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Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......that his predecessor took settlement of the land in suit by the Amalnama (Ext. 'C') dated Magh 17,1338 B.S. In that view of the matter we are of the opinion the appellate Court was quite correct in holding that there was no basis for preparation of the M.R.R khatian in the name of the defendant N..Category: Property Law | Date: | Hits: 28
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......d not at all controvert the above findings of the learned Trial Court as to taking pattan of the suit land by the defendant No.1. 6. As it appears the High Court Division discharged the Rule holding that the plaintiff No.1, who himself was examined as P.W.1, in his deposition admitted..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......intiff used to live with his mother in her separate mess; the plaintiff is major and sui jures and for all practical purpose he had to live with his mother, brother and sisters and he has separate holding and he paid separate chowkidari tax of his separate holding and enjoying the suit property ..Category: Property Law | Date: | Hits: 26
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......dge and Artha Rin Adalat, Sylhet who allowed both the Miscellaneous Appeals by a single judgment and order dated 14,03.1994 and set aside the judgment and order of the learned Assistant Judge holding amongst others that the pre-emption was barred as there was sufficient evidence on record s..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......ard the learned counsel, and perused the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that admittedly the earlier suit was filed within time in a court of competent jurisdi..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......appearing for the petitioner, perused the impugned judgment and order of the High Court Division and also other connected papers. 5. As it appears the High Court Division discharged the Rule holding that it is the case of the plaintiff respondent that she got admission into the B. Ed Cours..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......n the impugned letter that the land in question is part of Gulshan Lake and the writ appellant having not denied the said fact in their affidavit-in-opposition, the High Court Division erred in not holding that the case land is a part of Gulshan Lake. 10. It was further contended that the..Category: Property Law | Date: | Hits: 28
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......arned counsel of the petitioner and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that there are serious contradiction in the evidence of P.Ws. as regard possession of the pl..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ...... exhaust the statutory remedy before the customs authority, the High Court Division thus committed error of law in making the rule absolute. He lastly submits that the High Court Division erred in holding that the imposition of penalty was unauthorized, illegal and unwarranted and as a result th..Category: Business or Commercial Law | Date: | Hits: 163
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....se deed on 04.04.1990 with the Secretary of respondent for the period of 1396 to 1398 B.S. and the respondent as well as paid deposit of TK.4,37,000.00 towards rent for 1397 B.S. in respect of the disputed fishery along with balance of TK.45,600.00. In spite of the said execution of lease deed a......o.FCC No.84 of 1989-90 on 03.01.1990 for realization of TK. 3,78,783.33 against the respondent claiming the same to be dues of Government. The Rule in the said writ petition was made absolute holding the impugned order issued by the appellant dated 26.07.1989 was illegal and further holding..Category: Civil Law | Date: | Hits: 101
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
..... on 11.11.1993 accused Monowar Hossain, Sanowar Hossain, Abdul Aziz, Moniar, Kashem, Shehab, Wahab, Kanal, Jamal armed with deadly weapons like ram dao, Fala, Iron, Dhai and Kachi entered into the disputed land wherein informant's brother Golap planted paddy, Golap's son Mahbub Hossain @ Madhu ......as tendered by the prosecution at the time of trial inasmuch as witnesses; Mokbul, Akbar, Shahjuddin and Rakib also came to the place of occurrence but they having not been examined, the withholding of these important witnesses from trial an adverse presumption under section 114(G) of t..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....en corroborated on these points by his two other sons, P.Ws. 2 and 9 and a local person P.W.7. 5. That a Shalish was held and Amjad met his death while manning away from the Shalish are not disputed. What is disputed in whether he received the fatal wound from respondent Nuru Mira. ......ushed to the Police Station at Bakerganj and lodged a first information report within 2 hours whereupon the police moved into action, and after completing investigation, sent up 20 accused persons holding respondent Num Mira for trial in the Court of Session. The learned Additional Sessio..Category: Criminal Law | Date: | Hits: 44
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
.... 18. It is provided in section 6(1) that the Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals.............(emphasis added). Hearing and determination are undisputedly attributes of judicial function and are requirements for disposal of an appeal......bunal and a Rule Nisi was issued in writ petition No. 1637 of 1990. A Division Bench of the High Court Division, by its judgment and order dated 6.8.92, made the Rule absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two memb..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......nd Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with respondent No.2 who transferred the portion of the holding along with respon..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ...... of the Act a worker may be dismissed without prior notice or pay in Lieu thereof or any compensation if he is convicted, that the Labour Court as well as the High Court Division were wrong in holding that the appellant cannot dismiss the first party under section 17 without following the p..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....for cancellation of the four deeds on payment of ad valorem Court fees. 5. In the appeal that was tiled by the plaintiff the appellate Court found that the signatures of the plaintiff in the disputed kabalas are not in question. It was rather admitted that he signed the deeds but did not k......ot maintainable. The plaintiff must seek further consequential relief by way of cancellation of the deeds. This is by now an established law and the High Court Division clearly erred in law in holding to the contrary. 9. It was again wholly wrong for the High Court Division to observe..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......at the petition of complaint disclosed the alleged offence and that there is no abuse of process in the proceeding. 5. He further submits that the High Court Division committed error in holding that the notice in question was issued upon the respondent after the expiry of 15 days as ..Category: Criminal Law | Date: | Hits: 42
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....oes not appear to be any limitation on the exercise of power either by the Parliament or by the President subject, of course, to the provisions of the Constitution. There is no doubt and it is not disputed by Mr. Ahmed also that the Parliament can make a law with retrospective operation. There i......ting seniority to respondent No. 4 on the basis of the aforesaid Rules and the Rules itself were impugned. By judgment and order dated 26 July 1992 the High Court Division discharged the Rule holding that the Rules in question was already found to be not ultra vires of the Constitution in th..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....e date of resignation was mentioned and consequently he resigned upon surrendering his pay in lieu of notice period as in Regulation 53(1) of the Regulations. The fact of instant resignation undisputedly established as because upon submitting letter of resignation on 29th August, 1998 ......urned to his duty and consequently he being in service, the Biman acted illegally in accepting the letter of resignation of the respondent. The High Court Division was also not correct in holding that in the instant case there was no resignation in fact since the respondent did not..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......rent places of work taking into consideration of the indication about the value already provided read with other information, if any. He further submits that the High Court Division erred in law in holding that the levy of customs duty on the basis of indicative value does not have any leg to st..Category: Fiscal/Taxation Law | Date: | Hits: 66
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