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Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....ture of an executing party has been attached to a document in the presence of a witness. It does not involve the witness in any knowledge of the contents of the deed nor affect him with notice of its provisions.' In the Case of Rajammal alias Sundarammal and others Vs. Sabapathi Filial and anoth...... Therefore it cannot be said that Sheikh Bagu was in any way bound by the transaction by the kabala in question. The learned Judges of the High Court Division have therefore misdirected themselves in law in holding that Sheikh Bagu must have notice of the sale of the disputed land to Abdul Barek and..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....nt-respondent No. 4 having taken and advance of Tk. 20,000/- on 13-05-2003 for implementation of the development project of said Union and which was not done. So, he becomes disqualified under the provision of Section 7(2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 3. T...... April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 making the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....nce of the proceeding of the case as evident from his admit card and registration card but without considering the age of co-accused Mukul Hossain alias Mukul Miah who was a child according to the provision of the Children Act, 1974, his case was tried conjointly with the adult accused which is ......hat they were not involved with the alleged occurrence of murder but they were falsely implicated that the victim died in their house as a result of free fight with people at the house of father-in-law of the deceased whereby informant and others were wounded. 5. Mr. Md. Khrarshid Alam Kh..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....ession of the Government through allotees, the inclusion of the same in the 'Ka' List is not illegal and further Md. Hanif, being out of possession from the above house since March 1972, under the provisions of section 2(1) of the Bangladesh Abandoned Properties (Control, Management and Disposal......l cost of Tk. 2700/- to the Government; while the said Md. Hanif and his wife and sons were in peaceful possession of the said house, Bangladesh was liberated on December 16, 1971 followed by some law and order situation and in the abnormal circumstances, then prevailing, Md. Hanif and his wife ..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... "We now find that no remedy is available to the appellant, though a gross injustice has been done to him for no fault or fetches of his own. A valuable right accrued to the appellant in law and fact should not be lost. In that view of the matter we thought it to be a most appropriate..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....aka till disposal of the Miscellaneous Appeal No. 2 of 2008. 2. The Administrative Appellate Tribunal on consideration of the materials on record rejected the prayer holding that there is no provision either in the enactment or Rule of the Administrative Tribunal Act, 1980 for stay of any ......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....confession was not a voluntary one. Confession is a species of admission. As already stated above a confession or admission is an evidence against its maker and its admissibility is excluded by the provisions in the Evidence Act. As the term confession is not defined in the Act the courts adopted...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....ka and another………… Respondents. Order March 12, 2009. Result: The petition is dismissed. The right of appeal is not a matter of procedure but a matter of substantive right. The provision of sub-section (2) of section 158 of the Income Tax Ordinance relating to modifying or wai......difying or waiving the requirement to pay certain percentum of tax as a condition precedent to filing of an appeal is merely a matter of procedure. The effect of repeal or amendment in the procedural law will be that in the pending cases the new procedural law will apply because as a general rule al..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....for the purpose of acquisition under the Emergency Requisition of Property Act in 1965-66, the High Court Division was wrong in making the Rule absolute on the basis of submission made relying on the provision of section 23 of the Acquisition and Requisition of Property Ordinance, 1982 and the furth......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....itle Suit No. 160 of 1966 was barred under Section 20(2)(a) (iii) of the State Acquisition and Tenancy Act, 1950 and as such the trial Court had no jurisdiction to try that suit in view of the provision of Section 9 of the Code of Civil Procedure and hence the impugned ex parte decree passed......onal District Judge having rightly reversed the decree of the trial Court upon fresh consideration of the evidence on record the learned Judge of the High Court Division did not commit any error of law in passing the impugned decree. 11. It appears from the plain, of the Title Suit No. 16..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......er Appellate Court in the revisional jurisdiction. The High Court Division was only concerned with the question as to whether the lower court in giving that finding committed any error of law resulting in an error in the decision occasioning failure of justice, and the last submis..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
.... suit. 3. The principal defendants contested the suit by filing written statement and denied the material allegations made in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case is t......e simply unauthorized for want of approval by the Chief Manager of the Bhawal Court of Wards Estate and those are fictitious and therefore the plaintiffs possession in part of the suit plots is not lawful and the plaintiffs being trespassers cannot get a decree for permanent injunction and the f..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... and 211 days respectively. By an office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warning that action will be taken against him in accordance with law for any future absence from duty giving a statement of his above mentioned absence from d..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......rt Division, by judgment and decree dated 5 June 1995, reversed the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further di..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....ard incorporation and lastly as ESSO Standard Incorporation. This new company took monthly lease of the suit land from Nawab Begum Ayesha for a period of 10 years commencing from July 1969 with the provision of renewal for another 10 years for the purpose of petrol filling and servicing station th......n the suit premises and they regularly paid rent. When lease of Nawab Ayesha Begum expired defendant No. 2 became a direct tenant under the Waqf Estate who accepted rent from them and by operation of law they became a tenant under defendant No. 3 Dhaka Nawab Waqf Estate. Their further case is that t..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....ompetent authorities. He added that the question of competency was not raised by the respondent either in the application before the Administrative Appellate Tribunal. 4. The relevant provisions of regulation 28 of the Service Regulations are as follows: "(2) The p......' but by the Assistant General Manager (Administration), the same was illegal and void. 3. Learned Counsel for the appellant submits that the Administrative Appellate Tribunal erred in law in not noticing that the proceeding in question was held and the order of dismissal was passed ..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......property left by Lala Ram Sankar Roy escheated to the Government and the Government not being a party to O.C. Suit No. 35 of 1969 the learned Judges of the High Court Division fell into an error of law in not holding that the property in suit belonged to Sarna Kumari who executed the agreement f..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......n this case is leased on the finding of the other case filed by the writ petitioner of writ petition No. 648 of 1987 and that the Court of Settlement passed the impugned Judgment and order without lawful authority. 6. Mr. B. Hossain, the learned Advocate-on-Record for the appellant submit..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
.... as was agreed upon between the parties, although the defendant tenant did not pay any rent, as it is alleged by the plaintiff, he cannot be said to be a defaulter. 10. But from our reading of the provision of sections 18 of the Premises of Rent Control Ordinance it is very much clear that so lon......l defaulter and inasmuch as the claim of the plaintiff with regard to bonafide requirement could be established by the plaintiff appellant, whether the Higher Court Division misconceived both the law and the fact in making the Rule absolute and dismissed the case of the plaintiff for ejectment a..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ada he sent an attested copy of certificate of Canadian Citizenship to the Bureau in the month of November, 1996. The certificate shows that Mr. Nazmul Hossain is a Canadian citizen under the provisions of the Citizenship Act of Canada, and as such, is entitled to all the rights, and privil...... by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having n..Category: Employment/Service Law | Date: | Hits: 105
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