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Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....side the judgment and order dated October 7, 1987 passed in Settlement Case No. 526 of 1987 (ka-1005 Mirpur Section 1 and 2 ) Holding No. 2-E/5-2 Mirpur, Dhaka. 3. Facts, in short, are that case holding was leased out on October 26, 1962 to one S.K. Rezvi, who died in 1965 leaving behind wife B......n is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....e and the facts of the case, the impugned judgment of the High Court Division rejecting the prayer for amendment cannot be supported. The High Court Division fell into an error, they submitted, by holding that the nature and character of the suit were changed by making it also a "suit ......application for amendment of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed share in the ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....hy;ing the Rule absolute. 2. The short fact leading to this petition is that respondent Mst. Shiuli Begum filed Case No. 16 of 1987 in the Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Governm......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant ..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
.... of notice to show cause before cancellation of license being applicable only in case of Nikah Registrar who has been issued license under the aforesaid Rule 5(4), the High Court Division erred in holding that cancellation of license of the respondent No. 1 is not legal for want of notice of sho......lirchar Union and in any view of the matter quoting of a wrong section in no way give a different meaning to the contents of the order itself which the High Court Division failed to consider; the Government having not yet granted license under Rule 5(4) of Muslim Marriage and Divorce Rules, 1975..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....urbing the defendant respondents permanently from disturbing the peaceful possession of the plaintiff and her enjoyment of the suit land. 3. Plaintiff's case, in short, is that the suit holding belonged to Sheikh Piru who was the owner the land of C.S. Khatian No. 639 bearing the suit...... 4. Jonab Ali executed another kabuliat (ext. 5A) in the year 1974 in favour of the plaintiff as he was bargader of the plot; The plaintiff mutated her name and has been paying rent to the government (vide Ext. 8 series); Plaintiff has been in possession; The defendants claiming them as t..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....rges and that Enquiry officer held enquiry in presence of the respondent No. 2 and afforded him all opportunity to cross-examine the witness and also to defend him that Labour court was in error in holding that the complaint case was maintainable since there was sufficient materials on recor......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....reinbefore. 8. As against the judgment and order of the High Court Division the writ respondents came with petition for leave to appeal contending that the High Court Division was wrong in holding that on the date of opening of the Letter of Credit the writ petitioner acquired vested rig...... 2007. Cases Referred to- Collector of Customs Vs. A. Hannan42 DLR (AD) 167; Collector of Customs Vs. Ahmed Hossain and 39 others 48 DLR (AD) 1995; BLC (AD) 13; Mostafizur Rahman Vs. Government of Bangladesh and 6 others51 DLR (AD); Bangladesh and others Vs. Mizanur Rahman 52 DLR (..Category: Fiscal/Taxation Law | Date: | Hits: 74
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....e B.A.R.I. authority already prepared working paper to promote Mr. Md. Mostafizur Rahman, Assistant Director (Common Service) in the post of Senior Assistant Director (Administration) who has been holding the said post by current charge. In this regard B.A.R.I. invited a Departmental Promotion C......rit petitioner accordingly joined his original post i.e. Senior Assistant Director (Administration) B.A.R.I. after taking final release order from the Sher-E-Bangla Agricultural University handing over charge on 17.3.2005. The said joining report of the writ petitioner was accepted by the Direct..Category: Employment/Service Law | Date: | Hits: 89
Simon Singh Vs. State, 2008, 37 CLC (AD)
....ation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and......came to the file of the learned Sessions Judge, Sylhet, who on the basis of materials available on record, framed charge against the accused-petitioner under Section 302 of the Penal Code and read it over to the accused on dock, who pleaded not guilty and demanded trial. 6. The prosecution examin..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ted that the impugned order dated 25.2.1988 is in keeping with the policy and decision of the Government as mentioned in the said memo dated 15.12.1985 and the Appellate Tribunal was wrong in holding that the statement in the impugned order that the respondent was not a 'surplus' officer wa......ty Attorney General that certain relevant documents which were produced then could not be produced in the Tribunals below through inadvertence. He submitted that had all these documents which are Government's orders and memos issued from time to time were considered by the Tribunals below then t..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....ting civil suit between the parties, RAJUK could temporarily suspend the construction under the plan. 7. Leave was also granted to consider whether the High Court Division was wrong in not holding that the sanctioning authorities usurped the power of the civil court and wrongly susp...... was sanctioned respondent No. 4 filed an objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....o. 105 of 1997 before this Division against the impugned judgment of the High Court Division. After hearing the parties this Division allowed the same by its judgment and order dated 7-12-1998 and holding inter alia, that the deposit in question made by the present respondent No. 2-SABINCOisaloa......desh of Bank of Credit and Commerce Industries hereinafter be called BCCI were vested in the petitioner after reduction and adjustment, and subject to the terms and conditions of the Scheme or the Government order. According to the Scheme, the petitioner succeeded only to the liabilities of BCCI..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....of 1991. The appellant did not contest the above case before the Administrative Tribunal. After hearing by judgment and order dated 14.2.1996 the Administrative Tribunal dismissed the case ex parte holding that allegations brought against the respondent have been proved in the enquiry and there w......also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....ration and on the contrary he showed allegiance to the Government of Pakistan and so his two years ante-dated seniority was cancelled. 4. The Administrative Tribunal dismissed the case holding that respondent No.1 was not a freedom fighter and so the appellant did not commit any ille......prayed for extension of his leave on medical ground by sending letters and telegram and also prayed for allowing him to join in the Ordnance Factory at Gazipur by expressing his allegiance to the Government of Pakistan and further, the father of respondent No.1 also sent petition seeking mercy o..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......ation ledged an FIR on 2.3. 1998 stating that he along with other members of the team headed by Mr. Akhtaruzzaman, Magistrate, 1st Class, Gazipur, raided the house of the appellant and on search recovered 600(six hundred) Kgs of salt of various types from the house of the appellant and he then p..Category: Criminal Law | Date: | Hits: 70
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
.... not to have proceeded with the application under Section 476 of the Code of Criminal Procedure and also the submission that the High Court Division had no jurisdiction to pass an observation holding that the respondents may lodge an F.I.R. with Ramna Police Station if so advised against th......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....rney in the instant case. 5. The succession certificate was granted by the District Delegate. The judgment and order granting succession certificate was set aside by the High Court Division holding primarily that no succession certificate could be granted of those ornaments as those were ...... (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. C..Category: Property Law | Date: | Hits: 39
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was ...... 1994. the plaintiffs terminated the tenancy by serving notice under section 106 of the Transfer of Property Act effective from September 1994 and requested the defendants to hand over vacant possession of the premises but they failed. 3. The defendants contested the sui..Category: Property Law | Date: | Hits: 23
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....lant filed the said Election Petition before the High Court Division for declaring him as an elected Member of the Eighth Jatiya Sangshad form the Constituency No. 284, Chittagong-6 (Rauzan) after holding that the Election of the respondent No.1, A.B.M. Fazle Karim Chowdhury as void because of i......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....of the court to compare and scrutinize the disputed signatures with the admitted signatures under provision of section 73 of the Evidence Act but the appellate Court has fallen in an error in holding that such comparison of the disputed signatures by the Court along with the admitted signat...... the plaintiff's paternal homestead from the plaintiff's brother son Nagendra Chandra Sharma and by constructing hut thereon encroached the plaintiff's boundary in the said homestead plot that over the said incident a local salish was held, and in that salish defendant No.1 disclosed that sa..Category: Property Law | Date: | Hits: 27
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