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Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......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..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......d illegally fixed value @ USS 3.60 per sheet applying the principle of proportionate value. 3. The High Court Division heard the above writ petitions analogously and made the Rules absolute holding that in the Gazette Notification dated 19.5.99 no tariff value being fixed on t..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......eneral Manager of the Bank. 16. In view of the facts and circumstances and the discussions made above, we are of opinion that the Administrative Appellate Tribunal committed error of law in holding that the Managing Director of the Bank was not the competent authority to issue the impugne..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......alleged pattan in favour of the plaintiffs they are in possession. 7. The trial court, it appears, believed the plaintiffs story of pattan by dakhilas and subsequent kabuliyat Ext. 2 series holding that Basanta Kumar was karta of the family and as karta he gave pattan although the trial c..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......1 C.P.C. and found that there is no "another court" in which the plaint of the instant suit can be filed. On the same reasoning the Division Bench found that the trial court was wrong in holding that the suit is impliedly barred under section 9 of the Code of Civil Procedure. The impug..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....-petitioner had no dwelling houses on the suit property and in the plaint of his suit he did not claim to have any dwelling houses there and rather made averment that he possessed the suit land as agricultural land and after hearing the parties by order dated 15.2.1998 directed the defendant-pet...... 14.5.2002. Hence is this petition for review. 2. Md. Nowab Ali, learned Advocate-on-Record, in support of the petition submits, inter alia, that the High Court Division erred in law in not holding that the respondent’s application for permanent injunction was not maintainable in vi..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......has divorced his first wife Hasna Pervin and that married Dr. Jhunu Shamsun Nahar but he did not place any document in support of the claim. This being the position the AAT was totally in error in holding that appointment of the respondent was cancelled for 'collateral purpose on some extraneous..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......) Rules 1972 providing clearly that abandoned buildings, not required for public purpose or in public interest, shall be sold to the highest bidder in open auction, the High Court Division erred in holding : "It is not understood why the plaintiff would go for participating in auction to pur..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......ssions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure and thus fell into an error of law in holding that foreign judgment, Exhibit-3 was admissible. 5. We have heard Mr. AJ. Mohammad A..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......rred in law in not rejecting the plaint of the Other Class Suit No. 41 of 2000 at least with respect of 'ka' schedule property of the instant suit, that the High Court Division was in error in not holding that on the averments made in the plaint of Other Class Suit No. 41 of 2000 as the relief p..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......uit to the plaintiff and the alleged transfer was made by the Ministry of Works beyond its power and as such the transfer, if any, has been made is void and thus High Court Division was in error in holding that the plaintiff has title and possession of the land in suit, that in a suit for permane..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......land forming part of Dag No. 490 and it was apparent that the plaintiff had no land or house near about the suit land. In such circumstances it was natural that the riparian owner of the adjoining holding of the suit land would go into possession of any land coming out of the river by way of all..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......en wrongly decided causing great prejudice to the appellant. 8. None appeared for the respondents. 9. As it appear the Labour Court dismissed the above Trade Union Case No. 22 of 1988 holding that at the time of re-hearing of the case both the parties filed papers and documents in s..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......Respondent No.3 and that without any rent the appellant is occupying the property in question illegally, that in spite of the property being not an abandoned property the appellant is illegally withholding possession thereof and that as the property is not an abandoned property the Respondent Nos..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......mitation Act. The learned Additional District Judge found that the defendant could explain the delay and accordingly the lower appellate court condoned the delay and accepted the memorandum of appeal holding that appeal was not barred by limitation. 6. The learned appellate court also held that t..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......h Court Division erred in law in passing the judgment and order inasmuch as Sub-section 3(B) of Section 173 of the Code of Criminal Procedure does not permit the sending of a case by the court for holding further investigation. Only the police on their own can hold further investigation. ..Category: Criminal Law | Date: | Hits: 102
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......iew that the land as to which decree for khas possession sought for unspecified and indefinite. 9. Leave was granted to consider the contentions that the High Court Division was in error in holding that the judgment on the basis of Exts. 4 and 6 is incorrect in that decision as regard the..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... with the decision of the Sessions Judge, the High Court Division reversed the judgment The Sessions Judge on the basis of evidence leading to the conduct of the accused respondents convicted them holding that from the very beginning they acted in such a manner as to cause disappearance of the e..Category: Criminal Law | Date: | Hits: 129
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ort of the Deputy Commissioner, Barisal without issuing any show cause notice upon him. The impugned order was issued out of misconception as the petitioner was in no way a disqualified person for holding the office of the Chairman under the provisions of section 7(2) of the Local Government (Un..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......e to be dismissed. 3. The decree-holder respondents filed an application for rejection of the said application as not maintainable. The learned Assistant Judge rejected the said application holding that the application under Order 21 rule 29 of the Code of Civil Procedure can only be fil..Category: Property Law | Date: | Hits: 34
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