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Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant No. 2. is the Managing Director thereof holding majority shares, that the appellants used to carry on the business of exhibition of Cinema......lendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, represented by Secretary, Ministry of Industries and another......Category: Property Law | Date: | Hits: 39
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....ore it cannot be said that Sheikh Bagu was in any way bound by the transaction by the kabala in question. The learned Judges of the High Court Division have therefore misdirected themselves in law in holding that Sheikh Bagu must have notice of the sale of the disputed land to Abdul Barek and others......yan on 18 March 1935. S.A. Khatian was, however, prepared in the name of Sirajuddin Bhuiyan. Sirajuddin Bhuiyan and Mokbul Bhuiyan constructed their huts on the northern side of the 'A schedule land covering about .06 acre and remaining .05 acre of the land described in schedule 'B' was an open spac..Category: Procedural Law | Date: | Hits: 36
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
.... case. As against that the above heirs of Md. Hanif moved the High Court Division and obtained Rule in Writ Petition No. 321 of 1989 and the High Court Division, after hearing, discharged the Rule holding, inter alia, that the above heirs failed to rebut the presumption regarding the abandoned c......above case, and his other two sons Shamsul Huq and Aynul Huq, the petitioner Nos. 3 and 4 in the above case who are the appellant Nos. 2 and 3 herein, were born in Bangladesh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh wit..Category: Property Law | Date: | Hits: 30
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....rative Tribunal No.1, Dhaka till disposal of the Miscellaneous Appeal No. 2 of 2008. 2. The Administrative Appellate Tribunal on consideration of the materials on record rejected the prayer holding that there is no provision either in the enactment or Rule of the Administrative Tribunal A......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....t forest and as such in view of the provision of sub-section (2)(a)(iii) of section 20 of the State Acquisition and Tenancy Act, 1950 the learned Judge of the High Court Division erred in not holding that the Title Suit No. 160 of 1966 was not maintainable and thereby the ex parte decree da......nd Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No. 146 of 1977). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the Government plaintiff appellant, is from the judgment and decree dated 20.6.88 passed by a learned S..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....finding committed any error of law resulting in an error in the decision occasioning failure of justice, and the last submission that the High Court Division committed an error of law in holding that the application under order 9 rule 13 of the Code of Civil Procedure is barred by......ura Khatun and others…….....Appellants. Vs. Abdul Wahab and others............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh represented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Ch..Category: Property Law | Date: | Hits: 26
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.... respondent No. 2 the Labour Court rightly set aside the impugned order of discharge. 7. Leave was granted to consider whether the learned Judges of the High Court Division were justified in holding that for discharging a worker under Section 16 of the Act, notice under Section 18 thereof ...... for the appellant submits that under the Act the employer has an authority under Section 16 of the Act to discharge an employee for physical or mental incapacity or continued ill health. Moreover, before exercising such authority the employer gave sufficient notice on 20.8.89 to respondent..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....relevant time supported by documentary evidence Ext. 7 (permission given) by the Waqf Administrator to give long term lease) the High Court Division misconstrued the evidence of P.W 2 and erred in holding that he was not Mutwalli of the Dhaka Nawab Waqf Estate at the relevant time. Secondly he s......t No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant N..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....t by Lala Ram Sankar Roy escheated to the Government and the Government not being a party to O.C. Suit No. 35 of 1969 the learned Judges of the High Court Division fell into an error of law in not holding that the property in suit belonged to Sarna Kumari who executed the agreement for sale with......ant No.2 as heir of Sarna Kumari and on the basis of the said bainapatra got an ex parte decree. The plaintiff was in possession of the suit properties through tenants and title of the plaintiff - Government to the property in Suit was clouded by the said decree and the sale deed. Hence the suit..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....Both the writ petitioners obtained a Rule Nisi in their respective writ petition. The learned Judges of the High Court Division made the Rule absolute by a common Judgment and order dated 9.7.1993 holding in so far as writ petition No. 648 of 1987 is concerned that the Government was not fo......nstitution Challenging the enlistment of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on ..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....t-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served t......ent of outstanding dues will be disposed of after the final decision by the Commerce Ministry. On the outstanding given by the writ respondents regarding his arrear pay, the writ petitioner handed over charge to the Economic Counselor of the Bangladesh Embassy in Rome on 6.7.1989 and 7.7.1989. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....the writ-petitioners. 4. A Division Bench of the High Court Division heard all the writ petitions together, but by separate judgment and order made the Rules absolute, as already mentioned, holding, inter alia, that the corporation having failed to pay finally all dues of the writ petiti......count of the leave salary was not paid to them. For such dues the Corporation have written to the concerned Ministry for necessary instructions and guidelines, which is under consideration of the Government. The appellant Corporation did never refuse to pay such benefits to the writ petitioners ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... under sub-section (I) of section 3 of the Act, but the provincial Government had not exercised the right of possession over such interest the mutawallis, shebaits or trustees, as the case may be, holding such interests on the date of acquisition, shall continue and be deemed to have continued t......ny manner with the plaintiff's possession in the wakf properties described in schedule Nos. 1 and II in the plaint. 3. The background of the case is this: On 2 April 1956 the then Government of East Pakistan issued two notifications in respect of each district of the Province, o..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....e application for registration of the appeal. A Division Bench of the High Court Division by an order dated 18.7.96 rejected the said application of the appellant as well as the Memo of appeal holding, inter alia, that half of the decretal amount having not been deposited within time by the ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
.... fide. The High Court Division by the impugned judgment and order summarily dismissed the Writ Petition. 8. The leave was granted to consider as to whether the High Court Division was wrong in not holding that seizure/impounding of the passport was violative of Articles 31 and 36 of the Constitut......y J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwant Singh..Category: Constitutional Law | Date: | Hits: 208
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....eba deed in favour of plaintiff respondent No. 1 was acted upon and the same was created to defeat the right of pre-emption of the appellant. Secondly, whether the pre-emtee was a co-sharer in the holding otherwise than by purchase, and the pre-emtion proceeding would fail as it sought for a par...... of the appellant submits that the said deed of Heba was created for the purpose to defeat the claim of pre-emption and the Heba deed was never acted upon inasmuch as no possession was handed over to the respondent No. 1. The learned Advocate further submits that since Heba deed was not act..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... such there was no occasion for her to compromise the Title Suit No. 616 of 1969 filed by the defendant No. 1. 12. The High Court Division set aside the judgment of the Court of appeal below holding plaintiffs suit was bad for defect of parties i.e. for non impleading the persons whose nam......6 of 1969 was filed and the same was decreed on compromise in terms of the solehnama, that defendant No. 3 earlier filed Title Suit No. 199 of 1962 against the defendant No. 1 and others seeking recovery of possession in respect of the land in suit but the same was dismissed for default. It ..Category: Property Law | Date: | Hits: 37
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ereto he cannot challenge the decree. We find it very difficult to get to the logic of this argument set forth by these courts particularly, the learned Single Judge of the High Court Division, in holding that the appellant's suit far setting aside the decree passed in the partition suit is not ......observed: "But in the present case it is not a partition suit but is a suit for declaration that the sale-decree passed in the partition suit is not binding upon the plaintiff; moreover the plaintiffs could not show that in the present suit there is any defect of party." ..Category: Property Law | Date: | Hits: 40
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....een permitted to use the pathway which runs over northern portion of the suit land which is partly paddy land and partly garden. 9. The learned Munsif on consideration of evidence decreed the suit holding, inter alia, that the defendants contracted to sell the suit land in 1963 and it was a genui....../00. Subsequently, it came to light that there had been some mistake in the record of right of the land contracted for sale and accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lands to the plaintiff. It was agreed upon bet..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....ffairs of the deity as defacto Shebait and the case land was correctly recorded in the name of the Deity represented by the defacto Shebaits. The learned Munsif allowed the application holding that the appellants have been possessing the land by way of adverse hostile possession for ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
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