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Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....ng can be recorded by the Tribunal. Order of recounting of ballot papers can be made when the Tribunal is satisfied that making of such order is imperatively necessary to decide the dispute and to do complete and effectual justice between the parties. It is settled principle that re-counting must no......lication for recounting of ballot papers on contest against the petitioner. 2. The respondent No. 1 filed Election Tribunal Case No. 6 of 2003 before the Election Tribunal and Assistant Judge, Mothbaria, Pirojpur impleading the petitioner challenging the election of ward No.6 Tikikata ..Category: Election Law | Date: | Hits: 159
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
.... No. 7, by the above memo dated 5.8.2000, is trying to hand over the power supply lines of the petitioners to Rural Electrification Board, the Board, and the above memo, if implemented, would be a complete violation of the provision of the President Order No. 59 of 1972 and the petitioner will i......any other writ petitions, discharging the Rule obtained challenging Memo No. PBSA/02-36/2004/677 dated 5.8.2000 issued by respondent No. 7 directing handing over of the electricity lines of Matbaria and Bhandari to Palli Biddut Samity. 2. The petitioners filed the above writ peti..Category: Civil Law | Date: | Hits: 119
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....ule on 21.11.1999. 16. In the background of the facts and circumstances of the case as well as for the sake of advancing the cause of justice this Division should exercise its power of doing complete justice in the matter by sending the civil revision back to the High Court Division for di......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....ty will execute the work within 4 months time as stipulated in the work order issued in favour of the 1st party for completion of the work, In the event of failure of the 1st party to commence and complete the work with in the stipulated time the 1st party would be subjected to diverse punishmen......endous financial hazards. The 2nd party instead of doing some thing that can enable the 1st party to start execution of the work they very surprisingly stopped the work for indefinite period except barbed wire fencing work by their letter dated 20.10.1994. While the contracted work was direc..Category: Business or Commercial Law | Date: | Hits: 129
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....on of the suit land through Hamid Ali or Nanna Mia or defendant No.1; since 1922 Hamid Ali owned and possessed the suit land openly, continuously and uninterruptedly denying the title of others and completely ousting Tukku Mia and after Hamid Ali his son Nanna Mia was in possession of the suit l......he suit land and was also able to establish complete ouster of the plaintiffs from the suit land and hence the suit for partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it appears the High Court Division ..Category: Property Law | Date: | Hits: 20
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....2) The Anti Corruption Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right guaranteed un......1991-1996 and 2001-2006. 3. The writ-petitioner further asserted-that the notice as evidenced by Annexure-A to the writ petition has been issued malafide and illegally as a part of conspiracy to debar her from contesting the next general election. That the impugned notice was issued and served up..Category: Anti-Corruption Laws | Date: | Hits: 144
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....t of the mischief of section 14A of the Act. 14. The learned Attorney General lastly argued that in this court in exercise of the power conferred under Article 104 of the Constitution can do complete justice and dispose of the matter finally. In support of his contention the learned Attorn...... Md. Tafazzul Islam J Bangladesh, represented by the Deputy Commissioner, Dhaka & others.....Appellants Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Re..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....f bhiti land after paying a very small amount of money on rough and ready calculation started delaying the process of acquisition for years together in spite of repeated written representations to complete the same and to pay the compensation according to law but in vain. Of late, the appellants......3, the former retrospectively and the latter prospectively." This Court held that "The sub-section clearly says that the step so taken and notice given is barely a proposal to acquire. Sub-section (6) provides for the decision of the Government to acqui..Category: Property Law | Date: | Hits: 37
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....n similarly situated should be dealt with similarly and as such the discriminatory treatment in not making the appellant's employment on regular basis could be remedies even in the principle of doing complete justice. 14. The learned Deputy Attorney General has submitted that the appellant havin......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....Leave was granted to consider the contentions whether the High Court Division was wrong in setting aside the finding of the trial Court without adverting to the reasoning assigned by it and upon a completely erroneous view that the trial Court was not aware of the legal positio...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....late Division observed as under: "The learned Deputy Attorney General submitted that an order of re-trial, even at this stage by this Division, would serve the ends of complete justice in the facts of this case of a deliberate and calculated murder. Perhaps we would ......n not be said that there was any conviction or acquittal in force within the meaning of section 403(1) of the Code of Criminal Procedure or Article 35(2) of the Constitution. Such a trial does not bar a subsequent trial of the accused. But we find it difficult to accept the submission because it..Category: Constitutional Law | Date: | Hits: 109
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....zed Ali, the petitioners, who are claiming possession in the suit land along with defendants, are proper and necessary parties and their presence is necessary for adjudication of the suit completely and effectively; from the contents of Order No. 138 dated 25.4.1977 passed in the ......ot No. 1014 and .18 acres out of .43 acres in C.S. Plot No. 1016 and the aforesaid lands were recorded in the name of Sharat Chandra Barai in S.A. Plot Nos. 247 and 251 respectively; Satish Chandra barai got .11 acres of land from C.S. Plot No. 1016 which was recorded in his name in S.A. Plot No...Category: Property Law | Date: | Hits: 24
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informed that Md. Muslim died on 11.3.1972......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....und that the defendant have been in possession of the disputed land for more than 12 years as of right and by asserting hostile title against the plaintiff or their predecessor and that there was a complete ouster and thus the right, title and interest of the plaintiff which they alleged had acqu...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....llowed the appeal in a slipshod and perfunctory manner and the High Court Division also has misinterpreted the scope, object and purpose of section 106 of the Transfer of Property Act, 1882 causing complete miscarriage of Justice. 7. High Court Division made the Rule absolute holding that ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....ion of a trade mark consisting of the word 'Diploma' and accordingly, the same was registered in favour, of the appellant under Application No. 33243 of 11th August, 1991 for Powdered Milk in complete derogation of the provisions laid down in Sections 10(1) and 8(a) of the Trade Marks Rule......ers and customers have been complaining of low quality products manufactured and marketed by the appellant thinking the same as the products emanating from the respondent. This has caused an embarrassing and alarming situation for the respondent as the continuation of the present posit..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....urn is filed and the Deputy Commissioner of Taxes is not satisfied without requiring the presence of the person who filed the return or the production of the evidence that the return is correct and complete, he serves on such person a notice requiring him to appear before him on specified date o...... Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution of any criminal prosecution for offences punishable under Chapter XXI of the..Category: Fiscal/Taxation Law | Date: | Hits: 97
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....Basiruddin, the defendant No. 1 in favour of Nur Mohammad Khan with registered agreement to reconvey the land vide Ext-B of the same date, the transferee acquired the right to possess the land as a complete unfructuary mortgage and after repaying of the consideration money, the transferor got de......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....h he expressed his desire to make gift of his entire share to the defendant No.1 and that if for his illness he fails to make the gift it was direction to the surviving 2 wives and the 2 sisters to complete the deed and that Saleh having failed to complete the deed the said 4 persons execu......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..Category: Property Law | Date: | Hits: 37
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....a 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor A......ontested by the defendant No. 1 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit as framed is not maintainable, the suit is barred by limitation and barred by the provision of section 42 of the Specific Relief Act and bad f..Category: Property Law | Date: | Hits: 31
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