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Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......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..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......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..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ...... 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..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......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..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......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..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....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....... 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..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....Ext. 5 series, show that though initially an ijara—or temporary lease—was intended, it ripened into some sort of under-tenancy because of continuous possession, and as the land was used for non-agricultural purpose e.g. as a residential hut, it was governed by the Transfer of Property Act at t...... 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..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......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..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... 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..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ...... 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..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......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 ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......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 ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....of S. 167(9B) of the Sea Customs Act is involved. The facts leading to the question in appeal are that M.M. Shafiullah, the firm respondent, the sole proprietor of a firm at Khulna deals with agricultural machineries and implements, was granted an important licence worth several lakhs of ru......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....letting’ within the meaning of the State Acquisition and Tenancy Act. According to the learned Counsel, the provisions of section 75A of the Act are attracted only in the case of an agricultural and horticultural holding and as the disputed property was a residential house the af......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..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......out of fear. It appears that PW1 made no such statement and the High Court Division instead of noticing the contradiction on this point between the evidence of PW1 and PWs 3 and 19 misled itself by holding as above. The High Court Division also failed to notice that except PWs 3 and 19 no other wi..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register was called for on the application of the plaintiffs and thereupon re..Category: Property Law | Date: | Hits: 52