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Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... death was survived by one son Abdul Khaleque Miji and some daughters. Abdul Khaleque Miji purchased the shares of his sisters and became the sole owner of the suit plot. The plaintiffs purchased the disputed. 0.19-1b/2 acres of land from Abdul Khaleque Miji by means of four registered Kabalas of th......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....s of 1986 which provides that no authority subordinate to that by which a Government servant was appointed shall be competent to impose on him any major penalty. On behalf of the appellant it was not disputed that the Parishad was the appointing authority of the respondent but the order of dismissal......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) ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....at the money we have deposited with the bank guarantee in this suit was given to us by the owner. I do not know whether there is paper in my office from the defendant Nos. 1 and 4 ever denied or disputed the claim of the plaintiff.’ From the above admission it is clear that the defendant ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......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 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
..... Kamal Hossain, learned Advocate appearing on behalf of the petitioners submits that the respondents in the earlier suit obtained a decree practicing fraud upon the court by placing that area of the disputed land was 0090 acre (90 Ajutangsha) and not 9400 acre (94 Satangsha) as had all along been a......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....al Court and in the appellate Court and in the High Court Division the volume in which the original documents are entered is required to decide the dispute as to the execution and registration of the disputed kabalas between Pir and his disciple and that the plea of the office of the Sub- Registrar ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... (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..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....courts below did not read Exits. 1 and 1(a) in as much as Ext. 1 (a) shows that the vendors sold their rent receiving interest in the suit jote. The genuineness of Ext. A registered in 1939 cannot be disputed on the basis of evidence adduced in 1965 and that the suit for partition simpliciter i......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..Category: Property Law | Date: | Hits: 76
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......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..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....he appellants and Mr. AJ. Mohammad Ali, the learned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the Government allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-C......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..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....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. ...... 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..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ng the possession of the plaintiffs D.W. 1 Niranjan himself admitted the possession of the plaintiffs. 8. The Court of appeal below also held that "Ananada @ Ananga being the sole owner of the disputed properties was the only competent man to transfer the property to anybody he liked and th......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..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....hen filed Civil Petition before the Appellate Division being Civil Petition No. 351 of 1984 for leave to appeal but it was also rejected on the same finding. As the defendant claimed ownership in the disputed property this has cast cloud upon the title of the plaintiff. As such the plaintiff institu......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....el for the appellants and Mr. Mahbubey Alam, the learned Counsel for respondent Nos. 1-3 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Modhu Lal Bhowmick and others under landlord ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, 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. ...... 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..Category: Property Law | Date: | Hits: 57
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....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. ......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..Category: Anti-Corruption Laws | Date: | Hits: 83
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......e order. Leave was granted in the appeal to consider that; "Mr. Abdul Momen Chowdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evi..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......Jhenidah dismissed Title Suit No. 175 of 1985 on 27.03.1991. On appeal, the learned District Judge, Jhenidah affirmed the judgment of the trial court in Title Appeal No. 55 of 1991 on 14.03.1992 holding that the plaintiffs failed to prove their possession within 12 years preceding the instituti..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
.... evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties ha......S. Khatian No. 208 of Mouza Jinnahgar measuring 7.39 acres originally belonged to Jalal Ahmed Chowdhury, Chand Mia, Hazi Abdur Rahman and others. A dispute having arisen as to their right in the holding all the said owners made a reference to the arbitrators for effecting partition of the ejmal..Category: Property Law | Date: | Hits: 43
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