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Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ...... and mere non-use of the land for years will not give any right to the original owners to get back the same released from acquisition. 12. Therefore, the 7 BLC 689 case does not help Mr. Ahmed in view of the series of decisions of the Appellate Division on the point as mentioned earlier. 13...Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......o consider the contentions that the High Court Division was wrong in holding that the Court of Settlement was wrong in not excluding the property in question from the list of abandoned property in view of the decree of specific performance obtained by the writ petitioner-respondent and that the ..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......¦¿à¦²" was also not produced before any Court. 12. Furthermore, it appears that the plaintiff cancelled the lease and did not deliver the possession of the land in favour of the defendant. It such view of the matter we are unable to understand what prompted the plaintiff to file the suit for canc..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) series yet non-incorporation of the same by the appellants in the paper book has become misleading, erroneous and incomplete, affecting the decision seriously to the prejudice respondent. The learne......endant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division erred in affirming the decree passed by the appellate Court on the untenable view that the continuous uninterrupted possession of the plaintiff proves that he is owner of th..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......e papers mentioned papers mentioned therein as regard the misappropriation of the government fund is vague and does not contain sufficient information in the allegation to bring the same under the purview of the Act and that, in the absence of an FIR an officer of the Police Station cannot direct a..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......and as such, aforesaid finding of the High Court Division is unwarranted because the decree against other plaintiffs other plaintiffs that has been maintained was opposed to law. 9. In that view of the matter, the impugned judgment is not sustainable and that the suit is accordingly, decr..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......y held that the respondent No. 2 was not given proper opportunity of being heard and the materials were not properly considered. This finding of the High Court Division is not factually correct in view of the fact that the Labour Court did not hold that the respondent No. 2 was not given an oppo..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... stepped outside its province by making the said observation. He further submits that the High Court Division committed an error of law by holding that "section 26(2) is bad in the eye of law" on the erroneous basis that the provision of punishment under section 26(2) "is subject to the discretion o......ter a trial in a court of law in accordance with the laws of the land. He submits that the High Court Division committed an error of law, inasmuch as the High Court Division has erroneously taken the view that under section 26(2) of the ACC Act the Commission has the power to convict an individual w..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......ed partnership firm and the partnership firm itself. The suit so filed by the plaintiff impleading the Managing Partner of the registered partnership Firm and the Firm itself is quite maintainable in view of the provision of Order 30 Rule 1 C.P.C. and in that view of that matter it can in no way be ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......llip;………Respondent Judgment April 25,2004. Cases Referred To- Muhammad Chiragh-uddin Bhatti Vs. the Province of West Pakistan Supreme Court Monthly Review, 1971, 447; Daryao and others Vs. State of P.P and others,A.I.R 1961 S.C.1457; Mirza Muhammad ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ...... Division Bench of the High Court Division in Civil Revision No. 1578 of 1993 making the Rule absolute and also the judgment and order dated 20.05.2002 passed by the Court Division rejecting the review application summarily, filed seeking review of the judgment in the civil revision. The revisio..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......rom pre-emptor No.1 during pendency of the pre-emption cases and as such the appellate court had committed gross illegally in allowing pre-emption in favour of the added pre-emptors. 12. In view of the discussion above, we are of the view that the High Court Division on correct assessment..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......en raised for the first time before this court. It is the settled principle of law that the plea of adverse possession must be specifically pleaded in the pleading and proved by evidence. In view of the discussion above, we are of the view that the High Court Division did not commit any er..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......used cannot have the status of evidence and the other circumstances do not conclusively connect him with the offence and therefore he should have been acquitted by the High Court Division. In such view of the matter this appeal is allowed in part. Accused Tara son of Sahar Ali, Village-Dari Katb..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....000.00 per year and (II) severance cost of TK. 50,00,000.00 on the basis of materials on record particularly Ext.56. Besides, the Joint District Judge and the Arbitrator in making final assessment erroneously considered the average value of lands of the period from 1972 to 2000 instead of the pe......ough and ready calculation with objection and in his deposition as P.W.1 categorically stated that he received the amount with objection, the High Court Division is not justified in taking evasive view on that point; that out of total 16.65 acres of appellants' land only 11.5750 acres was ..Category: Property Law | Date: | Hits: 37
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ..Category: Anti-Corruption Laws | Date: | Hits: 117
Joy Dev Saha & another Vs. Haridas Saha & others, 2007, 36 CLC (AD)
....There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 774. ......ate on their behalf till discharge of the Rule for default on 10.01.2007. 4. The High Court Division accordingly declined to consider the application for restoration of the Rule. In view of the discussions made above, we are of view that the High Court Division upon correct assess..Category: Others | Date: | Hits: 92
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ...... that at the material time Abdus Salam, the original owner, was present in this country and his whereabouts were known or he did not cease to occupy or manage the building. 6. We are of the view of that the High Court Division on proper consideration of the materials on record arrived at..Category: Property Law | Date: | Hits: 26
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