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Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....ing the background in issuing Rule suo moto and taking note of the news appearing in daily newspapers summarized chapter VIII of the Penal Code and then interpreted Section 141 of the Code by holding that according to the fifth clause of Section 141 of the Penal Code a procession or other a......able offences punishable under the Penal Code and other penal laws of the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another V..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....ven in proof the terms of such document as such the defendants afford to explain away the mistake by other evidence is not acceptable in law", that the learned Assistant Judge was in error in holding that the scribe inadvertently committed mistake in writing plot No. 8275 instead of 8276 in...... appellate Court is not based on assessment of the materials on record and that the High Court Division failed to consider that the finding of possession arrived at by the trial Court was not controverted by the appellate Court and thus the High Court Division was in error in concurring with the..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....there has been violation of the Article 27 and 29(1) of the Constitution. This Court did not accept the said contention i.e. of not treating equally or in other words there has been discrimination holding "when the advertisement was made qualification and experience for the respective grade...... Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Sh..Category: Employment/Service Law | Date: | Hits: 79
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....f proves that he is owner of the property learned Counsel further submitted that the suit being a suit for declaration of title and recovery of khas possession, the High Court Division erred in holding that "In this particular case the opposite parties plaintiffs have long uninterr......9 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land m..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ed the above Miscellaneous Case No.53 of 1996 for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is a co-sharer in the case holding by inheritance; his brother, the respondent No.2, by a sale deed dated 17.06.95 transferred....... According to section 2(13) "Holding" means parcel or parcels of land or an undivided share thereof held by reiyat or an under rayat from the subject of separate tenancy. Moreover in pursuing the S.A. map adduced by the appellant it is seen that S.A. plot No. 40 is a compa..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
.... gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.06.1980 without statutory notice to the pre-emptor. The pre-emptor became a co-sharer of the disputed holding by purchase by kabala dated 23.05.1972. The pre-emptor first came to know of the kabala sou......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....ve Tribunal against which the aggrieved party had not preferred any appeal and, as such, there was miscarriage of justice and the submission that the Administrative Appellate Tribunal erred in holding the view that the appellant sought different reliefs from two different sets of respondent......vil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August ..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....rt having scrutinised all the materials on record carefully came to the right conclusion that the exchange deed Exhibit A is a bonafide document. Therefore, the High Court Division erred in law in holding that no fraud was practiced by the plaintiff-respondent. We have considered the subm......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nwhile, the defendants filed written statement on 18-5-198. The High Court Division, after hearing, relying upon the case of Fazlul Huq vs Md. Tahed Ali reported in 47 DLR 326, discharged the Rule holding that the time limit set by Order VIII, rule 1 of the Code of Civil Procedure is directory a......LR 11 and 45 DLR 638 but since the decision reported in 47 DLR 326 is based on the decision reported in 44 DLR (AD) 136 and, as such, the decision reported in 47 DLR 326 will have precedence over the decisions reported in 39 DLR 11 and 45 DLR 638. 12. Since in the instant case the H..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26-6-1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the said company; 19,240 shares being h......dustries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD)..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....law and, as such, not binding on the High School and that said instructions are under challenge in Court and, as such, upon placing reliance on those materials appellate Court was not justified in holding that the plaintiff has prima facie case as well as arguable case in support of its prayer f...... admitted any girl, that to eliminate the School the High School circulated posters and leaflets for admitting therein girls without any fees in Class VI to X in violation of the norms of the non-government educational institutions, that the High School under the law was required to apply to the..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....t an appeal if preferred within a period of six months after the period of three months specified in sub-section (2) of section 6 and that the Administrative Appellate Tribunal erred in law in not holding that the delay may be condoned if it is not more than six months beyond the usual period of......n 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corruptio..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
.... for accepting the aforesaid balance sum and submitted that they were not liable for further interest after the decree. The learned Subordinate Judge rejected the prayer and the contention inspite of holding that: "It is fact, that the order in execution does not clearly sanction the interest in......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
.... including the suit land with Mohesh Chandra Saha by a registered deed of exchange dated 16 October 1936. At the time of the exchange Ram Prosad Muchi was continuing in possession of the suit land by holding over under the Ijara kabuliyat. Ram Prosad Muchi continued even after this exchange, but......of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land whereupon the landlord took over its possession. This finding, based on due consideration of evidence, was beyond the scope of t..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....se by sea, the other bidders could legitimately complain of discrimination and treatment otherwise than in accordance with law. 4. The High Court Division, after hearing, made the Rule absolute holding that there had been a concluded contract between the parties and the unilateral cancellation...... Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sargodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and E..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... water should be made. 4. The High Court Division though recognised that there is a horrible picture of arsenic contamination but nevertheless, rejected the writ petition in limine holding that the petitioner had failed to show that there was any law or rule to allow for sealing...... Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment Au..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
.... The list in respect of the property in question and the publication of the list was made as per provision of the Ordinance No.54 of 1985. The Court of Settlement by its judgment dismissed the case holding that the property in question is an abandoned property within the meaning of the provision o...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Refe..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e has been violation of the Articles 27 and 29(1) of the Constitution. This Court did not accept the said contention i.e. of not treating equally or, in other words, there has been discrimination, holding "when the advertisement was made qualification and experience for the respective ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Bangladesh.......Respondents Judgment November 29, 2006...Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....prima facie title and possession only in 0.5660 acres of land but by the judgment and order dated 5-5-1999, decreed the suit for permanent injunction against the defendants for the entire suit land holding that both the parties should go for partition after establishment of their title and that ......m the suit land. 4. The learned Senior Assistant Judge, on consideration of the materials on record, though found that the plaintiffs failed to prove their prima facie title and possession over 2.70 acres of land in plot No. 1222 but succeeded in proving their prima facie title and posse..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....appearing for the petitioners, has submitted that the learned Single Judge of the High Court erred in construing the provisions of Section 75 A of the State Acquisition and Tenancy Act and in holding that the agreement for permanent lease of the premises in question was ‘subletting&rs......d let out together with any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity; (16) “land” means land which is cultivated uncultivated or covered with water at any time of the year, and includes house or buildings and also things attache..Category: Property Law | Date: | Hits: 34
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