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Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....l court in this respect. It is also patent that the appellate court did not reverse the finding of the trial court that the plaintiff failed to prove that the agreement for reconveyance (Ext. D), the disputed deeds of reconveyance and subsequent sales were collusive, fraudulent etc. The appellat......s widow. Defendant No. 5 Kanu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 19..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......d, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Division dated 16.5.93 passed in Writ Petition No. 683 of 1989 holding, inter alia, that the Ad hoc Managing Committee of the appellant's Society being a "lo..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......nce in the mind of the employer that the worker is not likely to recover from such illness and resume normal duties. It therefore appears to us that the learned Labour Court was correct in holding that a solitary case of illness which is a curable illness, even if it continues for a per..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......ioner thereafter made several representations to the various relevant authorities of the Government clearly stating that she was a Bangladesh Nationality by operation of law and was at present holding Canadian Nationality and that her property is not liable to be declared as an abandoned pro..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......me of the S.A. recorded tenants have not been made parties and brushed aside, for want of proof, the contention of the appellant that those recorded tenants have no subsisting interest in the holding in question. This objection as to non-joinder of co-sharers was specifically raised in the ..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant No. 2. is the Managing Director thereof holding majority shares, that the appellants used to carry on the business of exhibition of Cinema..Category: Property Law | Date: | Hits: 39
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....kbul Bhuiyan and Shamsuddin. They have been owning, possessing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in re......ore it cannot be said that Sheikh Bagu was in any way bound by the transaction by the kabala in question. The learned Judges of the High Court Division have therefore misdirected themselves in law in holding that Sheikh Bagu must have notice of the sale of the disputed land to Abdul Barek and others..Category: Procedural Law | Date: | Hits: 36
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
.... has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant. 7. But in the present case the claimant of the building discharged...... case. As against that the above heirs of Md. Hanif moved the High Court Division and obtained Rule in Writ Petition No. 321 of 1989 and the High Court Division, after hearing, discharged the Rule holding, inter alia, that the above heirs failed to rebut the presumption regarding the abandoned c..Category: Property Law | Date: | Hits: 30
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......rative Tribunal No.1, Dhaka till disposal of the Miscellaneous Appeal No. 2 of 2008. 2. The Administrative Appellate Tribunal on consideration of the materials on record rejected the prayer holding that there is no provision either in the enactment or Rule of the Administrative Tribunal A..Category: Administrative Law | Date: | Hits: 92
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
.... petition impugning the order being Nothi No. 3(115)/Ka:Ma:Pra:/ 2000/475 dated 30.9.2001 of the National Board of Revenue rejecting the writ petitioner’s prayer for exemption to deposit 20% of the disputed tax at the time of filing appeal before the Taxes Appellate Tribunal against the order date......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....uisition and Tenancy Act 1950. 10. Mr. Alam further submits that the lower appellate court having held that the plaintiff could not prove by producing the gazette notification that the disputed plot is a part of Government "reserved forest and accordingly the learned Additional ......t forest and as such in view of the provision of sub-section (2)(a)(iii) of section 20 of the State Acquisition and Tenancy Act, 1950 the learned Judge of the High Court Division erred in not holding that the Title Suit No. 160 of 1966 was not maintainable and thereby the ex parte decree da..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that Ful Mehar Bibi was defendant No.8 in original Title Suit No. 285 of 1980 subsequently......finding committed any error of law resulting in an error in the decision occasioning failure of justice, and the last submission that the High Court Division committed an error of law in holding that the application under order 9 rule 13 of the Code of Civil Procedure is barred by..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....dul Wadud Bhuiyan, the learned Counsel for the respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) and 4 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit plot Nos. 1662 , 1600, 1596, 1606 1350 and 1410 of mouza Araisha Proshad, Dis......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... respondent No. 2 the Labour Court rightly set aside the impugned order of discharge. 7. Leave was granted to consider whether the learned Judges of the High Court Division were justified in holding that for discharging a worker under Section 16 of the Act, notice under Section 18 thereof ..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......relevant time supported by documentary evidence Ext. 7 (permission given) by the Waqf Administrator to give long term lease) the High Court Division misconstrued the evidence of P.W 2 and erred in holding that he was not Mutwalli of the Dhaka Nawab Waqf Estate at the relevant time. Secondly he s..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......t by Lala Ram Sankar Roy escheated to the Government and the Government not being a party to O.C. Suit No. 35 of 1969 the learned Judges of the High Court Division fell into an error of law in not holding that the property in suit belonged to Sarna Kumari who executed the agreement for sale with..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......Both the writ petitioners obtained a Rule Nisi in their respective writ petition. The learned Judges of the High Court Division made the Rule absolute by a common Judgment and order dated 9.7.1993 holding in so far as writ petition No. 648 of 1987 is concerned that the Government was not fo..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....as granted to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the ......t-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served t..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......the writ-petitioners. 4. A Division Bench of the High Court Division heard all the writ petitions together, but by separate judgment and order made the Rules absolute, as already mentioned, holding, inter alia, that the corporation having failed to pay finally all dues of the writ petiti..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ...... under sub-section (I) of section 3 of the Act, but the provincial Government had not exercised the right of possession over such interest the mutawallis, shebaits or trustees, as the case may be, holding such interests on the date of acquisition, shall continue and be deemed to have continued t..Category: Property Law | Date: | Hits: 43
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