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Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....pears that the right of adverse possession can not stand since the defendant claims that he took settlement of the land from his landlord but on his failure to prove his claim he can not raise the alternative plea. 8. The High Court Division held that on misreading of evidences and on con......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
.... of the Limitation Act provides for dismissal of a suit if filed beyond the period of limitation. Admittedly the suit having field beyond the prescribed period of limitation there is no other alternative but to dismiss the suit as barred by limitation. The High Court Division on considerati...... of sale and as such, the judgment and order passed by the High Court Division is liable to be set aside. 6. It is apparent that the suit was filed on 06.05.1995 wherein the plaintiff made a prayer under Order 39 rule 1 of the Code of Civil Procedure for restraining the defendants. The pla..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... could not avail it but however he, under the scheme and policy of the Government, had been diligently pursuing the matter for releasing the above property from the malafide requisition and in the alternative to have a plot of land for his rehabilitation as recommended by the respondent No. 3 in......t; which cannot be contemplated as public purpose as required under section 3 of the Emergency Requisition of Property Act, 1948 and the respondent No.5 having rejected the above prayer, he preferred Miscellaneous Requisition Case No.151 of 1978 before the Division..Category: Property Law | Date: | Hits: 50
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....horized to choose a persons, herein respondent No.2, and to grant licence to him to exhibit motion picture film on the ground mentioned in the order dated 19th November, 1998. The learned Counsel has alternatively submitted that the respondent No. 1 in making the office order dated 19th November, 19......rein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office of the Deputy Commissioner, Gazipur (Annexure-T to the writ petition) rejecting petitioners prayer for license to exhibit motion picture film in Capri Cinema Hall, Gaizpur, Tongi and that gran..Category: Civil Law | Date: | Hits: 128
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......with 60(3) have no manner of an application in a suit which was filed prior to the promulgation of Artha Rin Adalat Ain, 2003 and accordingly the order passed by the Artha Rin Adalat rejecting the prayer of the defendant-petitioner is in accordance with law. 5. The High Court Division reli..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......Court for permission to draw some termination benefits without prejudice to their legal claim for reinstatement. By an order dated 21-10-2003, the High Court Division was pleased to grant the prayer. 11. After hearing both parties, the High Court Division was pleased to make the Rule..Category: Employment/Service Law | Date: | Hits: 64
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......llenging the said order dated 13-6-2002 one Abdul Halim, a member of the dissolved Governing Body, filed Title Suit No. 18 of 2002 in the Court of Assistant Judge, Brahmanpara, Comilla with a prayer for an order of temporary injunction along with an order of ad-interim injunction and by ord..Category: Others | Date: | Hits: 270
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....n that the situation differs from that which was taken for granted at the time of hearing of the appeal or the petitions for leave to appeal the decision in a review petition may be different. But no alternative situations were presented before us at the hearing of the review petitions. On the oth......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......itle Suit No. 19 of 1991 of the Court of the Additional Assistant Judge, 3rd Court, Dhaka and 2.2.91 was fixed for written statement. On that date the plaintiff did nit file any hajira, but on the prayer of the defendant 12.2.91 was re-fixed for filing the written statement, which the defendant ..Category: Procedural Law | Date: | Hits: 87
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
.... writ of mandamus upon the respondent to restore the appellant, as ordered by the Government, to the office of Accountant in the Pay Scale of Rs. 500/- to 700/- with usual allowance or in the alternative to place him as a Branch Manager of Multan Co-operative Bank Limited in the pay scale o......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....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. ......is petition for leave to appeal is directed against the judgment and order dated 27 August, 2008 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No. 2 of 2008 rejecting the prayer for stay of further proceedings of the Execution Case No. 2 of 2007 now pending before the A..Category: Administrative Law | Date: | Hits: 92
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ...... 2. The petitioner filed the aforesaid writ petition impugning the order being Nothi No. 3(115)/Ka:Ma:Pra:/ 2000/475 dated 30.9.2001 of the National Board of Revenue rejecting the writ petitioner’s prayer for exemption to deposit 20% of the disputed tax at the time of filing appeal before the Taxe..Category: Fiscal/Taxation Law | Date: | Hits: 125
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......;The High Court Division, in our opinion, has not committed any error of law which calls for interference except that the relief as to 'arrear salary' was uncalled for as there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respon..Category: Employment/Service Law | Date: | Hits: 83
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......Moshfiqur Rahman, Vice- Chairman of writ-petitioner to show cause as to why disciplinary action should not be taken against him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Ru..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......be open to the appellants to agitate the matter in the proper forum" (see para 34 of the report)." 7. In this context the plaintiff brought the suit with the aforementioned prayers contending that the preparation of the compensation assessment rolls in respect of the..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....angladesh Passport Order, 1973 and sustainable in law and whether the High Court Division was wrong in holding that the writ petition was not maintainable as petitioner did not avail himself of the alternative remedy as provided in the Bangladesh Passport Order, 1973. 9. Mr. Rafiqul Huq, learne...... by the High Court Division filed a provisional application for leave to appeal against that judgment and order and prayed for staying operation of the same but this Division on 20.4.2000 refused the prayer. But thereafter regular leave petition was filed by the Government and the judgment of the Hi..Category: Constitutional Law | Date: | Hits: 208
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... a transfer made to a co-sharer in the Tenancy whose existing interest has accrued otherwise than by purchase. It appears that the disputed transfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail. The pre-emptor appellant failed to prove that the Heba deed was ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......rties to the suit for specific performance of contract by being duly substituted of the deceased brother. 8. Mr. Fazlul Karim, the learned counsel submits that the courts below rejected the prayer for pre-emption on consideration of the facts that the pre-emptor respondents were duly subs..Category: Property Law | Date: | Hits: 35
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....; তাং ৭/৬/৯২-২৭.২.৯৯ the functions of the Board being stayed by the Government the plaintiff respondents having no other alternative felt constrained to file the suit for declaration sought for by them which in fact......he High Court Division has kept open the subject matter to be decided in the present suit in deciding the Writ Petition No. 1465 of 1991...........The original Court having disallowed the prayer for rejection of the plaint by a judicial order in exercising of his discretion, I think, I..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... a last minute effort to salvage the impugned judgment of the High Court Division arguing that the appellants' suit for setting aside the decree of the partition suit is not maintainable without a prayer for establishment of their title. Evidence shows that they have got title as well as po..Category: Property Law | Date: | Hits: 40
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