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Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ed the above Miscellaneous Case No.53 of 1996 for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is a co-sharer in the case holding by inheritance; his brother, the respondent No.2, by a sale deed dated 17.06.95 transferred..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ddiqui, the learned Advocate for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the pre-emptor is a co-sharer in the disputed holding. It is undisputed that the kabala sought to be pre-empted was executed and pr...... gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.06.1980 without statutory notice to the pre-emptor. The pre-emptor became a co-sharer of the disputed holding by purchase by kabala dated 23.05.1972. The pre-emptor first came to know of the kabala sou..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....y would have been filed. 7. We have heard Dr. M Zahir, the learned Counsel for the appellant, and perused the judgment of the High Court Division and other connected papers. It is not disputed that the appellant entered Government Service as Technical Inspector of Food on 28-7-......ve Tribunal against which the aggrieved party had not preferred any appeal and, as such, there was miscarriage of justice and the submission that the Administrative Appellate Tribunal erred in holding the view that the appellant sought different reliefs from two different sets of respondent..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......rt having scrutinised all the materials on record carefully came to the right conclusion that the exchange deed Exhibit A is a bonafide document. Therefore, the High Court Division erred in law in holding that no fraud was practiced by the plaintiff-respondent. We have considered the subm..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......nwhile, the defendants filed written statement on 18-5-198. The High Court Division, after hearing, relying upon the case of Fazlul Huq vs Md. Tahed Ali reported in 47 DLR 326, discharged the Rule holding that the time limit set by Order VIII, rule 1 of the Code of Civil Procedure is directory a..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....7 of 1972 placing the same under the respondent corporation is not immune from challenge. Refilling the appellant's contention that the writ petitioner-appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division f...... them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26-6-1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the said company; 19,240 shares being h..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......law and, as such, not binding on the High School and that said instructions are under challenge in Court and, as such, upon placing reliance on those materials appellate Court was not justified in holding that the plaintiff has prima facie case as well as arguable case in support of its prayer f..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......t an appeal if preferred within a period of six months after the period of three months specified in sub-section (2) of section 6 and that the Administrative Appellate Tribunal erred in law in not holding that the delay may be condoned if it is not more than six months beyond the usual period of..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....erest. The view taken by the High Court Division cannot therefore be supported. 11. The following statement has been filed showing payment made by the judgment debtor-appellants which has not been disputed by Mr. Hossain. The appellants have also filed a photo copy of the receipt showing deposi...... for accepting the aforesaid balance sum and submitted that they were not liable for further interest after the decree. The learned Subordinate Judge rejected the prayer and the contention inspite of holding that: "It is fact, that the order in execution does not clearly sanction the interest in..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....d Delbaz Vs. Sarada Sundari Debya, 13 DLR 334. The Ijara lease was taken by Ram Prosad in the year 1926, but the land was transferred by his sons in 1977. There is no evidence when he died except the disputed rent-receipts, Ext. 2 series, which were allegedly granted by Ram Prosad in the years nea...... including the suit land with Mohesh Chandra Saha by a registered deed of exchange dated 16 October 1936. At the time of the exchange Ram Prosad Muchi was continuing in possession of the suit land by holding over under the Ijara kabuliyat. Ram Prosad Muchi continued even after this exchange, but..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......se by sea, the other bidders could legitimately complain of discrimination and treatment otherwise than in accordance with law. 4. The High Court Division, after hearing, made the Rule absolute holding that there had been a concluded contract between the parties and the unilateral cancellation..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... water should be made. 4. The High Court Division though recognised that there is a horrible picture of arsenic contamination but nevertheless, rejected the writ petition in limine holding that the petitioner had failed to show that there was any law or rule to allow for sealing..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ...... The list in respect of the property in question and the publication of the list was made as per provision of the Ordinance No.54 of 1985. The Court of Settlement by its judgment dismissed the case holding that the property in question is an abandoned property within the meaning of the provision o..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e has been violation of the Articles 27 and 29(1) of the Constitution. This Court did not accept the said contention i.e. of not treating equally or, in other words, there has been discrimination, holding "when the advertisement was made qualification and experience for the respective ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......prima facie title and possession only in 0.5660 acres of land but by the judgment and order dated 5-5-1999, decreed the suit for permanent injunction against the defendants for the entire suit land holding that both the parties should go for partition after establishment of their title and that ..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ers. 5. The learned Single Judge who heard the appeals has dismissed both the Second Appeals on the view that the Court of the Subordinate Judge had come to a correct finding as to the disputed contract for permanent lease and rightly construed the provision of section 75A of th......appearing for the petitioners, has submitted that the learned Single Judge of the High Court erred in construing the provisions of Section 75 A of the State Acquisition and Tenancy Act and in holding that the agreement for permanent lease of the premises in question was ‘subletting&rs..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....er and Abul Quashem had land dispute with their uncle PW 17, Abdul Bari Chowdhury. They harboured a grudge against the deceased, because of his support to PW 17 they could not get possession of the disputed land. PW 20, Abdul Hamid, the Officer-in-Charge of Banskhali Police Station, came to the pl......out of fear. It appears that PW1 made no such statement and the High Court Division instead of noticing the contradiction on this point between the evidence of PW1 and PWs 3 and 19 misled itself by holding as above. The High Court Division also failed to notice that except PWs 3 and 19 no other wi..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register was called for on the application of the plaintiffs and thereupon re..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......High Court Division has already been quoted hereinbefore. 14. It was the contention of the defendant-appellant before the High Court Division that the trial Court was in serious error in not holding that the defendant-appellant and the respondent No. 2 were all through willing to perform t..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....on to cancel the record of right. It is seen from the judgment of the appellate Court that the said Court proceeded upon the assumption that settlement of the land in suit to Bipin Chandra was not disputed by the defendants and that Bipin Chandra paid rent to the landlord, although the cons......sition and Tenancy Act and an appeal lies against the said order within 30 days which was not filed by the defendant. Section 117 of the State Acquisition and Tenancy Act relates to Sub-Division of holding and restriction thereon. Mutation proceeding and Sub-division of holding are not iden..Category: Property Law | Date: | Hits: 35
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