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Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... division and this division upon hearing the Petitioners, learned Advocate, scrutinizing the petitioner on 02.04.2002 and the judgment of the court below dismissed the leave petition on 02.04.2002 holding that the petition was not maintainable in as much as petitioners did not surrender before t...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre......the land is also different one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurement P.Ws 2 and 4 having said that there was in fac..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....ivil Appeal No. 76 of 1997 before this Division which allowed. This Division found that the High Court Division had committed an error in misapplying section 16 of the Land Acquisition Act, 1894 by holding "therefore, the suit land has not yet been vested absolutely in the Government and th......petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share of the suit tank to the defendant appellant respo..Category: Property Law | Date: | Hits: 20
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
.... also considered the judgment passed by the High Court Division as well as submissions made by the respective parties. We are of the view that the High Court Division has committed error of law in holding that the Rules and regulations of the Bangladesh Power Development Board (Employees) Servic......mitted his reply stating that inhabitants of his area are mostly agriculturist and they can not pay electric consumption bills regularly and some of the defaulters could not be traced out. Moreover Tk. 21,43,943.36 remained outstanding with different Government offices. The authority found ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....delivery of the goods in part unless the outstanding dues in the aforesaid (LTM) accounts were settled. Therefore, we are of the view that the High Court Division has committed an error of law in not holding that the suit is clearly barred by limitation and the High Court Division ought not to have ......stion. The learned Advocate submits that the LIM accounts for the goods were opened without depositing any margin in the LIM accounts. Therefore, the plaintiff did not acquire any right and title over the goods. The plaintiff was a mere assignee of the goods and goods remained with the Bank. The..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....87. (1) if a raiyat or under raiyat voluntarily abandons his residence without notice to his landlord and without arranging for payment his rent as it falls due, and cases to cultivate his holding either by himself or by some other person, the landlord may, at any time after the ex......h vs. Hazi Md. Ibrahim reported in 28 DLR (AD) 61 that:- "It well settled that when a defendant is in possession he could be evicted only by a person having a better title over suit land." 9. Further, the High Court Division has held that correctn..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....bservations made by the Administrative Appellate Tribunal. The first point raised by the Additional Attorney General is that the Administrative Appellate Tribunal committed wrong and illegality in holding that drawing up for the proceeding against the respondent by appellant No. 3 i.e. Metropoli......so Reported in: 1 ADC (2004) 390. ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....ince no suggestion with respect to insertion of the word 'Bhadra' and the corresponding date was given to him, the learned Single Judge of the High Court Division committed illegality in holding that those were subsequently inserted and as such the bainapatra Exhibit-1 was forged ......ently inserted and as such the bainapatra Exhibit-1 was forged and further submission that by insertion of words 'Bhardra' and the date 29.08.1980 made no material change in the bainapatra and moreover, the learned single Judge of the High Court Division without arriving at a specific findi..Category: Property Law | Date: | Hits: 31
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....raming charges against the appellant so that nobody can lodge vexatious and malicious prosecution. In such view of the matter it is argued that the High Court division committed error of law in not holding that in the facts and circumstances of the case there was no sufficient materials before t......ve to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this single judgment will Governed them both. 2. The Criminal Appeal No. 37 of 2001 is directed against the judgment a..Category: Criminal Law | Date: | Hits: 47
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....Leave was granted in the following terms:- "Mr. A. F. Hasan Arif, learned Advocate for the plaintiff petitioner, submits that the High Court Division fell into an error of law in holding that the onus to prove lay upon the plaintiff inasmuch as the plaintiff being an infirm, i......t who by means of a false thumb impression in the name of Fatema Khatun instituted the above sit the suit was barred by limitation both the deeds of gift and also the compromise petition were read over and explained to Fatema Khatun and she after knowing the contents put her thumb impression on ..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
.... not similarly situated in that the former is a case of re-employment and latter are cause of reinstatement and as such the learned Judges of the High Court Division committed an error of law in holding that the impugned order dated 24.11.93 is arbitrary and discriminatory. He next......n be treated as a period on leave and the High Court Division was wrong in holding that the writ petitioner was similarly situated with the cited 24 employees who were terminated from service for overstay abroad. He further submits that the order dated 8.11.93 on which the writ petitio..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....er the Criminal Law Amendment Act, 1958 and if any offence has at all been committed the same is tribal by the ordinary Criminal court. The High Court Division, therefore, committed error of law in holding that the managing Director or an employee of a private company is a public servant wit......tries Ltd. And co accused Saidul Islam Khan (Tutul) is the Accountant of M/S. Rahim Metal Industries Ltd. an abandoned property which was purchased by the said M/S. Master Industries Ltd. from the Government. The learned magistrate after taking cognizance in all the proceedings except the procee..Category: Criminal Law | Date: | Hits: 40
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....suit property is not an abandoned property. He further submits that High Court Division wrongly shifted the onus on the defendant petitioners without appreciating that the corporation holding Exhibit-5 did not relate to the suit property and no case has been made out about creation......l Hoque by kabala Nos. 23998 and 24036 both dated 19.6.79; Mujibul Hoque after getting possession of the suit land mutated his name and continued to possess the suit land on payment of rent to the Government and while in possession he died leaving the plaintiffs as his heirs the plaintiffs had be..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
.... is that provision of section 6 read with the provision at SI. No.75 (1) of Schedule III of the Rules of Business attracted or not in the case of respondent No.1. The respondent No. 1 was holding the post in the service of the Republic at the scale of pay Tk.3700-4425/-. The officers of...... Md. Ruhul Amin J.- This appeal by leave has been preferred by the Chief Engineer, LGED (though government of Bangladesh represented by the Secretary, Ministry of LGRD and Co-operatives was p..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....espect of entire land so sold, even then the said kabala may be valid to the extent of share of Ishaque inherited from his father. 5. After the remand the trial Court dismissed the suit holding that plaintiff is entitled to 13 decimals of land which his vendor Ishaque was entitled out......and decree dated may 30, 1989 of the Court of Assistant Judge, Sadar, Nature, in other Class Suit No.112 of 1979 dismissing the same. The Suit was filed seeking declaration of title in and recovery of possession of 41/2 decimals of land, shown in the sketch map attached to the plaint, ..Category: Property Law | Date: | Hits: 46
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....ion. The Union failed to hold election after expiry of 2 years to elect a new Executive Committee and the previous committee continued to run the functions of the Executive Committee, without holding any election and without complying with the provisions of the constitution with regard......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....gh Court Division made the Rule absolute in presence of the Rural Electrification Board with a direction to reinstate the writ petitioner, Respondent No.1 herein, in his post which he was holding on July 14, 1996 with all benefits. In the afore state of the matter the conte......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....l as regard granting of lisence of Nikah Registrar to the appellant on temporary basis in respect of 3 wards of Gafargaon Municipality. The High Court Division made the Rule absolute upon holding "that the area of the petitioner has been curtailed without any allegation agains......ourt Division in writ petition No.1468 of 2000 making the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard granting of lisence of Nikah Registrar to..Category: Civil Law | Date: | Hits: 95
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....sp; Mahmudul Amin Choudhury J.- This appeal by leave is against judgment and decree dated 31.5.1999 passed by a Division Bench of the High Court Division in First Appeal No.30 of 1999 upholding the judgment and decree passed by the learned Subordinate Judge, 4th Court, Dhaka in Title ......urt. It has been held that the Arbitrator may allow interest pendent lite for a period beyond four months if the prolongation is caused by the circumstances beyond his control and to avoid any controversy, the period for pendent late interest will start from the date on which the arbitrator enter..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
.... sought was not at all acquired by the two Gazette Notifications. The Additional Deputy Commissioner (L.A) recommended the release of the case property but the appellants are still holding and possessing the case property. As such the High Court Division declared the possession o...... ADC (2004) 153. ..Category: Property Law | Date: | Hits: 29
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