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Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....tement or revocation of the acquisition proceeding will arise. The learned Judges of the High Court Division totally failed to examine this aspect of the matter and erroneously invoked section 12 and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effect that the acquisitio......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... 19. In this appeal, leave was granted to consider whether in view of section 34 of the Code of Civil Procedure and Interest Act XXXIII of 1989, the learned Judges of the High Court Division acted wrongly in awarding interest amounting to Tk. 33 lac for the period prior to the institution of the ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......certainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......ey were her great grand daughters through her daughter Midong. The suit was contested by the first appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the lega...... This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....s honour-bound to repeal all un‑democratic laws introduced by the previous autocratic regime. 8. It is contended that the High Court Division rejected the petitioner's application summarily by wrongly holding that "in any view of the matter, if Rule 14(5) and the relevant SRO guiding the appo...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......ourt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....tutionally valid. No costs. Latifur Rahman J.- I agree with the main judgment of my Lord the Chief Justice that all the appeals should be allowed as the learned Judges of the High Court Division wrongly made the Rule absolute in part declaring that the Rules 4(1)(Kha) and 5(2) of “এডহ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....d to be satisfied that there was sufficient cause for the delay and this determination was required to be made after giving notice to the respondent. Nothing was done by him, rather he observed quite wrongly in his order dated 14.7.92 that on the face of allegation about non-service of summons he wa......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ef Metropolitan Magistrate. 9. Leave was granted to consider the submissions then made (1) that the application under section 561 CrPC did not at all lie and at any rate the ‑High Court Division wrongly interfered with the order of the Sessions Judge on the basis of such application, (2) that t......id and the victim girl upon recovery from the accused Azizur Rahman and Yunus, who are brothers, was produced before the Court of the Chief Metropolitan Magistrate, Dhaka on 13.9.92 when a Magistrate recorded her statement under section 164 of the Code of Criminal Procedure. She stated in that sta......f her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... and that Regulation No. 22 is not attracted to his case as this Regulation is intended for awarding any punishment to an employee and that the Appellate Tribunal misinterpreted this Regulation and wrongly interfered with die order of termination. 4. The employee, though he got reli......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....nd the allegations of environmental hazards and ecological imbalance are vague, baseless and not of a substantial character to warrant legal interference; the appellant has filed the writ petition wrongly showing the present writ petition as pro bono publico case exposing the cause of the downtr......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......sh the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....cimals of land in the name of the defendants and, in such view of the matter, the suit for declaration of title for 12(twelve) decimals is not maintainable without further prayer that SA record was wrongly prepared for 6 (six) decimals in the name of plaintiffs and 22 decimals in the name of the ......rs and have been living there constructing huts, cow sheds and growing vegetables, etc. But in the SA Record of rights, the defendants, in collusion with the settlement staff, have got their names recorded for 22 decimals. The plaintiffs filed Mutation Case No. 1310/8788 and the defendants raise......er, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......eal is dismissed. There is no order as to costs. Ed. ...... of CS Khatian No. 986 has been listed in SA Khatian No. 1151, that the finding of the trial Court as to pre-emptees of not being co-sharers on the ground that there was no mention of the SA khatian in the kabala (Exhibit 'Uma') in the name of the plaintiffs' father is not correct since th..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....d suit is not binding upon the plaintiffs, that the appellate Court did not consider the material fact and thereupon reversed the judgment and decree of the trial Court and that the appellate Court wrongly held that the plaintiffs were not in possession in spite of the fact that land in suit was ......ame is inoperative in respect of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 a...... Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......ibed in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....he petitioner had no right and title to the property he was not a necessary party to the suit for eviction of the monthly tenant. 12. The learned Advocate submits that the High Court Division has wrongly decided that the petitioner failed to prove the title in the suit land as it is an accepted ......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed....... Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... property belonged to one Yasin Bepari and he died leaving a son Taijuddin, and a daughter Taherun Nessa to inherit the same. Taijuddin died leaving a son Afsaruddin, and the said property has been wrongly recorded in the name of Ayatunnessa and Afsaruddin, who filed Title Suit No. 55 of 1973 in ......y belonged to one Yasin Bepari and he died leaving a son Taijuddin, and a daughter Taherun Nessa to inherit the same. Taijuddin died leaving a son Afsaruddin, and the said property has been wrongly recorded in the name of Ayatunnessa and Afsaruddin, who filed Title Suit No. 55 of 1973 in the Cou......respective costs. Ed. ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......The above observation is referable to the provision of section 54 of the Transfer of Property Act). It has further been observed "The dower due to a Muslim wife is a debt—it has been so recorded even under the Muhammadan Law; consequently, if the amount of dower is ascertained and the...... This Case is also Reported in: IV ADC (2007) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... finding that the aforesaid conclusions were without any basis and the further submission that the High Court Division upon a misconception of its jurisdiction under Article 102 of the Constitution wrongly interfered with the judgment and order of the Court of Settlement acting as if it was a Co......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......he Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....ng those findings of the trial Court and without traversing the reasoning assigned therefor illegally reversed the judgment of the trial Court and that the learned Judge of the High Court Division wrongly upheld the judgment of the lower appellate Court which is not a proper judgment of reversal......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......appeal is dismissed without any order as to costs. Ed. ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... and he also got his name mutated on 27-9-1995 initiating Mutation Case No. 270 of 1995-1996 and paid rent up to 1995. But during the Revisional Settlement Operation, the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government......also got his name mutated on 27-9-1995 initiating Mutation Case No. 270 of 1995-1996 and paid rent up to 1995. But during the Revisional Settlement Operation, the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bang......, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....nd 21-5-1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.4692 of 1997. The Miscellaneous Case was registered upon an application filed under section 498 (wrongly written as 496) of the Code of Criminal Procedure. The High Court Division issued Rule to s......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......l Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....her the ship owner denied the truth of the list and the Captain did not state that the cargoes were shipped for another port, the learned Judges were in error holding that the customs authority wrongly held that the seized goods were prohibited and not found in trawler MV Shah Amanat. He fur...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
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