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Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....w wife leaving defendant No. 3; the defendant No.3 then, with an ulterior motive, applied to the Government for allotment of the suit land in her favour whereupon the defendant No. 1, without holding any inquiry, served notice dated 19-1-1996 upon the plaintiff to hand over possession ...... January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for evic..Category: Property Law | Date: | Hits: 37
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....lant's uncontested election and prayed for cancellation of the un-contested election, for a direction upon the Returning Officer to accept his nomination paper and also for a mandatory injunction for holding an election afresh. The plaintiff-respondent simultaneously filed an apÂplication for tempo.......Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinanc..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....were the properties of Subasini, her brothers would be, according to Dayabhaga Law, her heirs in preference to Haripada and his brother. This view of the District Judge was reversed by the High Court holding that Haripada and his brother were enÂtitled to oppose the grant of the probate. Then the c......spondent filed an application in the said case for adding her as a party in that case on the allegaÂtion that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had alÂready filed Other Suit No.34 of 1986 in ..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....'s father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmondi ResidenÂtial Area and hold......tan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommendation of the Sub-Divisional Officer, the Government did not release the properties Several inquiries were made by various agencies of the GovÂ..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....g proceeding with the Execution Case No. 18 of 1980. 3. Leave was granted to consider the submission that the learned Judge of the High Court Division has erred in law in holding that Article 182(5) of the Limitation Act applies in the instant case and the Execution Cas...... facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30.09.1980 and Title Execution Case No..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... was satisfied about the reason of delay in filing the appeal and considered the facts as correct since "were not denied by the petitioner" i.e. plaintiff and thereupon made the Rule absolute upon holding "that the delay occurred in obtaining opinion from different offices of the Government and ...... also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....rom the premises as mentioned in those suits. 13. At the hearing of the leave petitions, Mr.S.R.Pal, learned Advocate for the appellants, submitted that the High Court division was wrong in holding that the suit was not maintainable on the principle of 38 DLR (AD) 97 because in this case ......appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the s..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....etitioner being an employee of an industrial enterprise fully controlled by Bangladesh Jute Mills Corporation established under President's Order No.27 of 1972, the High Court Division was wrong in holding that he was in the service of the Republic and as such not entitled to maintain the writ p......ated 07.01.1998 respondent No.1 re-fixed the salary of the petitioner at a basic pay of Tk. 470/- With effect from the date of his joining and asked him to pay back Tk.90,322.50/- said to have been overpaid to him during the period from 23rd February 1981 to 23rd July 1989. 3. The petition..Category: Employment/Service Law | Date: | Hits: 84
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....t no one kidnapped her. The statements of other witnesses including her mother also, according to the learned Advocate, echoed the aforesaid statement of the victim and therefore, the police after holding thorough investigation submitted final report against the petitioners and that in such view......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....have been made without lawful authority and to be of no legal effect." 9. Leave was obtained for the consideration of the submissions that the High Court Division was in error in holding that there was no bar in considering the case of promotions of an employee while he is...... cannot be taken up for consideration during the period of suspension and continuation of criminal proceeding unless such proceedings end with acquittal. Cases Referred to- Government of India and another vs. C. A. Balakrishnan and others, AIR 1975 (SC) 1498; Ram Sew..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....vest itself with jurisdiction where it is not conferred by law. 12. The view we have taken in this matter finds support from the said decision. And we have, therefore, no hesitation in holding that the High Court Division was not at all right in passing the impugned order. The fact t...... inherent power must, of necessity, follow the filing of a suit or proceeding and not precede the same. To do that will be to put the cart before the house. 9. A Court must have jurisdiction over the proceeding before it can exercise any inherent power. And there will be no two opinions th..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....Shishu Nirjatan (Bishes Bidhan) Ain, 1995 and not under the provision of repealed law i.e. the Cruelty to women (Deterrent Punishment) Ordinance,1983. The Court below is directed to take steps for holding the trial of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....d order dated 09-07-1990 passed by the Session Judge Rajbari in Sessions Case No.5 of 1991 which arose out of Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imp......has not committed any illegality and as such we do not find that the judgment and order of the High Court Division invites our interference as it does not suffer from any legal infirmity. Moreover this petition is also barred by 152 days. Although an application has been filed to condo..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....g delivery of the Trawler in question to the petitioner on executing a Jimmanama for TK.1,50, 00,000/-. 8. Mr. Ahmed further submitted that the High Court Division has erred on facts in holding that the possession of the Trawler has not been handed over to the petitioner which is mani...... 08-2003 that the parties will execute a fresh partnership deed and the petitioner will run the business by cancelling the power of attorney dated 28-12-2002 and the respondent No.l will hand over the said fishing vessel to the petitioner that under the above terms the award was made and th..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....s by the appellate Court that the plaintiffs were all along in possession of the property left by Jatindra Nath Saha, the High Court Division was in error placing reliance on Ext. E series in holding that defendant No.1 acquired title by adverse possession in the land in suit, that the High......unregistered deed of gift dated 25m Sraban, 1342 B.S. That defendant No. 1 upon accepting the gift has been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that a..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....d Sessions Judge for trial, which was registered as Sessions Case No. 24 of 1998. 4. Facts necessary for disposal of the Criminal Petition for Leave to Appeal No. 190 of 2003 are that after holding investigation by the police while submitting report under Section 173 of the Code of C......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....ointed earlier as Professors and that the High Court Division had erred in interpreting and construing section 44 of Further Statutes of Bangladesh University of Engineering & Technology in not holding that the Writ Petition was not maintainable as the writ petitioner respondent No. 1 did no...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
..... Ansarinor any mutation paper nor any municipal record have been produced to prove the claim of the respondent. In view of the aforesaid we hold that the High Court Division misdirected itself in holding that when there was a registered deed of gift the respondent has a genuine and strong claim......wed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on evidence. In our view High Court Division was not in error in holding that from the defendants' side evidence was lacking to establish the case of surrender......ben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said path has divided the land o..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....e same was abandoned properly and such transfer is hit by Article 6 of P.O. 16 of 1972. 11. In the circumstances, we are of the view that the High Court Division committed an error of law in holding that the suit property is not abandoned property. We are also of the view that the citizens......any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
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