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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... not legal in the background of the materials on record and that the appellate Court was not in error in reversing the finding of the trial Court in that respect, that appellate Court was in error in holding that the plaintiffs are not in possession of the land over 60 years since Ext.1 clearly show..Category: Property Law | Date: | Hits: 42
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ...... and the learned Subordinate Judge (Arbitration), 4th Court, Dhaka, who heard the appeal, by his judgment and decree dated 13.5.1989 reversed the decision of the trial Court and dismissed the suit holding, inter, alia, that the plaintiff failed to prove his case and the suit is not also maintain..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......3 (three) directors position of the respondent No.1 Company against their contribution of Tk. 5,00,22,000.00 (Taka Five crore and twenty two thousand) and damage and compensation for the delay in withholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary ..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......sel appearing for the petitioner submits that the mode of obtaining and procurement of cheque not being the requirement of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constrained to hold the view that the cheque which was returned with the remark..Category: Criminal Law | Date: | Hits: 50
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... the question of continuation of the delegation of power made in 1974 or application of section 24 of the General Clauses Act did not arise and as such the High Court Division committed no error in holding that there was no delegation of power under the Service Regulations, 1997. He next submitt..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......sp; filed aforesaid Civil Revision Nos. 6923 & 6922 of 1991 in the High Court Division obtained the Rules but after hearing the High Court Division discharged the Rules holding that the only point for determination was whether the oral gift was a genuine one and that ..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......requirement by the courts below has been reversed by the High Court Division without proper reasoning. 9. The learned Counsel for the appellant submits that the High Court Division was in error in holding that as possession of the premises in suit was made over to the defendant on receiving Tk.95..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... appearing for the appellant reiterated submissions made earlier. 7. He further submits that the High Court Division committed error in rejecting the application for stay, of the proceeding holding that the parties in the suits and the subject matter is not same. 8. He in particular..Category: Procedural Law | Date: | Hits: 105
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ate not fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ..Category: Trust/Waqf Law | Date: | Hits: 190
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......the petitioner submits that the possession was taken over on 30.8.2004 and the first Appeal was filed on 31.8.2004 when there was no appeal pending and as such the High Court Division erred in holding that the suit was pending when pre-emptor dispossessed the other side during the pendency t..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......learned Advocate for the appellants submits that the amendment in question in effect seeks to incorporate an alternative prayer for partition if the defendants are found to be co-sharer in the suit holding and such amendment will not change the nature and character of the suit, rather such altern..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......sion disposed of all the three appeals and set aside the judgment and decree passed by the learned Subordinate Judge (now Joint District Judge), in Title Suit No. 71 of 1991 and dismissed the suit, holding that "Most of the parties are residing in their respective building for a long time o..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sal and the Government-appellant contested the case. The Administrative Tribunal dismissed the case. The respondent preferred an appeal and the Administrative Appellate Tribunal allowed the appeal holding that the order of dismissal was passed illegally. 4. Leave was granted t..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......finition of mineral for which the respondent can enter into or allow any third party to enter into the tea estate for this purpose, that illegality has been committed by the High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realis..Category: Property Law | Date: | Hits: 43
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ave expired in 2005. Consequently, it would have been thereafter the turn of a member of the First Group to be appointed as Mutawalli. It is against the backdrop of the situation pertaining to the holding of office of Mutawalli in the year 2000 that one Anowarul Islam Khan, son of late Yar Ali K..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ies are increasing and if this situation continues the creditors, within a short period, will put the suit properties in auction. 4. As it appears the High Court Division allowed the appeal holding that receiver can not be appointed in respect of the property in a partition suit except by..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......d the defendant preferred Title Appeal No.9 of 2003 before the learned District Judge, Narayangonj against the aforesaid judgment and decree. 5. The learned District Judge after holding local enquiry on consent of both the parties took statements from 10 local people and tena..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......0 and 11 and Appeal No. 51 was filed by the Government represented by the Secretary, Ministry of Posts and Telecommunications. The appeals were heard together and the same were allowed upon holding "that Accountant Service is a cadre having three classes (a) Probationers (b) Junior A..Category: Administrative Law | Date: | Hits: 125
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......s by leave arose out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ent for sale dated 29-11-76. The defendant Nos. 1 and 2 then moved the High Court Division and obtained Rule in CR No. 3175 of 1993 and after hearing the High Court Division made the Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of th..Category: Property Law | Date: | Hits: 41
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