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Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....ight to succession to the said office based on custom and usage has been ignored illegally on the alleged plea of “political administrative consideration.” Lastly the High Court Division erred in holding that “suitability” in the sense of “acceptability to Government” is also a measure o......y to select a Bohmang Chief. The selection will have to be made by the executive only. The court will once enquire whether the selection has been made following the tradition, custom and usage which govern such selection. If so made judiciary will not intervene. If extraneous considerations have inf..Category: Civil Law | Date: | Hits: 203
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....rd owners of the suit land had left this country for India and settled there long before 1965 and accordingly the property has been listed as vested property. 4. The trial Court dismissed the suit holding, inter alia, that the plaintiffs could not prove the basis of taking pattan of the suit land...... (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on record the trial court dismissed the suit holding, inter alia, that the plaintiffs could not prove their possession in the suit land but the l......uit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the suit land by mutating their names in the relevant record and on payment of rent to the Government. 4. On consideration of the testimonies of 4 PWs and 5 DW5 and other documentary evid..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....s from the impugned judgment that the matters were decided wholly and solely relying only on section 352 of Mulla’s Mohammedan Law without adverting to the various contentions raised by the parties holding that “in deciding the question regarding custody of minor children we refrain from making ......d Nurul Alam Jalil (born on 23-4-1985) Jasmin Akhter Jalil (born on 8-9-1988). Sharlean Akhter Jalil (born on 24-4-1991) and Mohammad Shah Alam Jalil (born on 9-8-1993) became, a matter of great controversy and the mother Mrs. Sharon Laity Begum Jalil filed the aforesaid 4 writ petitions under Artic..Category: Family Law | Date: | Hits: 250
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....ghter-in-law to show that the deed was legally executed and registered with the free will and consent of the plaintiff having free and independent advice. Hence, the learned Single Judge was right in holding that the defendants totally failed to prove that the suit was barred by limitation. In the p...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....as appointed to the then East Pakistan Secretariat Service Class-I on 12-11-70 on the basis of the then East Pakistan Civil Service Combined Competitive Examination, 1969. At the material time he was holding the post of Deputy Secretary. He similarly complained that without promoting him the Council......vs. Union of India, AIR 1986 (SC) 555); (Union of India vs. Majji, AIR 1977 (SC) 757; Sethi vs. Union of India, AIR 1975 (SC) 2164; Mehta vs. Union of India, AIR 1977 (SC) 1673); Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201; Ajay Hasia vs. Khalid Mujib Sarwardi, (1981) 1 SCC 487 = A..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
.... and 24-2-97 referred some papers showing that the writ-petition functioning as the Chairman of the Union Parishad even in February, 1997 and as such the High Court Division, he submits, was wrong in holding that the petitioner had obtained the stay order upon suppression of facts. 5. It is not ......gh Court Division, Dhaka in Writ Petition No. 66 of 1997). Judgment ATM Afzal CJ. - The petitioner, Chairman of Barabaria Union Parishad PS Chitalmari, District Bagerhat, was suspended by the Government by an order dated 1-12-96. He filed writ petition No. 66 of 1977 on 2-1-97 challenging the..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....urther referring to the decisions Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD)83 and some others submitted that the High Division was wrong in holding that there was no valid service of notice upon the defendants. He submitted that the declara...... 2. Material facts of the case are that the plaintiff company, a manufacturer of various iron and steel materials, instituted the aforesaid suit on 1-11-95 against the defendant-respondents for recovery of Taka 7,86,28,200.35. Defendant- Respondent No. 1, a private construction company, started b..Category: Procedural Law | Date: | Hits: 134
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......vil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and other..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....pass an order of dismissal the Respondent was required to be specifically authorised by the Parishad in that behalf, himself being not the appointing authority. The High Court Division was correct in holding that the dismissal order was passed by an incompetent authority…………..(9 & 10) ......Act No. XXII of 1989) which is in force. On 18-5-79 the respondent tendered his resignation in protest against certain misdeed of the then Director General. Subsequently, however, it was held by the Government that the acceptance of resignation by the Director General was not according to law and, a..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....ve at the instance of the elected Chairman is from judgment and order dated 10-3-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 519 of 1999 discharging the Rule and upholding the order dated 30-7-1998 passed by the Election Tribunal Moheshkhali, Cox’s Bazar in ...............................Respondents Judgment July 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i..Category: Election Law | Date: | Hits: 109
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
.... (3) The learned Judges committed great illegalities causing a serious miscarriage of justice in discarding the evidence of PWs 1, 4, 8, 12 and 18 and other material evidence on record and abruptly holding that the prosecution failed to prove the case beyond all reasonable doubt that accused respo......ch evidence as incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involv..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....have corroborated each other about the possession of the plaintiffs in the suit land. 5. On appeal by the defendant respondents the learned appellate court dismissed the appeal holding, inter alia, that there is no reliable evidence in support of the defendants case about taki......ossess the suit land for a long period by constructing dwelling huts and residing therein. 16. P.W.1, who is plaintiff No. 2 in his evidence, stated that the homestead of the defendants covered the entire the suit land but later he stated that the defendant also grows vegetables in a po..Category: Property Law | Date: | Hits: 76
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....e plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dated 12-8-91 passed in Civil Revision No. 482 of 1988 discharging the Rule and upholding thereby the judgment and order dated 24-4-88 passed by the learned Senior Assistant Jud...... Misc. case and thereafter upon an objection raised by the Respondent No.3 another son and three daughters of said late Dr. Md. Ismail Khan had been added as parties in the Misc. case on 11-6-80. Moreover said Md. Yunus Talukder in para 7 of his Counter-Affidavit filed before the High Court Division..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....tion could have been taken in derogation of the rights of the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise." 5. We h......facts are that the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
.... Ariff, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an order withholding B.Sc. (Honours) and M.Sc. examination results and thereupon erred in holding that respondent......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....and possession. The learned Advocate-on-Record further submitted that in the name of domesticated son-in-law did not acquire any right title and possession the Court of appeal below erred in law in holding that the plaintiffs have acquired title on the basis of adverse possession. 11. Admitte......unsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land compris..Category: Procedural Law | Date: | Hits: 112
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
.... Sunamgonj. 4. In the appellants contested the case by filing written statement contending inter alia that the application is bad for defect of parties and all the co-sharers of the case holding have not been made parties mentioning specifically that Abdur Rashid Chowdhury and Tofa......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... 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 ignore......ive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind collected from the Mazar and that the formation of the committee to look after th..Category: Property Law | Date: | Hits: 57
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....and Assistant General manager seek leave to appeal against the judgment and order dated 07.09.2003 passed by the Administrative Appellate Tribunal in Appeal No. 57 of 2002 dismissing the appeal and upholding the judgment and order dated 20.06.2002 passed by the Administrative Tribunal, Dhaka in Admi......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
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