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Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......xplanation for non-production of the original and that there was a total absence of any rent receipts from the side of the plaintiff. The learned Additional District Judge accordingly reversed the decision of the trial Court, by judgment and decree dated 6 April, 1978. 6. Being agg..Category: Property Law | Date: | Hits: 49
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......e to interfere with the said finding of fact as the same is based on evidence and there is no perversity or illegality in affirming such finding of fact. The learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 78
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......held that Rule 10 is a directory provision and that the Government in exercise of its powers under section 4 of the Act legally issued the impugned order. The learned Judges have also relied upon the decision in the case of Kazi Mohd Amirul Islam Vs. Bangladesh reported in 1996 BLD (AD) 110. 6. M..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ...... 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 influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......at the trial Court. His appeal, Title Appeal No. 84 of 1981 was also fruitless. The plaintiff thereafter preferred Civil Revision No. 889 of 1987 before the High Court Division against the concurrent decision, but made an application to the Court for withdrawal of the suit as a whole, which was allo..Category: Property Law | Date: | Hits: 77
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......e mother was entitled to their custody and as the eldest child Mohammad Nurut Alam Jalil was above 7 years, the father was held entitled to retain him in his custody. It was also held relying on some decisions that the writ-petitions were maintainable. 15. Accordingly, the Rules were made absolu..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......ed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that ..Category: Property Law | Date: | Hits: 86
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ding that there was due marriage between the plaintiff and the defendant that the affidavit was genuine and true and spouse had lived together as man and Accordingly, the appellate Court reversed the decision of dismissal and decreed the suit allowing maintenance of the plaintiff @ 500.00 per month...Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....is employed. Article 65(1) provides “There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic.” Could there be any second legislative power after employment ...... the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (ii) Cabinet decision dated 3.11.91 (regarding allocation of 60 marks for ACR and 40 marks for interview) without..Category: Constitutional Law | Date: | Hits: 185
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......agreement, settlement of consideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Theref..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......, learned Advocate appearing for the petitioners submits, first, that the requisitioned land having remained unutilized for the last 28 years and the Government in the meanwhile having taken a policy decision to return the unused land to the original owners, the petitioners are legally entitled to g..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....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. ......permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decreed the suit in favour of the plaintiffs and the decision was upheld by the learned Subordinate Judge, Chandpur in Title Appeal of No. 53 of 1986 p..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......h Shilpakala Academy Act, 1989. The said resolutions were annexed to the affidavit in-opposition filed by the appellant which have been quoted in the impugned judgment at pages 141-142. 4. As the decision in the matter turned on the interpretation of the said resolutions and which will also be t..Category: Employment/Service Law | Date: | Hits: 145
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......the same footing is carried forwarded so as to disentitle him of his right to be considered for promotion to the post of General Manager. 20. Mr. Chowdhury has referred to the decision in the case of Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain reported in 51..Category: Administrative Law | Date: | Hits: 130
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. ......Rule in the aforesaid Civil Revision case, which was discharged on contest by the judgment and order appealed from. 3. Leave was granted virtually to consider as to whether in view of the decision of this Division that interest in a monthly tenancy is heritable and the fact that the ex p..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......alami money but instead of passing the Chalan the allotment was cancelled by letter dated 09.06.1998. 8. Mr. Ahmed argued that this Annexure-I was issued by the Deputy Commissioner as per decision taken in a meeting at the local Circuit House presided over by the them Minister in charge ..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. ......ated 27 October, 1998 canceling the result of B.Sc. (Honours) and M.Sc. examination the High Court Division was in error in making direction to publish the result of the respondent without giving any decision as to the legality of the order of cancellation of the results of the aforesaid examin..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......asible title." 21. The said finding as to adverse possession has basis in pleading and evidence on record and accordingly could not be disturbed in the second appeal. In the aforementioned decision in 30 DLR (SC) 81 it was held that the High Court division was not competent to interfere w..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....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. ......), Chandpur under section 9 of the Specific Relief Act for getting back possession of the suit property. The learned Munsif (now Assistant Judge) on 30.12.1982 decreed the suit. Against the said decision the defendants preferred Civil Revision No. 109 of 1982 before the learned District Judge, ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....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. ...... by the appellate court was set aside. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division committed an error of law in reversing the decision of the appellate court in view of the finding of the appellate court that the plaintiff res..Category: Property Law | Date: | Hits: 63
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