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Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....re new conditions of service. After accepting the conditions and rejoining his former post the respondent cannot now turn back and challenge those conditions. It will be a case of estoppels or in the alternative a case of waiver as held in the case of Md. Jahangir Kabir vs. Bangladesh, 16 BLD (AD) 8......hat notwithstanding the said order (the order of removal from service) the plaintiff is still in service of the defendant Government, and he is entitled to all attendant benefits thereto". His entire prayer was not allowed, but once he is reinstated after setting aside the order of removal fro..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......vocate-on-Record appearing on behalf of the respondent found difficulty in supporting the judgment of the High Court Division. 7. We have gone through the writ petition particularly the prayer portion. The respondent prayed for a declaration that the impugned order/super cession dated..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......estrain the respondent defendants from interfering with the plaintiff appellants' possession in the suit land. 3. The respondent defendants by filing written objection opposed the prayer for injunction which was later on traded as written statement, the respondents denied the pl..Category: Property Law | Date: | Hits: 23
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
.... University order1973 having provided for an appeal to the chancellor the finding of the learned Judges of the High Court Division that the election petition being purely on law points the alternative remedy under Article 52 is not a bar to invoke writ jurisdiction for is interpret......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......ibunal within three weeks by order dated 27.8.2000. Accused persons along with the victim surrendered before the learned Sessions Judge, Satkhira in Criminal Miscellaneous Case No. 570 of 2000 with a prayer for bail and also to release the victim girl in the custody of her alleged husband Uqbal Hoss..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ismissed by the trial court, it cannot be said that the respondents were evicted from the said lands by an action under the reversed decree and the High Court Division was wrong in allowing the prayer for restitution. He also submits that the decisions cited in the judgment of the High ..Category: Property Law | Date: | Hits: 31
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......t to no effect and hence filed the suit and that during pendency of the suit the defendant No.1 dispossessed the plaintiff and took forcible possession and as such, the plaint was amended adding a prayer for recovery of khas possession of the suit land. 4. The defendant No.1 contested the ..Category: Property Law | Date: | Hits: 40
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ...... dispossessed from the suit land by the defendants during pendency of the suit. Despite such a state of fact obtaining in the present case the plaintiffs did not amend the plaint incorporating prayer for recovery of khas possession deleting the original prayer for confirmation of posses..Category: Property Law | Date: | Hits: 25
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......of title in his favour and the records of the appellate Court did not show that the original kabala deed dated 23.6.1985 was ever submitted before the learned Additional District Judge nor any prayer was made by the plaintiff to enable him to prove the fact of said transfer; further the tria..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......ssed. Being aggrieved the plaintiffs preferred First Appeal No.79 of 1990 before the High Court Division and filed therein an application under Order 6 Rule 17 CPC praying for adding the prayer for recovery of khas possession in the plaint on payment of ad veloram court fees con..Category: Civil Law | Date: | Hits: 107
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......y;dant deposited Tk. 10,00,000.00 (ten lac) only T.D.R. to the plaintiff bank, but the defendants did not repay the Murabha investment amount which stood at Tk.28,19,149.00 on 28.04.1988 and on the prayer of the defendants the said amounts were turned into hire purchase grant on 13.08.1990. The ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ....... 561/8 of 1858, filed in the High Court of West Pakistan, Lahore. In this writ petition respondent No. 1 and her brother Abdul Ghafoor Sarin were impleaded as respondents Nos. 1 and 2. The following prayer was made in the writ petition:— "That a writ of certiorari or mandamus or any other ..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......of increased value of the land and costs of improvement and the trial Court by judgment and order dated 28.11.1985 allowed the pre-emption in respect of property Nos.1 and 2 and disallowed the prayer for pre-emption against the property No.3. 4. Md. Aftab Hossain, learned Advocate-..Category: Property Law | Date: | Hits: 20
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ...... out of the sale proceeds of defendant vessel but is to be recovered from the bank guarantee furnished in favour of Mongla Port Authority securing the payment of the Mongla Port dues and hence the prayer of return of the bank guarantee is misconceived and cannot be allowed inasmuch as the learne..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......giving any notice to the Book Society. 10. Upon preliminary bearing of the said Criminal Miscellaneous Case on 30th July 2007 a Division Bench of the High Court Division issued a Rule as per prayer made in the Criminal Miscellaneous Case. The High Court Division had also stayed operation ..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....nd but in October, 2005, the respondents Nos.1 and 2, disregarding the order of status quo, tried to get possession of the suit land through Title Execution Case No. 5 of 1993 and finding no other alternative they on 20.10.2005, filed an application in Title Execution Case No.5 of 1993 praying f......vil Revision No.142 of 2005, which arose out of the judgment and order dated 24.9.2007of the learned Joint District Judge, First Court, Dhaka passed Miscellaneous Case No. 28 of 2005 rejecting the prayer for staying further proceedings of Title Execution Case No. 5 of 1993 pending in the same Co..Category: Property Law | Date: | Hits: 18
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......ction 42 of the Specific Relief Act. 6. It appears from record that the suit being for declaration of title to unspecified portion of an undivided plot of land is not maintainable without a prayer for partition; that the plaintiff is found to be out of possession; that the trial Cour..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....llowing the pre-emption. 2. The facts, in short, are that the respondent Nos.1-4 as pre-emptors filed an application under Section 96 of the State Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the petitioner and op......w found that the pre-emptors are the co-sharers by purchase and the pre-emptee is a stranger and the pre-emption petition was filed within time after performing all formalities and decided the prayer for preemption in favour of the respondent. 11. It appears that the petitioner ..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ...... court initially dismissed the suit and on appeal by the plaintiff the judgment of the trial court was set aside and the suit was sent back on remand for retrial after amendment of the plaint with prayer for khas possession in respect of 11 decimals of land of plot No. 1609 from which the plaint..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......ice of the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with agriculture. 2. The prayer for pre-emption was contested primarily on the ground that the Miscellaneous case filed unde..Category: Property Law | Date: | Hits: 30
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