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AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......High Court Division has already been quoted hereinbefore. 14. It was the contention of the defendant-appellant before the High Court Division that the trial Court was in serious error in not holding that the defendant-appellant and the respondent No. 2 were all through willing to perform t..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......sition and Tenancy Act and an appeal lies against the said order within 30 days which was not filed by the defendant. Section 117 of the State Acquisition and Tenancy Act relates to Sub-Division of holding and restriction thereon. Mutation proceeding and Sub-division of holding are not iden..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the l..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......ion. Occupation in section 6 means occupation by the applicant himself. Section 11 of the Act runes thus: “11. The Urban immovable property Tax shall be paid by the owner of the holding in respect of which it has been levied.” 5. So, if section 6 is read with s..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......e provision of Section 114, illustrating (f) of the Evidence illustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant alth..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......he learned Attorney General merit consideration. Leave is therefore granted to consider the following grounds: “For that the Single Bench of the High Court Division erred in holding that the lower Appellate Court did not consider the question of limitation and no suc..Category: Property Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... a naraji petition, it is not a letter simpliciter, it is an application based on certain facts and circumstances of the case and as such the learned Judges of the High Court Division are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......ncomplete and inconclusive notes of subordinate officers not approved by the proper -authority and the further submission that the learned Judges of the High Court Division erred in law in not holding that the review petition was barred by limitation and the submission that the learned ..Category: Banking Law | Date: | Hits: 124
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......d documentary, has established her possession in the land in suit and the papers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the p..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......nd pleadÂers'. Rule 1 thereof provides that appearances, etc. in any Court may be in person, by recognised agent or by pleader. Rule 2(a) provides that one of such recÂognised agents may be persons holding powers of atÂtorney, authorising them to make and do such apÂpearances, etc. Rule 4(1) the..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......with that of the six members, has been published in the impugned Notification. 5. Facts as stated above are not disputed. The sum and substance of the contention of Mr. Zakir Ahmed is that without holding election for ChairÂman in the remaining Ward, namely Ward No.1, the Returning Officer had n..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......ely stated in the petition of complaint that the cheque is lying with him (complainant). 5. The learned Advocate has submitted that the High Court Division ignored all these facts and erred in not holding that the proceeding was harassing, mala fide and an abuse of the process of the court. He al..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......cordance with law. If the question would have been purely one of believing the document of contract and other evidences on record, then of course, I would not have ventured to determine the issue by holding it as one of pure question of law. The broad and esÂsential approach in such a case of cont..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......ent to the Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant an..Category: Criminal Law | Date: | Hits: 52
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......idas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue record and in other official records and paid rent as well as the municipal holding taxes, that he let out portion of the suit property to the monthly tenants including the def..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......gladesh and designed to frustrate the Title Suit No.276 of 2003 filed by the petitioners for declarations with prayers for an order of temporary and ad-interim mandatory injunction, erred in law in holding that the distributorship of plaintiffs (petitioners) was already terminated and as such th..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......by him at a later date for any purpose whatsoever" and further in the case of Bangladesh Agriculture Development corporation Vs. Abdul Barak Dewan the Appellate Division interpreted said rule holding that "Rule 9 of the service Rules sets a bar to a change of the date of birth of the i..Category: Employment/Service Law | Date: | Hits: 82
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... he moved the High Court Division under sec. 561A of the Code for quashing the proceedings. The High Court DiviÂsion by the impugned judgment and order dated 29 January 1990 rejected the application holding that provisions of sec. 339C of the Code would not apÂply to his case which is exclusively ..Category: Criminal Law | Date: | Hits: 58
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......The Bangladesh Shilpa Bank Order, 1972 (PO No. 129 of 1972), Article 34(1) The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observaÂtion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......a making the rule absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the responÂdent, who was a Superintending Engineer and workÂing as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from service by the Chief..Category: Criminal Law | Date: | Hits: 53
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