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Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......st Court, Dhaka in respect of the self same property and the said suit having been dismissed, the High Court Division was in erred in law in decreeing the present suit which was barred by the principle of res judicata. 10. Mr. T. H. Khan, the learned Counsel appearing for the plainti......the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government O......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ...... the disputed document without at all considering the reasoning given and findings made by the court of appeal below in that behalf and without reversing such findings and that in view of the principle of law laid down by this Division as to inadmissibility of oral evidence to construe a do......d the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transaction upon showing exchange of 'ka' schedule land in favour of pre-emptee for 'kha' schedule land in favour of the respondent No. 4. It was the positive case of the pre-empt......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......en treated as the First Information Report and not the information made on 25.4.1998 and so the information made on 25.4.1998 should have been kept out of consideration of the Court, in view of the principle laid down in 1 MLR (AD) 248, since admittedly there existed hostile relationship bet......er having dinner, they brought back the victim to the house of the petitioner. On 23.4.1998, at about 5-00 a.m. Fuljhuri, the wife of the brother of the petitioner, went to the house of informant and informed that the victim Balika could not be traced. The informant then rushed to the h......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......on committed an error of law in holding that the impugned order dated 24.11.93 is arbitrary and discriminatory. He next submits that the High Court Division failed to notice that by no principle of service jurisprudence, a period out of service resulting from voluntary resignation c......way, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......plaintiffs are out of possession and thus neither title nor possession of the plaintiffs having been proved, the High court Division erred in law in decreeing the suit against the well-settled principle of law that the plaintiffs must prove their own case and cannot succeed on the weakness, ......e died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people hav......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..Category: Property Law | Date: | Hits: 29
Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)
....the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......an, Deputy Attorney General, instructed by Md. Ahsan Ullah Patwary Advocate-on-Record-For the Petitioner (In both the Cases). Not represented-Respondent (In both the cases). Civil Petition for Leave to Appeal Nos. 519-520 of 2001. (From the judgment & order dated October 31, 2000 p......imported goods as termed by the customs Authority "load value". 3. The Rule was contested by the Respondents contending that the value, called 'load value' fixed by the customs was the result of determination of normal value through elaborate process. 4. The High Court Division made the Ru..Category: Fiscal/Taxation Law | Date: | Hits: 84
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......rator though not a civil court, but sits as an alternative forum for resolution of the dispute brought by the parties before him and the arbitrator impliedly possesses the power of section 34. The principle of section 34 of the Code of Civil Procedure applies by way of analogy to an arbitra......1994 of the Arbitrator Md. Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......o rule was issued in W. P. No.798 of 1990 in respect of the prayer of the respondents challenging the sale deed dated 9.11.1989 W. P No. 4127 of 1992 challenging the self same deed is barred by the principles of constructive res judicata. 7. On the other hand learned Advocate for the responde......27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ed Appeal No. 55 of 1995 and the respondent preferred appeal No. 58 of 1995. The Administrative Appellate Tribunal held that the government's contention that the respondent's case is barred by the principle of estoppels is not correct because by the respondent's conduct the Government was not l......egal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said cas......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......d circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting and refusing the amendment. 8. We have hear the learned lawyers o......s been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Cla......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......cancelled. 3. The respective writ petitioners challenged legality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also ......been allotted. It was also the case of the respondents No.1 that signatures appearing in the papers relating to the allotment were denied by the concerned officials upon affirming affidavit before the Notary Public. 5. At the time of hearing of the writ petitions it was submitte...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......nd order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6858 of 2000). Judgment Mohammad Fazlul Karim J.- This appeal by at the instance of the informant appellant was to consider the submissions as to (i) whether the Court Division is competent ......ons Judge and as such the said confinement is on the very face of it is illegal, (ii) whether a detune who is a minor can be kept in confinement for an indefinite period by a court for the purpose of determination of majority or minority on conclusion of trial, which is not warranted by law and is i..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ...... 2 is Nur Jahan, a neighbour of the informant and P.W. 3 is Rupban, the wife of informant and P.W. 4 is the Investigating officer, the Sub-Inspector of Pallabi police station. 5. It is the settled principle of law that only when a conviction and sentence is passed against a particular accused by ......ial Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonment for o......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......able in his case. The civil courts; hands are not tied up in such matters. In such a situation inherent right of the court has been recognized by section 151 of the Code. The result of applying the principle of the said section to case which comes before the court is that the court has to make su......t fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declara&sh......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ty of the plaintiff and had never been part of lake; that the defendant approved the plan in due course but subsequently, without giving any notice withdraw the same which is violative of the principle of natural justice; that as the suit land not being the part of the lake the order passed......nt District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......illegally in decreeing the suit by setting aside the judgment and decree of the appellate court below without adverting to any material evidence on the point. He lastly submits that it is a settled principle of law that a co-sharer has right, title and interest in every inch of land. When the plai......nstructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. A.K.M. Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1423 of 2007. (From the judgment and order dated 16.5.2007 passed by the ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ..Category: Property Law | Date: | Hits: 26
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ffs left no stone unturned in acquiring the suit property. It is the case of plaintiffs that they possess the suit land but the recent record of rights has been wrongly prepared. It is settled principle of law plaintiff is to prove his own case and it is also not denied that number of witne......wyers Involved: A. K. M. Shafiqul Alam, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to Appeal No. 604 of 2006. (From the judgment and order dated 10.03.2004 passed b......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......f Evacuee Property) Act, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of natural justice. Lastly, he contended that the sale of agricultural land was prohibited...... Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under sec......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......Constitution was suspended in view of the state of emergency existing in the country. 11. M. Amirul Islam on the other hand with reference to and emphasis on the preamble, fundamental principles of state policy as contained in Articles 8(2), (15) and 19 and the fundamental rights in......ereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 as of no legal effect being unconstitutional. 2. The respondent Nos.1-6 filed the aforesaid writ petition No.10238 of 2006 challenging the vires of the impugned No......ation. 16. In the case of Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19 the writ petitioners filed six writ petitions challenging the vires of the Bangladesh Ad-hoc Appointees (Counting and determination of Seniority) Rules, 1990. The said rules provided for fixing the seniority of t..Category: Employment/Service Law | Date: | Hits: 122
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......n recognized and acted upon has matured into Constitutional Convention and is now a constitutional imperative. 2. Such consultation is inherent in our Constitutional scheme and is ingrained in the principle of independence of judiciary being essentially the basic structure of our constitution emb......ition No. 2046 of 2008) M. Amirul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent Nos. 2-3. (In Civil Petition No. 2056 of 2008) Civil Petition for Leave to Appeal Nos. 2221-2222 of 2008. With Civil Petition Nos. 2046 & 2056 of 2008......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
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