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Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... the plaintiff's father and as such claim of the plaintiff in respect of the land in suit is baseless, that the suit land has been recorded in the name of the Government in khas khatian No.1, that trial Court having had held that the plaintiff has failed to prove his title and..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light 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. ......hy;ing the material averments made in the plaint and stating, inter alia, that the land in suit was never the land of the plaintiffs, that land measuring 66 decimals of plot No. 73 listed in S. A. khatian No. 2 went under water in 1335 B. S and that at the time of preparation of S.A. record the ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......1 and 2 by filing written statement denying the material averments made in the plaint and stating inter alia, that Jairuddin was korfa tenant under Kuran Mondal in respect of the land of C. S khatian no. 409 of Mouza Rajarampur, that Jairuddin surrendered his korfa tenancy by a Tstafanama' ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....cted against the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease from the Government.......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
.... The vital point for consideration in this appeal is whether the Managing Director of the Bank was the competent authority to issue order of compulsory retirement of the respondent No.1. It is not disputed that the order of promotion of the respondent No.1 to the post of Deputy General Manager w......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....e learned Counsel for the appellants and Mahbubey Alam, the learned Counsel for the respondent No. 1(Kha) and have pursued the judgment of the High Court Division and the record. 6. It is undisputed that the suit land and other lands belonged to Basanta Kumar, Haladhar and Bharat Chandra ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....n determined by the Government. But subsequently to the utter surprise of the respondent it was notified for the auction sale on 13.7.1985 giving rise to the cause of action of the suit. It is not disputed that the plaintiff has been residing in the suit building since 1968 and at his instance t...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....te Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7. The learned Counsel for the appellant submits that undisputed position is that the Respondent No.1, plaintiff in the suit, Other Class Suit No. 41 of 20......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....hereafter, the present suit was filed. 3. The defendant Nos.1 and 2 by filing a joint written statement denied the material allegations made in the plaint and contended, inter alia, that the disputed land was in the bed of river Jamuna which was a navigable river during the C.S. operation ......ourt decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the land was recorded in the khas khatian of various landlords. The river having had silted up the landlords gave pattan of 2.50 acre..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....ong for fresh hearing and then as per direction of the Appellate Tribunal the parties submitted documents in support of their respective cases waiving formal proof thereof as the documents were not disputed and the said case was then heard afresh and after hearing by judgment and order dated 29....... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....d to hand over possession of the property to the claimant, the Respondent No.3, upon evicting its allottee. 5. It may be mentioned that ownership of the property by the Respondent No.3 is undisputed one. It is the case of the appellant that since he is mortgagee in respect of the property......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......efendant No.1 filed Title Suit No. 626 of 1975 in the Court of Munsif, by Bahar Ali upon obtaining settlement in Chuadanga, seeking declaration of Titles and for a further declaration that the S.A khatian as regard the land of the said suit (which is the subject matter of the Title Suit No. 30 o..Category: Property Law | Date: | Hits: 48
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 113
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....t is a partnership, has the respondent been released from the contractual obligation? If it is a proprietorship he is disqualified from contesting the election under the law. Certain facts are not disputed namely, that the respondent obtained the contract in the name of the firm M/s. M. Rahman an......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....0/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meaning of section 7(2)(g) of the Union Parishad Election Ordinance. 5. Certain facts are not disputed namely, the amount of loan was Taka 10,000/- and the repayment of the loan was to be starte......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ivision, Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands would prejudicially affect the respondent as it would alter the nature and characte......981 claiming pre-emption as a co-sharer of the holding. In the meantime he has, however, filed a Mutation Case No. 63 of 1977-78 for separation of his interest in the holding by creating a separate khatian, which however is still pending. 5. Respondent contested the pre-emption proceeding by ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
.... date of the decree and says that if a decree is silent with respect to such interest the Court shall be deemed to have refused the same, and a separate suit therefore shall not lie. 13. It is not disputed that the decree in the present case speaks of interest @ 15% per annum till realisation on ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....05 where the above observation was noted with approval. That case arose out of a proceeding under section 26F of the Bengal Tenancy Act, 1985 and has got no relevance in this case. 12. It is not disputed that the Bangladesh House Building Finance Corporation has been brought under the Administr......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....he plaintiffs. The learned Munsif came to the conclusion that notice under section 5(1a) and 5(3) of the said Act were not served on the plaintiffs and as such there was no valid acquisition of the disputed property. 4. Against the said judgment and decree the defendant-appellants preferred......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
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