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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. ......te Court. 6. Dr. Rafiqur Rahman, the learned Counsel, appearing on behalf of the leave petitioners argued that the High Court Division totally misconceived the nature of the dispute of the case, in view of the fact that SA record admittedly stands for 6 (six) decimals of land in the name..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. ......ted by the respondent Nos. 2 and 3. Under the aforesaid facts and circumstances, the respondents filed a petition under section 233 of the Companies Act. Upon that application the relevant company case was started. 4. The petitioner contested the Company case by filing an affidavit-in-op..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. ......the business of the petitioner No.2, Ittefaq Group of Publications Ltd. should not be declared to have been made illegally and without lawful authority and to be of no legal effect. 5. The case of the writ petitioners, in short, is that Ittefaq Group of Publications Ltd, petitioner No.2 ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....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. ......the Court should carefully consider the nature of defect of the plaint and if such defects are found curable, the plaintiff should be allowed to amend the plaint in course of due procedure and, in case of failure to do so, the Court has to proceed to decide the suit forthwith and to dismiss it u..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. ......ellip;………………….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitut..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. ......ight of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with the buyer, in that case reconveyance, even if before the filing of the pre-emption case, the right of pre-emption wou..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. ......March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of reconveyance would be treated as a sham and colourable transaction. In suc..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. ......Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefi..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. ......ra Begum and others.......................................Respondents Judgment May 2, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory pro..Category: Civil Law | Date: | Hits: 95
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....... for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record—For the Petitioner (In both the cases). Mustafa Niaz Mohammad, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record— F..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. ......solute. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. On transfer to the Court of th..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. ......nt 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 devoid of remorse. The Court fi..Category: Criminal Law | Date: | Hits: 64
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. ...... anr.......Respondents 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 Divi..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. ......n 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 closed the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) ..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. ......ing the ad interim relief so granted is not legally well founded and granting of such ad interim relief has been deprecated by the Court whose judgment is binding on all Courts. 17. In the case of Bank of Maharashtra vs. Race Shipping and Transport Co Pvt. Ltd and another reported in AIR..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. ......, about the matter heard from his wife and they stated the fact of taking away unregistered kabala by the defendant which he executed earlier. Over the said incident the plaintiff filed a criminal case and the defendant and his nephew were convicted and on appeal the conviction was maintained. ..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. ......ht to be preempted is not entitled to oppose preemption contending that he has become co-sharer, before registration of the deed under section 60 of the Registration Act subsequent to filing of the case seeking preemption……(28) Cases Referred To: Saiful Bibi vs. ..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. ......nance 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 1987. 3. The case before the Court of Settlement was contested by the Government by filing a written statement o..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....try not keeping pace with the technological developments. While all the democracies in the world have enacted laws specifically governing the broadcasting media, this country has lagged behind, rooted in the Telegraph Act of 1885 which is wholly inadequate and unsuited to an important medium......ct, the cardinal principle of law is that when a preamble lays down the main object of the Act, the same may be resorted to as a legitimate aid in construing the enacting parts. Lord Normand J in the case of Attorney-General vs HRH Private Ernest Angestus of Henover held that: "When there is a pre..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. ...... 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 sale but a sale with condi..Category: Property Law | Date: | Hits: 71