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Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....ibed the suit land in the schedule of the plaint and also appended a sketch map thereto. The defendant also appended a sketch map to his written statement to contend that the suit land was not identical with the land claimed by the plaintiffs. The plaintiffs had described their land to be bo......: the suit land was not identifiable and therefore the plaintiffs could not prove their title and possession in the suit land. 8. The plaintiffs thereafter presented this appeal. The precise question on which leave was granted is whether the High Court Division had acted beyond its jurisd......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... 8. Mr. M. A. Wahab Miah, learned Advocate appearing for the defendant-respondents on the other hand submits that the Government-appellant has little to gain of restoration of the title suit in question, in view of the fact that the respondents filed Title Suit No.787 of 1978 on December 14, ...... by Mr. B. Hussain. 13. The learned Judge of the High Court Division in exercise of his revisional jurisdiction under Section 115 CPC without taking into consideration of all those relevant facts, has clearly committed an error of law in setting aside the order of restoration of the suit ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......h Court Division which, by the impugned judgment, reversed the decision of the trial court and decreed the suit in part allowing preemption. 5. In terms of the leave granted by this Court the only question involved in the appeal is whether the judgement of the High Court Division is a proper judg...... (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditch etc. originally belon..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......trative Appellate Tribunal in Administrative Appeal No. 89 of 1991 affirming those dated 7.10.91 passed by the Administrative Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the D..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....n this country since 1964 in the field of Co-operative movement by amending the Co-operative Societies Act, 1940 and the same scheme is now being maintained under the Ordinance by incorporating an identical provision in the second proviso to Section 15 thereof. From the date of dismissal of......ion, in Writ Petition No. 683 of 1989). Judgment Mohammad Abdur Rouf J.– The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Division dated ......ty", as defined in Section 3(28) of the General Clauses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......d to be "continued ill-health" would be left with the discretion of the employer, but the employer shall not exercise this discretion arbitrarily and capriciously. All the attendant facts and circumstances of each case have to be considered to determine whether a particular period..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......dgment and Order dated 28-3-88 dismissed the case on two grounds, first, there being no acceptance of the physical possession of the building by the writ petitioner on the basis of the gift in question there was no valid gift, the writ petitioner did not acquire any right, title and interes......the tenant and declared so in her income tax return, who the caretaker was and how she was in constructive possession through any disclosed caretaker. Blindly accepting the assertion of fresh facts made by the writ petitioner in the writ petition without any supporting evidence the High Cou..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......-emption case. 5. From the materials on record it is found that the pre-emptor on 22.4.78 filed some interrogatories before the trial court requiring respondent No.1 to answer some specific questions in the matter of deed of reconveyance dated 18.2.78. After taking several adjournments th......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......position. The High Court Division by its judgment and order dated 15.6.77 made the Rule Nisi absolute declaring that the impugned notification of the respondents taking over the Cinema Hall in question as abandoned property has been made without any lawful authority and of no legal effect. T...... Attorney General appearing for respondent no. 1 and Mr. Akhtar Imam, learned Counsel appearing for respondent No.2, submit that Martial Law Regulation No. VII of 1977 is directly attracted to the facts and circumstances of the case. Sub-paragraph (1) of paragraph 6 of the said Regulation has th..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... in upholding the orders of restoration of the appeals made by the learned Additional District Judge upon a wrong assumption that the appellants have no knowledge of the transfer of the appeals in question transferred from Rajshahi to Nowgaon and whether the appellate court as well as the High C......3 DLR (AD) 128 and tried to express that as the appeal was dismissed for default the respondent had remedy available in a revisional application but from this decision it appears that in the given facts and circumstances it has no application. 7. The Short fact leading to this decisio..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......ent so as to suffer from the principle of estoppel and whether the High Court Division was justified in interfering with the concurrent findings of fact of the first two courts below. 8. The other question that came up is whether in the absence of any case made out by the plaintiffs of dispossess......fs had never been in possession of the suit land. In such circumstances the suit was not maintainable. On this ground alone the plaintiffs' suit was liable for dismissal. 13. Considering the above facts and circumstances we are constrained to hold that the impugned judgment and order of the Hig..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......tance of Md. Jahangir Alam (Selim) writ-respondent No. 4, a candidate for election for the post of Chairman of No. 9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Wri......n 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 (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-pe..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......onment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment for three years more and also convicted four other-persons under different sections. 2. The facts of the case, in short, are that Md. Idris Ali, father of deceased Ruhul Amin as informant lo..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ...... heirs failed to rebut the presumption regarding the abandoned character of the above house. In the meantime Alima Khatoon died. 3. Leave was granted on the submissions that the property in question was allotted to Md. Hanif, predecessor of the petitioners, who was a Government servant an......tion No. 321 of 1989 discharging the Rule obtained against the judgment and order dated 19.1.1988 of the Court of Settlement Dhaka passed in Case No.566 of 1987 dismissing the case. 2. Brief facts for disposal of this appeal are that the appellants and their predecessors filed the above C..Category: Property Law | Date: | Hits: 30
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......petition for leave to appeal is directed against the judgment and order dated 29.11.2006 passed by the High Court Division in Writ Petition No.4309 of 2002 making the Rule absolute. 2. Short facts are that the Governing Body of Alhaj Mokbul Hossain College appointed the writ petitioner as..Category: Employment/Service Law | Date: | Hits: 74
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. ...... 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. ...... of the judgment and decree dated 22.02.1998 passed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 f..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....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. ......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. ......ls Act do not provide jurisdiction to the Administrative Tribunal or the Appellate Tribunal to grant any interim relief in respect of a is pending before it for final adjudication. 5. In the facts and circumstances of the case, we are of the view that the Administrative Appellate Tribunal..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... 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. ...... 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. ......culpatory statement was of some fact, which if true, could negative the offence alleged to be confessed. A confession must either admit in terms of the offence, or at any rate substantially all the facts which constitute the offence. 11. The accused respondent Jahedul Islam alias M..Category: Criminal Law | Date: | Hits: 58
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....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. ...... the Agriculture Department. Subsequently, the house was occupied by the Regional Director of Agriculture Department for the last 5/6 years. In the meantime, process of acquisition of the property in question was started in L.A. Case No. 33 of 1965-66 and the same is still pending for acquisition. T......nstant appeal, by leave, is directed against the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute. 2. Short facts are that the writ-petitioner-respondents was the owner of the house known as "Hriday Nibash" w..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......nment cost and as a result the plaintiff could neither pay adjournment costs nor could contest the suit on the date of its peremptory hearing and thereby the plaintiff legally proved the necessary facts and circumstances to substantiate the allegations of collusion in between the clerk of t..Category: Property Law | Date: | Hits: 35
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