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Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......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..Category: Procedural Law | Date: | Hits: 36
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ...... 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..Category: Property Law | Date: | Hits: 30
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. ......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..Category: Administrative Law | Date: | Hits: 92
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......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..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......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..Category: Property Law | Date: | Hits: 26
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... 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 ..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
.... lease by defendant No. 1 was a vacant non agricultural land and in the lease deed of defendant No. 1 the premises was given by the lessor to establish a filling station and when the land was a non-agricultural land the lessee may be evicted if the same is used against the purpose for which the ......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..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......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..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......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..Category: Property Law | Date: | Hits: 23
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. ......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..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......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..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....ding such interests on the date of acquisition, shall continue and be deemed to have continued to manage such interest, as agents of the provincial Government, till the last day of the agricultural year, next following the date of the publication of the notification under sub-section...... 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..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... 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. ......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 ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70....... 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..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. ......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..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....he submissions of the learned advocate and gone through the judgment and from a reading of section 24 of the Non-Agricultural Tenancy Act it appears to us that if a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tena......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. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... 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..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....0;াকীর্ণ ধ্বংসাবিশেষ ইমারত।“ 13. If an owner of agricultural land being affected in natural calamities or being unable to maintain one's livelihood......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..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. ......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 ..Category: Property Law | Date: | Hits: 40
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