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BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....n vested in it under the writ jurisdiction in creating the new post of professor ship in the Department of Architecture of the University which was not in existence at the relevant time and thereby also prejudicing the seniority of other professors of other Departments of the Un...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plaintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendan......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)
....view that the trial Court ought not have taken the suit for ex-party hearing. The appellate Court also noticed the fact that on the date of hearing defendant No. 1 entered appearance and prayed for time, but the trial Court did not dispose of the application so filed seeking time and that took up......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. ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....shy;cence and stopped from challenging their retirement at their own request after having received all the benefits and dues of such retirement as sought by them voluntarily and after such a long time." 7. In support of the appeals Mr. Sk. Awsafur Rahman, learned Advocate has ta......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....of the High Court Division in Civil Order No. 4901 of 1997 rejecting the revisional application summarily on merit as well as on the ground of limitation since the revisional application was out of time by 238 days and the said delay was not satisfactorily explained. 2. The revisional......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
...., both oral and documentary, to that effect is lacking, that S. A record in the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of kuran Modnal. Finally the High Court Division held that question of surrend......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. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....it petitioner) filed The Lawyers Writ Petition No. 4892 of 2003 stating, inter alia, that he joined Bangladesh Telegraph and Telephone Board (BTTB) as Assistant Divisional Engineer in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
.... the suit properly as abandoned properly but with no effect. Md. Karim and Md. Khaleque then sold the disputed property to the plaintiff’s father on 30.06.1980 by a registered kabala. Ai the time of purchase of the suit property the plaintiffs father was not aware of the abandoned characte......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....in the respective writ petitions committed illegality in directing the customs authority to assess the customs duty etc, on the basis of invoice value that was prevailing at the time of opening of letters of credit inasmuch as customs authority has the authority to determine no......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....", wherever occurring, the words and comma "Chairman, Managing Director" shall be substituted. 10. The learned Advocate for the respondent could not show that at the relevant time the post of Chairman was filled up and his duty/ job was defined or the duties / functions of ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....t Ext. 2 series holding that Basanta Kumar was karta of the family and as karta he gave pattan although the trial court found that P.W.1 had no knowledge regarding pattan as he was a minor at that time and P.W. 2 Mozzafor Hossain who proved the pattan dakhila was not present at the time of grant......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)
.... a bar to an relief because the respondents' appeals are pending before the Chief Justice. The Division Bench opined that it is well settled that the Court returning the plaint has no power to fix time within which it is to be refiled and so it is to be presumed that for this reason no time limi...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....stating, inter alia, that the respondent made unusual delay in joining his new posting and he did not arrange to get his diplomatic passport from the Ministry of Foreign Affairs within a reasonable time and he also neither purchased any air ticket for him and his family nor made arrangements for......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. ..Category: Administrative Law | Date: | Hits: 123
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....ough some lands of these two mouzas were shown in the agreement of exchange. The defendant Nos.1-4 did not perform their part of the contract by executing a deed of exchange. In the meantime the other defendants have created false documents in respect of the ‘Kha’ schedule......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. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... Procedure seeking setting aside of the decree on the groundof non-service of summons upon him. 3. The Miscellaneous Case was opposed by the appellant and the same was dismissed being time barred. 4. The said defendant i.e. Respondent No.1 then filed Other Class Suit No. 41 ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....ent from other landlords. The appellate court below also considered the evidence of P.W.1, son of the plaintiff who stated that the witnesses examined on the plaintiffs side were not present at the time of taking settlement by the plaintiff. But P.W.1 himself claimed that he was present at the t...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....ibits and other papers and documents, by judgment and order dated 17.8.91, allowed the case and permitted the respondent No.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...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....erty in suit and that in making direction to the writ-petitioner Pubali Bank to deliver possession to the writ Respondent Nos. 3 and 4 (Latif D. Fancy, Director of Writ Respondent No.3) within the time fixed by the High Court Division from the date of receipt of the copy of the judgment in the w......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....der the Ain against the person who has/had availed the facility or has facilitated one to avail the facility as in section 2(kha) of the Ain and failed to discharge the obligation within stipulated time as per undertaking given at the time of availing one or more of the species as in section 2(kh......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....nd. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act......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: ..Category: Limitation Law | Date: | Hits: 156
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