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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. ......gh Court Division in Writ Petition No. 3773 of 1996, 2746 of 1997 and 3834 of 1999). Judgment: MM Ruhul Amin J.- These certificate appeals are from the judgment and order dated 14-7-2003 passed by the High Court Division in Writ Petition Nos....... 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. ...... 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. ..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. ......er accordingly, moved this with this application. 5. Mr. AJ Mohammad Ali, the learned Counsel appearing for the petitioners, submits that the nature and character of the suit being changed from a simple declaratory suit to a suit for declaration and recovery of money by way of consequen......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. ......se (e) of Article 88, the executing Court on the basis of rules 52 and 55 of Order XXI, the Code of Civil Procedure read with Articles 71 and 72 of Bangladesh Bank Order, 1972 the appellant to pay from the Consolidated Fund the decretal dues to the account of the Advocates of the respondent No.1...... 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. ...... 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. ......reconveyed is possessed by the original owner, in that situation the prayer for preemption would not be allowed or, in other words, preemption would not be granted. 15. In the instant case from the materials on record it is seen that genuineness of the agreement for reconveyance has been...... 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. ...... 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)
..... 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 and on his death opposite party (in the Miscellaneous case) Nos. 3-10 inherited the property, that Mod Mia and his brother Lokman purchased .26 acre of land of plot No. 2125 of Khatian No. 1151 from Jogendra Chandra Saha and he also transferred .13 acre of land of the aforesaid plot to the pr...... treated as a sham and colourable transaction. 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 appell....... 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. ......arties, that the defendants on the basis of the decree obtained in Title Suit No. 43 of 1978 got their names mutated in respect of the land of sub-plot No. 203/31, that the plaintiffs came to know from the Revenue Officer, that on obtaining the certified copy of the plaint and the decree it was ......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)
....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. ......ute setting aside the aforesaid order dated 26-6-2000 of the learned District Judge, Dhaka and directed the learned District Judge to dispose of Miscellaneous Case No. 668 of 1998 within two months from date of receipt of the order. 6. Hence is this petition. 7. In support o......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. ..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. .......O. No. 16 of 1972), Article 10 Tenancy right of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned validly and legally transferred the premises, the petitioner’......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. ......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....... declaration that the ex parte decree dated 13-10-1993 passed in Other Suit No. 98 of 1985 is illegal, void, collusive and not binding upon him. 7. His case is that he purchased the suit property from Messrs Haji Hashem and Haji Ahmed Brothers at a consideration of Taka 2,00,000 on the basis of ......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...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. ......opportunity. The pre-emptees did not supply the names of the persons whose names he put to the pre-emptor 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 raisin......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......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 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. ......sh, which reflects the Republic's commitment to keep high the notion of fairness in the administration of justice, fully and conspicuously hoisted, one sergeant, Shoaibur Rahman culpably abstained from saluting the sacred flag of the Supreme Court, while immediately beforehand, he did, ove......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. ......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)
.... 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. ......llows: Fixed Deposit Receipt No. 0003552/2344 dated 27-8-1987 Taka 3,45,000 Interest from 27-8-87 to 26-8-99 @ 13.23% quarterly &n...... 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. ...... 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. ...... run as under: "2. Learned Senior Counsel for the petitioner Mr. Khondker Mahbubuddin Ahmed went to Gopalganj in the afternoon of Thursday the 2nd February, 2006 and returned from Gopalganj around 9-00 PM on 4th February, 2006 and received a "confidential and urgent l......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. ......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)
...., 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. ......e decision in the case of Nur Muhammad vs. Moulvi Mainuddin Ahmed in 39 DLR (AD) 1 which has also been referred to by the learned Counsel appearing for the appellant. 13. Taking clue from the decision, Mr. Karim submits that under section 9 of the Code of Civil Procedure the Civil ......, 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. ......, 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)
....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. ...... 2. The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that th......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. ..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. ......er and that while defendant and his nephew were taking away the kabala plaintiff's wife raised alarm and thereupon neighbours came and the incident was narrated to them, that on plaintiff's return from bazar his wife narrated the incident to him and stated names of the persons who came immediate......by the defendant was taken away from the house of plaintiff when he was not in the house or, in other words, stolen by the defendant. It may be mentioned the appellate Court considered PWs 2 and 6 independent and disinterested witnesses and also noticed the fact that said witnesses i......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. ......n ascertained amount of Taka 37,000 and it was claimed by the pre-emptee that for discharge of the dower-debt of the aforesaid amount the transfer was made in her favour by her husband. It is seen from the deed in question that therein an amount of Taka 1,000 has been mentioned and it has been s...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ...... 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)
....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. ......or Respondent No. 1. 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 Pet......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. ......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)
....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. ...... as mentioned in section 3 of the Act and the BTRC is the sole and exclusive authority to grant such license necessary for the purpose in the manner as provided in the Act and no separate licence from the Ministry of Information would be necessary for the matters mentioned in section 3 of th......he law is designed to regulate the possession of Wireless Telegraphy apparatus in Bangladesh. And the Preamble of the Act of 2001 is as under: “An Act to provide for the establishment of an independent commission for the purpose of development and efficient regulation of the telecommunic......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)
....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. ......e case land under section 96 of the State Acquisition and Tenancy Act claiming a contiguous land owner in respect of the case land transferred by respondent No.2 by kabala dated 28th October, 1979 from respondent Nos. 1 and 3 at a consideration of Taka 7,000. The case was filed within the statut......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. ......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
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