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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... in the impugned judgment regarding actions of the respondents based on paper clippings are not legally maintainable. 14. It appears that the High Court Division intended not to go into the disputed question of facts but at the same time expressed their disapproval to the police actions a......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......requirement by the courts below has been reversed by the High Court Division without proper reasoning. 9. The learned Counsel for the appellant submits that the High Court Division was in error in holding that as possession of the premises in suit was made over to the defendant on receiving Tk.95..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... appearing for the appellant reiterated submissions made earlier. 7. He further submits that the High Court Division committed error in rejecting the application for stay, of the proceeding holding that the parties in the suits and the subject matter is not same. 8. He in particular..Category: Procedural Law | Date: | Hits: 105
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ate not fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ..Category: Trust/Waqf Law | Date: | Hits: 190
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......the petitioner submits that the possession was taken over on 30.8.2004 and the first Appeal was filed on 31.8.2004 when there was no appeal pending and as such the High Court Division erred in holding that the suit was pending when pre-emptor dispossessed the other side during the pendency t..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....between the parties. The amendment has therefore, been rightly disallowed. 8. From the pleadings of the parties, it is clearly discernible that both the parties are co-sharers to the disputed holding by purchase and exchange. The only question that is raised and calls for dete......learned Advocate for the appellants submits that the amendment in question in effect seeks to incorporate an alternative prayer for partition if the defendants are found to be co-sharer in the suit holding and such amendment will not change the nature and character of the suit, rather such altern..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
.... suit land. 6. We have heard Mr. AJ Mohammad Ali, the learned Counsel for the appellants and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that the suit land measuring 42 decimals belonged to Mukti Miah. It is also undispute......sion disposed of all the three appeals and set aside the judgment and decree passed by the learned Subordinate Judge (now Joint District Judge), in Title Suit No. 71 of 1991 and dismissed the suit, holding that "Most of the parties are residing in their respective building for a long time o..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sal and the Government-appellant contested the case. The Administrative Tribunal dismissed the case. The respondent preferred an appeal and the Administrative Appellate Tribunal allowed the appeal holding that the order of dismissal was passed illegally. 4. Leave was granted t..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......finition of mineral for which the respondent can enter into or allow any third party to enter into the tea estate for this purpose, that illegality has been committed by the High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realis..Category: Property Law | Date: | Hits: 43
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ave expired in 2005. Consequently, it would have been thereafter the turn of a member of the First Group to be appointed as Mutawalli. It is against the backdrop of the situation pertaining to the holding of office of Mutawalli in the year 2000 that one Anowarul Islam Khan, son of late Yar Ali K..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ies are increasing and if this situation continues the creditors, within a short period, will put the suit properties in auction. 4. As it appears the High Court Division allowed the appeal holding that receiver can not be appointed in respect of the property in a partition suit except by..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....earned Counsel for the petitioner and Mr. Abdul Wadud Bhuiyan, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the opposite party No.1, the present petitioner took loan of Tk.25 lacs from Janata Ba......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......d the defendant preferred Title Appeal No.9 of 2003 before the learned District Judge, Narayangonj against the aforesaid judgment and decree. 5. The learned District Judge after holding local enquiry on consent of both the parties took statements from 10 local people and tena..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......0 and 11 and Appeal No. 51 was filed by the Government represented by the Secretary, Ministry of Posts and Telecommunications. The appeals were heard together and the same were allowed upon holding "that Accountant Service is a cadre having three classes (a) Probationers (b) Junior A..Category: Administrative Law | Date: | Hits: 125
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......s by leave arose out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....3 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ent for sale dated 29-11-76. The defendant Nos. 1 and 2 then moved the High Court Division and obtained Rule in CR No. 3175 of 1993 and after hearing the High Court Division made the Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of th..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......nding and thereafter by letters dated 20-9-1998 and 27-9-1998 showed the petitioner removed from his service with effect from 12-9-1998. The High Court Division, after hearing, discharged the Rule holding that the impugned order has been passed by the respondent No. 7, the Principal of Rifles Pu..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....e, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such......w wife leaving defendant No. 3; the defendant No.3 then, with an ulterior motive, applied to the Government for allotment of the suit land in her favour whereupon the defendant No. 1, without holding any inquiry, served notice dated 19-1-1996 upon the plaintiff to hand over possession ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....Deputy Attorney-General for the appellants and Mr. Rafiqul Huq, the learned Counsel for the respondent and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that in respect of LA Case No.32 of 1967 and LA Case No. 61 of 1957-58 gazette notificati...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
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