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KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons 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: 12 BLC (AD) (2007) 65. ...... instrument in question is void and his right has not been affected thereby and, or, the defendant acquired no right thereby, then the reliefs are covered by both sections 39 and 42. In such cases provisions of sections 39 and 42 will overlap". The learned Judge of the High Court Division h..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....t Judge, Sylhet clearly mentioned "(text in Bengali)” but admittedly the said order was neither communicated to the parties nor was shown to any of the Advocates of the parties which is mandatory in view of the provisions of Rule 388 of the Civil Rules and Order; the second impugned o......mentioned "(text in Bengali)” but admittedly the said order was neither communicated to the parties nor was shown to any of the Advocates of the parties which is mandatory in view of the provisions of Rule 388 of the Civil Rules and Order; the second impugned order dated 6-11-1991 rej..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......ble of an Act cannot control or restrict the substantive provision of the Act and that it can be of some guidance if there is an ambiguity in the sections or some doubt as to the true scope of the provisions of that enactment" and that preamble cannot curtail or restrict the scope of the Ac..Category: Property Law | Date: | Hits: 48
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... contained in the terms and conditions of his employment in any contract, rule, regulation, bye-law or other instrument, retire from employment on the completion of his 60th year; the provisions of the above Ordinance, 86 and the amending Act 1994 are applicable to the establis..Category: Employment/Service Law | Date: | Hits: 90
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....erved that evidence on record clearly shows that requirement of law seeking pre-emption under the Muslim law was not performed by the pre-emptor before filing the suit seeking preemption, that mandatory provision of law relating to the pre-emption under the Muslim law has not been observed ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ...... the High Court Division Rafinul Islam. Assar Ali and Rejaul Kabir are co-sharers in the tenancy by inheritance and the disputed deed was executed in their favour on 4.4.95, so because of the provisions of clause (a) of sub-section II of section 24 of the Non-Agricultural Tenancy Act, 1949 ..Category: Property Law | Date: | Hits: 30
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ...... 3. The principal defendants contested the suit by filing written statement and denied the material allegations made in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case, in..Category: Property Law | Date: | Hits: 31
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......Court Division erred in dismissing the suit without applying the amended law i.e. the Hat and Bazar (Establishment and Acquisition) Ordinance, 1959 as amended in 1966 and also by applying the provisions of the Land Administration Manual, 1990 which has no manner of application after the Khu..Category: Property Law | Date: | Hits: 25
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......ance in this application. 6. The learned Advocate who appeared with the leave of the Court submits that the High Court Division was in error in rejecting the writ petition summarily because provisions of Ordinance No.24 of 1970 ousted jurisdiction of the civil Court to grant injunction. H..Category: Property Law | Date: | Hits: 29
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......t suit land and as such there is no need for making the Government a party in the suit as the present suit is neither for specific Performance of Contract nor declaration of title and thus the provisions of P.O. 142 of 1972 are not applicable in the present case. The learned Counsel emphasi..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ...... reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order", (rest of the provisions are not necessary for the disposal of the appeal) 16. It is see..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......the two parties are litigating over a matter, equity will not come to the aid of an indolent party who does not keep track of the course of the proceedings. When the matter is regulated by express provisions of the procedural rules there is no scope for introducing a supposed rule grounded on va..Category: Property Law | Date: | Hits: 23
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ...... Court and this led the plaintiff-petitioner to file the civil petition for leave to appeal. 6. Mr. Khondker Mahbubuddin Ahmad, learned Counsel for the petitioner submits that in view of the provisions of Order 17, Rule 4 of the Code of Civil Procedure (Act 40 of 2003) and in view of the ..Category: Property Law | Date: | Hits: 43
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......Artha Rin Adalat was illegal being in violation of section 56 of the Code of Civil Procedure which prohibits arrest or detention of a woman in civil prison in execution of a decree inasmuch as the provisions of the Code of Civil Procedure are applicable in execution proceedings before the Artha ..Category: Civil Law | Date: | Hits: 111
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ......that the enquiry was conducted according to law, that the opposite party in the complaint cases could not establish, that the case of the petitioners in the complaint cases is governed by the provisions of Government Servants (Discipline and Appeal) Rules 1985 nor could establish, that the ..Category: Labour and Industrial Law | Date: | Hits: 109
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
.... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ......the learned Attorney General that a 'petroleum agreement' as envisaged in section 4 of the Bangladesh Petroleum Act, 1974 is a precondition for import of petroleum after interpreting the provisions of sections 2 and 4 of the said Act. 5. Leave was granted to consider the sub..Category: Business or Commercial Law | Date: | Hits: 94
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......s of the High Court Division fell into an error of law in applying the principles of Res Judicata inasmuch as the Trade Mark Act is a special law and in an appeal under section 76 of the said Act the provisions of section 11 of the Code of Civil Procedure has no manner of application and in that v..Category: Intellectual Property Law | Date: | Hits: 196
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......eath the petitioners are possessing the suit land; because of their long possession for over 37 years since 1358 B.S. the petitioners acquired possessory title in the suit land; in view of the provisions of section 110 of the Evidence Act the possession of the petitioners are referable ..Category: Property Law | Date: | Hits: 30
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......e name of Brick Buring (Control) Amendment Act, 2001. After amendment of Section 4 of the Brick Buring (Control) Act, 1989 a new Sub-Section 5 was introduced as under: (Text in Bangla) 4. Some new provisions about inspection has been introduced is Section 6 which are as follows: (Text in Bangla) ..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ......u Barman was the tenant of C.S. Khatian No. 116 and Sarbananda and Motinath were the korfa tenants of C.S. Khatian No. 117 which is the undertenure Khatian of C.S Khatian No. 116; according to the provisions of section 48(C) of the Bengal Tenancy Act 1885 if the land of tenant is auction sold, t..Category: Property Law | Date: | Hits: 67
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