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Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....finding that there was no surrender of korfa tenancy by Jairuddin to Kuran Mondal. The learned Counsel has also submitted that the Exts. B and B(8) having not been brought before the Court from the proper custody and that the contents thereof having not been proved and that the presumption ......0/- Ed. ...... the basis of which trial Court decreed the suit were not reversed by the appellate court, that defendants alleged case of surrender of korfa tenancy by Jairdudin has not been established by legal evidence and that evidence, both oral and documentary, to that effect is lacking, that S..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....2002 some miscreants attacked the Ansars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect the Government arms and ammunitions and the Government properties the Ansars opened bank fire and the miscreants started firing from all sides on th......urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..............or (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication ..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....d goods in conformity with the price of similar good in the international market so that importer can not in collusion with (he exporter undervalue the goods to be imported to evade the payment of proper customs duty, declined to follow 42 DLR (AD) 167 and 48 DLR (AD) 199 for fixing value of the......Ed. ...... the assessments of customs duties and other levies on the imported Hard Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the bank guarantees furnished b..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....uza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cance......llowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....ter and in the interest of justice decided that to enable the respondents to obtain relief in the Administrative Tribunal the plaint be returned to the learned Advocate for presentation before the proper Court. 3. The respondents being aggrieved filed First Miscellaneous Appeal No. 109 of...... Judgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan......ef Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned trial court fixed the suit for hearing on maintainability. Upon hearing only the..Category: Employment/Service Law | Date: | Hits: 76
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. ......nd). Ed. ......at tne Government reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that the order challenged was passed legally and lawfully. 6. At the time of hearing of the case it was submitted by the Governme..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plaintiff after accepting the price fixed by the Government for the prop...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ......the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plainti..Category: Property Law | Date: | Hits: 41
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....ed on 22.5.1989), in Other Class Suit No. 37, 1987 and the final decree dated 9.1.1997 passed in the aforesaid suit be set aside and also prayed for a separate saham in respect of the property described in the 'ga' schedule within the 'kha' schedule property. The appellant filed an ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decreed on 15.5.1989. Two (2) Miscellaneous Cases, M..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....same landlord. In that view of the matter the defence case was found to be more acceptable than the plaintiffs story of possession. The above observations of the court of appeal below are based on proper consideration of the materials on record and averments made in the plaint that the suit land......ourt of appeal below are restored. Ed. ...... the oral evidence on record of six plaintiff's witnesses and four defendants' witnesses having arrived at various finding of facts, the learned Single Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or pro..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....3 to cancel the registration of the respondent No.1. 3. In the meantime, on or around August, 1989 the former sponsor-shareholders of the petitioner transferred their shares as well as other properties of the company to the present management of the petitioner and then, after two years of ......1988 is allowed. Ed. ......23.9.87 and since the situation did not improve within the next 45 days, all the said workers of the factory of the appellant were retrenched with effect from 10.11.8? and they were paid all their legal dues; the above retrenchments did not lead to any industrial dispute nor it was challenged by..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from the property of M/s. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifuddin Khaled Road, Chittagong......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve......yed for return of the money but the same was not returned to the appellant. The appellant as allottee having had not paid rent a certificate case was initiated against it. The appellant challenged legality of the certificate proceeding by filing a suit but ultimately the appellant was not succes..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....k, which is well within the definition of loan as in section 2(kha), the High Court Division is wrong in upholding the order of striking out the names of the said defendants who were necessary and property parties in the suit. 8. It is seen from the plaint that the Bank sanctioned loan of...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ......en clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Division as well as the court below upon a total non-consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. 3 and 4 to be struck out from the plaint, that defen..Category: Banking Law | Date: | Hits: 129
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J University of Rajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- ......versity authority i.e. for not attending his prayer for re-examination of the answer script (13th paper - the Administrative Law) and as such the direction given by the High Court Division was not legal since matter of giving direction for re-examination of answer script is exclusively within th..Category: Civil Law | Date: | Hits: 97
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. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr......979 during the pendency of Title Suit No. 626 of 1975. The law is now settled that a judgment whether inter parties or not may be conclusive evidence against all persons of its existence, date and legal effect, as distinguished from the accuracy of the decision rendered. The former judgments and..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
.... view the correct principles to be followed in a case like this. He has, however, submitted that even if it were done, the result would have been the same. Mr. Huq submits that by not writing a proper judgment more prejudice has been caused to the respondents because they now stand the risk ......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide...... Counsel submits that charge itself is also defective inasmuch as in the said Ejahar there was nothing false and, as such, the charge that to save the accused the said Ejahar was lodged is illegal. 18. He submits that admittedly no motive being disclosed, in the absence of any eye&#..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....f the case, we need to examine and consider the extent and scope of sections 5 and 7 of the Companies Profits (Workers Participation) Act, 1968. Sections 5 and 7 are therefore reproduced below for proper appreciation of the contentions raised on behalf of both the parties. "5. P......l Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others .......Respondents Judgment January10, 2007 Case Referred to- ......nt workers before the Labour Court was that the appellant company was an industrial undertaking as per the scheme of the Companies Profits (Workers Participation) Act, 1968 and thus it was under a legal obligation to implement the scheme under the Act by establishing a Workers Participation Fund..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
..... Leave was granted to consider the submission that the High Court Division erred in law in failing to consider the ingredients of Section 526(4)(d) and (e) of the Code of Criminal Procedure in its proper perspective so far it relates to general convenience of parties or witnesses or expedie...... 2004. Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188......e of parties or witnesses or expedience for the ends of justice and thus fell into error in transferring the case from Barisal Druta Bichar Tribunal to Khulna Druta Bichar Tribunal without any legal basis and the further submission that the High Court Division committed illegality in treati..Category: Criminal Law | Date: | Hits: 41
....obstacle to his functioning as the shebait of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and conditions that he will become the shebait of......2008) 24, 19 BLT (AD) (2011) 07.
......istrict Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......hul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment September 3, 2007. ......dgment and order dated February 22, 1998 of a Division Bench of the High Court Division in Writ Petition No. 202 of 1990 discharging the Rule. 2. The writ petition was filed impugning legality of the order dated 3.12.1989 retiring the appellant from the service of the Banglades..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....udicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ...... functions assigned to a revenue officer under the aforesaid rules, as to mutation cases, cannot be characterised as judicial functions, as he is not required by law to try a matter judicially and on legal evidence. The inquiry he makes and evidence he takes before sending his proposal is to satisfy..Category: Criminal Law | Date: | Hits: 48
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