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Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge......Kumar, Ranginimoyee Dashya and Soudamoni Deshya, recorded in CS Khatian No. 390, Mouza Kazipur, PS Gangni, Meherpur; that during SA Operation the suit land was wrongly recorded in the name of the Government and they instituted TS No. 50 of 1969 for correction of record and got a decree; that in ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....peal No. 32 of 1987. 2. The heirs of the defendant Chitta Ranjan Chakrabarty are the appellants. The original plaintiffs Janendra Chandra Roy and his mother Suhashini, were the owners of Municipal holding at Amlapara Ganguly Road within the town of Mymensingh described in the schedule to the plai...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....he Minister of Education legally extended the service of the former Headmaster of the School for two years with effect from 1-9-95 and, as such, the learned Judges of the High Court Division erred in holding that Annexure-L dated 6-2-96 had also been issued without any lawful authority. 6. Syed B...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment ..Category: Constitutional Law | Date: | Hits: 163
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6-1-93 holding that the Misc. cases pending in the Artha 1 Adalat should be tried and disposed of by that ......law may, without the intervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corporation from the borrower or his surety shall be recoverable as arrears of land revenue. Article 27(1) provides that where by reason of the breach of a..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ng anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be s......ing contained in any other law for the time being inforce, if any mortgagee prevents the redemption of a usufructuary mortgage under the proviso to-sub-section (I) or refuses to restore any land covered by a usufructuary mortgage, the mortgagor may apply to the Sub divisional Magistrate or, af..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....ough it has been proved that plaintiff No. 1 is in possession of a part of the suit property the basis of the title of the plaintiffs has not been proved and therefore the trial Court was right in holding that before partition the plaintiffs have to establish their right and title to the suit pr......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....bubuddin, learned Counsel who appeared for the appellant substantially raised the following questions for consideration in this appeal: (1) Whether the High Court Division was justified in holding that the trial Court was not competent to raise an issue suo motu on title by adverse poss......ion to the Sub-Divisional Officer, Sadar (North), who in his turn deputed a Magistrate for necessary action. After enquiry the Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to defendant No. 2 giving rise to the cause of action for suit. ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... revision and obtained a Rule in Civil Revision No. 1366 of 1992. A learned Single Judge, by the impugned judgment and order dated 29 April, 1993, upon hearing the parties discharged the Rule holding that in enforcing a decree for money the Court may on the prayer of the judgment-debtor dir...... under the Code, or (b) as an order for payment of fine made by a Magistrate under the Code of Criminal Procedure 1898 (Act V of 1898) and on such execution the decretal amount recovered shall be paid to the decree-holder. 3A) For the purpose of execution of a de..Category: Family Law | Date: | Hits: 144
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ejected on January 28,1995, against which he preferred the above mentioned Misc. Appeal before the Administrative Appellate Tribunal which has been dismissed by the impugned judgment and order upon holding, inter alia, that the Administrative Tribunal Act 1980 does not empower them to grant any ......s of a court but it is not a Court proper, which exercises all the judicial powers of the Court provided under the Code of Civil Procedure. Reference may be made of the cases of Mujibur Rahman vs. Government al Bangladesh & Others 44 DLR (AD) III; Kazi Nazrul Islam vs. Bangladesh House Build..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... Judgment: ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning ......sp; ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning of section 7(2) (e) of the Local..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....viction and sentence as referred to above in which the impugned judgment and order were passed. 8. It was argued by the respondents that inasmuch as the learned Sessions Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded...... and when respondent No. 1 caught hold of his hands, respondent No. 2 slaughtered Nuruddin with the bati dao and he died then and there. Respondent No. 2 immediately left the place under the cover of darkness and respondent No. 1 washed his blood-stained lungi, ganji, etc. After about half..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... the respondent under paragraph 120 ch. IV of the said Orders and, as such, he was quite competent to remove him from service. 3. The Administrative Tribunal dismissed the case after holding that the Controller and Auditor General being the appointing authority was competent to pa......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... that the Parishad could not maintain the writ petition in a representative capacity on behalf of its members and approval was given to the decision in the case of Dada Match Workers Union 29 DLR 188 holding that a trade union cannot maintain an application under Article 102 of the Constitution aski......ections—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a part of the over-all scheme, objectives and purposes of the Constitution. And its interpretation is inextricably..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....eirs of the said plaintiff to proceed with the Miscellaneous Case and with the suit itself. A learned Single Judge of the High Court Division by the impugned judgment and order discharged the Rule holding, inter alia, that the petitioner’s application dated 28-4-85, filed in the aforementi......shall abate so far as the deceased plaintiff is concerned, and on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the Suit, to be recovered from the estate of the deceased plaintiff.” 11. Article 176 of ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....atisfactory. 4. The Administrative Tribunal, however, by its judgment and order dated 7-5-94 allowed the said case and set aside the order of dismissal of the petitioner from service holding, inter alia, that, the order of dismissal had been passed without consultation with the Sup......s Judgment November 27, 1997. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with opportunity to defend and when such delinquent being dismissed..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
.... being a monthly ejectable tenant under the plaintiff-respondent. Therefore not much can be achieved by establishing this point. 4. Mr. Pal next submits that the Courts below were wrong in holding that the lease expired on 1-1-90, which is contrary to section 106 of the Transfer of Prop......ed to have refused to receive was wrongly accepted by the Courts below as proper service of notice terminating the lease. 7. Defendant No. 1 respondent No. 2 was the chairman of the Governing Body of the Kindergarten school at the time when the lease deed was executed between the ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... the evidence on record disbelieved the case of the appellants that they had come to know for the first time the ex parte decree on February 22, 1988 and accordingly dismissed both the Misc. Cases holding, inter alia, that the same are barred by limitation, being filed long beyond 30 days of the......ate Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appell..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ce on 22-12-84 under Rule 4(3) of 1984 Rules charging him with the offence under rule 3(Ga) and 3(Kha) thereof and he replied in writing to the said show cause notice to respondent No.6; that after holding necessary enquiry in the said departmental proceeding, the concerned authority released him...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Po..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ount specified therein being the conclusive proof that the amount was due, there was nothing left to be determined and, as such, the learned Judges of the High Court Division have erred in law in holding that the Certificate Officer had signed the certificate in a mechanical manner without d......eghna Enterprises and another…………………………….. Respondents Judgment March 1, 1998. The Public Demands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65..Category: Business or Commercial Law | Date: | Hits: 150
.... or investigation. Here the Ordinary meaning is required to be given to the word ‘report’ unlike a report filed by a Police Officer upon investigation. The High Court Division is plainly wrong in holding that “it is clear when there is provision for taking cognizance on the basis of a report, ......w should not be stretched too far so that big companies against whom serious allegation of foul play concerning national economy is being made before the Court by a statutory authority can themselves overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate th..
Category: Business or Commercial Law | Date: | Hits: 163
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