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Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....that his predecessor took settlement of the land in suit by the Amalnama (Ext. 'C') dated Magh 17,1338 B.S. In that view of the matter we are of the opinion the appellate Court was quite correct in holding that there was no basis for preparation of the M.R.R khatian in the name of the defendant N...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....d not at all controvert the above findings of the learned Trial Court as to taking pattan of the suit land by the defendant No.1. 6. As it appears the High Court Division discharged the Rule holding that the plaintiff No.1, who himself was examined as P.W.1, in his deposition admitted......ourt disbelieved the taking of pattan by the defendant No.1 in the year 1354 B.S, as in the year 1354 B.S, defendant No.1 was not even born and the High Court Division did not at all controvert the above findings of the learned Trial Court as to taking pattan of the suit land by the def..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....intiff used to live with his mother in her separate mess; the plaintiff is major and sui jures and for all practical purpose he had to live with his mother, brother and sisters and he has separate holding and he paid separate chowkidari tax of his separate holding and enjoying the suit property ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the Deputy Commissioner, Rajshahi.....Petitioner ..Category: Property Law | Date: | Hits: 26
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....dge and Artha Rin Adalat, Sylhet who allowed both the Miscellaneous Appeals by a single judgment and order dated 14,03.1994 and set aside the judgment and order of the learned Assistant Judge holding amongst others that the pre-emption was barred as there was sufficient evidence on record s...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ard the learned counsel, and perused the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that admittedly the earlier suit was filed within time in a court of competent jurisdi......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....appearing for the petitioner, perused the impugned judgment and order of the High Court Division and also other connected papers. 5. As it appears the High Court Division discharged the Rule holding that it is the case of the plaintiff respondent that she got admission into the B. Ed Cours...... Teacher and since then she was performing her duties with good reputation; she orally prayed for study leave for her admission to B. Ed course which was allowed and then she was admitted to a non-Government B. Ed college, Mymensingh and that since the class of B. Ed course used to be held in the..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....n the impugned letter that the land in question is part of Gulshan Lake and the writ appellant having not denied the said fact in their affidavit-in-opposition, the High Court Division erred in not holding that the case land is a part of Gulshan Lake. 10. It was further contended that the......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....arned counsel of the petitioner and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that there are serious contradiction in the evidence of P.Ws. as regard possession of the pl......ma facie possession of the defendant No.1 in the suit jotes and further the defendant No.1 sold 2.65 acres of land to Abdur Rahim and 7 others who are also in possession of their respective land. Moreover the defendant No.1 adducing 5 witnesses has succeeded in proving his title on the basis of unre..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... exhaust the statutory remedy before the customs authority, the High Court Division thus committed error of law in making the rule absolute. He lastly submits that the High Court Division erred in holding that the imposition of penalty was unauthorized, illegal and unwarranted and as a result th......2009) 466. ..Category: Business or Commercial Law | Date: | Hits: 163
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....o.FCC No.84 of 1989-90 on 03.01.1990 for realization of TK. 3,78,783.33 against the respondent claiming the same to be dues of Government. The Rule in the said writ petition was made absolute holding the impugned order issued by the appellant dated 26.07.1989 was illegal and further holding......ety. The respondent though paid rent for the year 1392 B.S. but could not go into possession and was given lease of the disputed fishery for 3 years from 1393 to 1395 B.S. on 15% enhanced rent over the rent of TK. 3,04,000.00. The respondent requested the appellant to adjust the amount alre..Category: Civil Law | Date: | Hits: 101
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....ushed to the Police Station at Bakerganj and lodged a first information report within 2 hours whereupon the police moved into action, and after completing investigation, sent up 20 accused persons holding respondent Num Mira for trial in the Court of Session. The learned Additional Sessio......hern bank of the khal at that time, shouted at them and dissuaded them from assaulting Amjad. At this the accused Mokhter and Sohrab discontinued the chase, but accused Nuru Mira continued, almost over took Amjad and hurled a 'teta' which brain substance came out. He fell down in the water of th..Category: Criminal Law | Date: | Hits: 44
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....bunal and a Rule Nisi was issued in writ petition No. 1637 of 1990. A Division Bench of the High Court Division, by its judgment and order dated 6.8.92, made the Rule absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two memb......n Appeal No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision ..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....nd Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with respondent No.2 who transferred the portion of the holding along with respon......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
.... of the Act a worker may be dismissed without prior notice or pay in Lieu thereof or any compensation if he is convicted, that the Labour Court as well as the High Court Division were wrong in holding that the appellant cannot dismiss the first party under section 17 without following the p...... 5. The second party (Jute Mills) contested the case by filling written statement contending that the case was not maintainable, that he was a worker under the petitioner mills and was governed by the provisions of the Employment of Labour (Standing Orders), Act, 1965 and as there is ..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....ot maintainable. The plaintiff must seek further consequential relief by way of cancellation of the deeds. This is by now an established law and the High Court Division clearly erred in law in holding to the contrary. 9. It was again wholly wrong for the High Court Division to observe......e lands for money. The plaintiff is also well aware of the process as to how land is sold and purchased. P.W. 1 admitted in cross-examination that defendant No.1 excavated a pond in the suit land covering an area of 5/6 kathas and also has a dwelling house, tube-well etc. upon the suit land. The..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....at the petition of complaint disclosed the alleged offence and that there is no abuse of process in the proceeding. 5. He further submits that the High Court Division committed error in holding that the notice in question was issued upon the respondent after the expiry of 15 days as ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..Category: Criminal Law | Date: | Hits: 42
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....ting seniority to respondent No. 4 on the basis of the aforesaid Rules and the Rules itself were impugned. By judgment and order dated 26 July 1992 the High Court Division discharged the Rule holding that the Rules in question was already found to be not ultra vires of the Constitution in th......f the said Rules. 3. The Appellant was selected by the Bangladesh Public Service (Second) Commission for appointment as Inspector of Customs and Excise under the National Board of Revenue, Government of Bangladesh and he joined the said post on 12.1.1973. He alleged that respondent Nos. 4..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....urned to his duty and consequently he being in service, the Biman acted illegally in accepting the letter of resignation of the respondent. The High Court Division was also not correct in holding that in the instant case there was no resignation in fact since the respondent did not......hy;not be said that respondent's prayer for withdrawal of the letter of resignation was accepted as there is no scope for withdrawal of resignation while the same was of immediate effect. Moreover, there is no provision in the Regulations for withdrawal of the letter of resignation pending ..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....rent places of work taking into consideration of the indication about the value already provided read with other information, if any. He further submits that the High Court Division erred in law in holding that the levy of customs duty on the basis of indicative value does not have any leg to st......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....7 at the house of Shafu Mondal and but in the said ceremony the accused petitioners, Lutfar Rahman (Badsha) Md. Shahidul Islam, Md. A. Kafi (Babu) and Mohammad Esak Ali demanded that for holding the marriage ceremony subscription of Tk. 20,000.00 in cash, has to be paid and eight maund......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..Category: Criminal Law | Date: | Hits: 97
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