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Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....he appellant and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent Nos. 1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the suit land belonged to defendant No. 2. The case of the plaintiff is that the def......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ....... Ansarinor any mutation paper nor any municipal record have been produced to prove the claim of the respondent. In view of the aforesaid we hold that the High Court Division misdirected itself in holding that when there was a registered deed of gift the respondent has a genuine and strong claim..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on evidence. In our view High Court Division was not in error in holding that from the defendants' side evidence was lacking to establish the case of surrender..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....cted against the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease from the Government.......e same was abandoned properly and such transfer is hit by Article 6 of P.O. 16 of 1972. 11. In the circumstances, we are of the view that the High Court Division committed an error of law in holding that the suit property is not abandoned property. We are also of the view that the citizens..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......d illegally fixed value @ USS 3.60 per sheet applying the principle of proportionate value. 3. The High Court Division heard the above writ petitions analogously and made the Rules absolute holding that in the Gazette Notification dated 19.5.99 no tariff value being fixed on t..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
.... The vital point for consideration in this appeal is whether the Managing Director of the Bank was the competent authority to issue order of compulsory retirement of the respondent No.1. It is not disputed that the order of promotion of the respondent No.1 to the post of Deputy General Manager w......eneral Manager of the Bank. 16. In view of the facts and circumstances and the discussions made above, we are of opinion that the Administrative Appellate Tribunal committed error of law in holding that the Managing Director of the Bank was not the competent authority to issue the impugne..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....e learned Counsel for the appellants and Mahbubey Alam, the learned Counsel for the respondent No. 1(Kha) and have pursued the judgment of the High Court Division and the record. 6. It is undisputed that the suit land and other lands belonged to Basanta Kumar, Haladhar and Bharat Chandra ......alleged pattan in favour of the plaintiffs they are in possession. 7. The trial court, it appears, believed the plaintiffs story of pattan by dakhilas and subsequent kabuliyat Ext. 2 series holding that Basanta Kumar was karta of the family and as karta he gave pattan although the trial c..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....Attorney General for the appellants and A.B. Taz Mohammad, the learned Advocate for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It is undisputed that the respondents are persons in the service of the Republic being employees of the Hig......1 C.P.C. and found that there is no "another court" in which the plaint of the instant suit can be filed. On the same reasoning the Division Bench found that the trial court was wrong in holding that the suit is impliedly barred under section 9 of the Code of Civil Procedure. The impug..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... 14.5.2002. Hence is this petition for review. 2. Md. Nowab Ali, learned Advocate-on-Record, in support of the petition submits, inter alia, that the High Court Division erred in law in not holding that the respondent’s application for permanent injunction was not maintainable in vi..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......has divorced his first wife Hasna Pervin and that married Dr. Jhunu Shamsun Nahar but he did not place any document in support of the claim. This being the position the AAT was totally in error in holding that appointment of the respondent was cancelled for 'collateral purpose on some extraneous..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....n determined by the Government. But subsequently to the utter surprise of the respondent it was notified for the auction sale on 13.7.1985 giving rise to the cause of action of the suit. It is not disputed that the plaintiff has been residing in the suit building since 1968 and at his instance t......) Rules 1972 providing clearly that abandoned buildings, not required for public purpose or in public interest, shall be sold to the highest bidder in open auction, the High Court Division erred in holding : "It is not understood why the plaintiff would go for participating in auction to pur..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......ssions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure and thus fell into an error of law in holding that foreign judgment, Exhibit-3 was admissible. 5. We have heard Mr. AJ. Mohammad A..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....te Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7. The learned Counsel for the appellant submits that undisputed position is that the Respondent No.1, plaintiff in the suit, Other Class Suit No. 41 of 20......rred in law in not rejecting the plaint of the Other Class Suit No. 41 of 2000 at least with respect of 'ka' schedule property of the instant suit, that the High Court Division was in error in not holding that on the averments made in the plaint of Other Class Suit No. 41 of 2000 as the relief p..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......uit to the plaintiff and the alleged transfer was made by the Ministry of Works beyond its power and as such the transfer, if any, has been made is void and thus High Court Division was in error in holding that the plaintiff has title and possession of the land in suit, that in a suit for permane..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....hereafter, the present suit was filed. 3. The defendant Nos.1 and 2 by filing a joint written statement denied the material allegations made in the plaint and contended, inter alia, that the disputed land was in the bed of river Jamuna which was a navigable river during the C.S. operation ......land forming part of Dag No. 490 and it was apparent that the plaintiff had no land or house near about the suit land. In such circumstances it was natural that the riparian owner of the adjoining holding of the suit land would go into possession of any land coming out of the river by way of all..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....ong for fresh hearing and then as per direction of the Appellate Tribunal the parties submitted documents in support of their respective cases waiving formal proof thereof as the documents were not disputed and the said case was then heard afresh and after hearing by judgment and order dated 29.......en wrongly decided causing great prejudice to the appellant. 8. None appeared for the respondents. 9. As it appear the Labour Court dismissed the above Trade Union Case No. 22 of 1988 holding that at the time of re-hearing of the case both the parties filed papers and documents in s..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....d to hand over possession of the property to the claimant, the Respondent No.3, upon evicting its allottee. 5. It may be mentioned that ownership of the property by the Respondent No.3 is undisputed one. It is the case of the appellant that since he is mortgagee in respect of the property......Respondent No.3 and that without any rent the appellant is occupying the property in question illegally, that in spite of the property being not an abandoned property the appellant is illegally withholding possession thereof and that as the property is not an abandoned property the Respondent Nos..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......mitation Act. The learned Additional District Judge found that the defendant could explain the delay and accordingly the lower appellate court condoned the delay and accepted the memorandum of appeal holding that appeal was not barred by limitation. 6. The learned appellate court also held that t..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......h Court Division erred in law in passing the judgment and order inasmuch as Sub-section 3(B) of Section 173 of the Code of Criminal Procedure does not permit the sending of a case by the court for holding further investigation. Only the police on their own can hold further investigation. ..Category: Criminal Law | Date: | Hits: 102
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......iew that the land as to which decree for khas possession sought for unspecified and indefinite. 9. Leave was granted to consider the contentions that the High Court Division was in error in holding that the judgment on the basis of Exts. 4 and 6 is incorrect in that decision as regard the..Category: Property Law | Date: | Hits: 48
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