22, 1994 of the 2nd Court of Subordinate Judge (now Joint District Judge), Nars....... 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)
....e of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settlement of 2.50 acres of land o......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. ......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. ......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)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Monowara ......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. ......ahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 564 of 2003. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000). ......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. ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....l Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), Artic......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. ......75 of 1999). Not represented- Respondent No. 1 (In Civil Petition No. 1674 of 2004). Civil Petition for Leave to Appeal Nos. 1674-75 of 2004. (From the judgment and order dated 17-8-2004 passed by the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001)......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)
....nt. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record—For the Petitione......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.......mad, Advocate, instructed by Md. Feroz Shah, Advocate-on-Record—For Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 113 and 114 of 2003. (From the judgment and order dated 20-7-2002 passed by the High Court Division in Civil Revision Nos. 198 and 199 of 1998).......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)
....es and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness ………..(21) Cases Referred to- Abdus Samad and others vs. Md Shorab Ali and others 1981 BLD (AD) 77 = 33 DLR (AD) 113; Jalaluddin Fakir vs.......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......) instructed by Sufia Khatun, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-22. Civil Appeal No. 244 of 2001. (From the judgment and order dated 19-11-1999 passed by the High Court Division in Civil Revision No. 559 of 1997). ......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)
.... the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humiliate the authority, dignity and prestige of the Supreme Court of Bangladesh and made themselves guilty of gross contempt of Court…………..(24) ......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. ......l Appeal No. 12 of 2004 and Sergeant Shoaibur Rahman and Sergeant Md. Russel Arafat are the appellants in Criminal Appeal No. 16 of 2004. Criminal Appeal No. 12 of 2004 is against the judgment and order dated 21 January 2004 passed by a Division Bench of the High Court Division of the Supreme Co......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. ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....e judgment and order dated 9-1-2001 of the High Court Division passed in Writ Petition No. 5543 of 2000 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition impleading therein the appellant Bank and the Attorney-General as respondent Nos. 1 and 2 stating as fo...... 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. ......-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 order passed by the High Court Division being not a speaking order, it cannot be sustained…...... 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)
....ivil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election ......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. ......s made therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with similar prayers. Both the petitions being heard by the High Court Division have been disposed of by the judgment and order dated 4-1 -2006 giving some findings and observations. 5. Being aggrieved the Electio......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)
....land to claim that property as no vested right or any legal right has accrued in favour of the previous owner…….(35) Cases Referred to- Nur Muhammad vs. Moulvi Mainuddin 39 DLR (AD) 1; Mian Muhammad Latif vs. Province of West Pakistan, PLD 1970 ......, 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. ......(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has clo......, 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. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
.... other........................Appellants Vs. Essential Garments Ltd. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in s......etitioners to continue transaction with respondent No.4". 4. The High Court Division on January' 3, 2000 upon hearing the writ petitioners issued Rule and thereupon passed the ad interim order which reads as: "Let the operation of the impugned CIB Report of B......on 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 the Senior Assistant Judge setting aside the order of the Revenue authority is restored&he......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)
....;…….(11) There is nothing in the judgment of the High Court Division to indicate that the findings arrived at by the lower Appellate Court are tainted with misconception, misreading, non-consideration of material evidence or misunderstanding of findings on material points we......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. ......urt and decreed the suit is of no merit. 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. ......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)
....Registration Act subsequent to filing of the case seeking preemption……(28) Cases Referred To: Saiful Bibi vs. Abdul Aziz Khan 133 Indian Cases, 901; AIR 1932 Allahabad, 596; 13 CWN, 160; Md Zaki Khan and others vs. Munnu Sahu and another AIR 1925 Oudh 407; Ghulam...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......eal is by the heirs of the pre-emptee against the judgment dated June 28, 2000 of the High Court Division in Civil Revision No. 1722 of 1993 making the Rule absolute upon reversing the judgment and order dated June 9, 1993 of the Court of Additional District Judge, Dinajpur in Miscellaneous Appea...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.........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. ...... Civil Appeal 129 of 1998. Judgment: MM Ruhul Amin J.- This appeal by leave is from the judgment and order dated 1st September, 1996 passed by the High Court Division in Writ Petition No. 43 of 1996, ......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)
....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. ......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. ......Respondent No. 2 (Civil Appeal Nos. 387 of 2003). Not represented—Respondent Nos. 1-9 (Civil Appeal No. 384 of 2003). Civil Appeal Nos. 383-384 with 385-387 of 2003. (From the judgment and order dated 28th August 2003 passed by the High Court Division in Writ Petition Nos. 4196 of 2003). ......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. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... October 18, 2005. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951). President’s Order No. 88 of 1972, Section 95(4)(5) & 95A Re-conveyance was made during pendency of the case for preemption claiming that the transaction was not an out and out......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. ......— For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. Civil Appeal No. 15 of 1998. (From the judgment and order dated 6th May 1992 passed by the High Court Division in Civil Revision No. 1585 of 1989). ......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)
....missed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... 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. ......vocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 41 of 2003. (From the judgment and order dated 12-1-2003 passed by the High Court Division in Death Reference No. 46 of 2000). Judg...... 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 Commission and others, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and ot......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. ......ate-on-Record—For Respondent No. 4. Not represented—For Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 1099 of 2005. (From the judgment and order dated 25th July 2005 passed by the High Court Division in Writ Petition No. 480 of 2003). ......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
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