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Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction without lawful authority of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out ..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Revenue Officer which has resulted a failure ..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....an Kartripakkha passed a revised plan under Memo No. RAJUK/NAA3-C/1678/96/2275 dated 23.09.1998 approving the market as a 4(four) storied one. 4. In the revised plan there were also no provisions for car parking space. Even then the market authority maintained car parking space ......rs are the owner of the said piece of land as such RAJUK has served the notice to the owner of the said property namely Muktijoddha Punarbashon Bohumukhi Samabaya Samity Limited in accordance with law. 14. The respondent Nos.1 and 2 are not acting as an instrument of the respondent..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......d by the pre-emptees, the pre-emptor threatened the pre-emptees giving out that he would file a case for pre-emption which is illegal and the Judge of the High Court Division has committed error of law in discharging the Rule. 7. The case of the petitioner is that there was a shalish and ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ich has been enlisted as an abandoned property in the "Ka" list is a bar for inclusion of such property as an abandoned property and whether the High Court Division misdirected itself in law in deciding the writ petition in not considering the question that the onus to prove that the p..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......ove the alleged marriage and subsequent events and as to whether the grounds assigned by the High Court Division for interfering with the concurrent decision of the courts below are tenable either in law or on fact. 7. Syed Mohammad Hossain, learned Advocate for the appellant with leave of the co..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....trarily in setting aside the impugned order of the trial court without giving any opportunity to the plaintiffs to defend the impugned order, Mr. Wahab Miah further submits that in view of the provisions of Order V Rule 3, C.P.C the trial court upon assigning proper reasons had passed the i......1 wrongly directed her to appear in person before the court. 4. Leave was granted to consider whether in the facts and circumstances of the case the High Court Division committed an error of law in granting full relief to the defendant respondent without issuing any Rule upon the plaintif..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......e ground of limitation as well as on merit upon assigning cogent reasons on facts, but the learned Judge of the High Court Division in exercise of his revisional authority has committed an error of law in setting aside the impugned judgment and order without reversing the findings arrived at by ..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....in violation of the principle of natural justice. 5. Dr. Rafiqur Rahman, learned Counsel for the appellant submitted that the High Court Division wrongly held, upon misinterpretation of the provision of Statute 45 of the First Statutes of the University that the same was applicable to the...... taking steps as per Accommodation Rules of the University and therefore removal from service for such unauthorized occupation treating the same as "misconduct" was unwarranted by law; (ii) whether there has been misconstruction of Statute 45(4) of the First statutes ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....d It has reference to his memo-Mol/ section-10/DA/44/87 (part-3) - 672 dated 10/11/03" 12. The High Court Division proceeded on the premise that the land has been acquired finally as per provision of Section 5(7) of the Emergency requisition of Property Act, 1948 (the Act). The admitted......re of land. 6. The defendant Nos. 1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to t..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....d Single Judge of the High Court Division upon making the Rule absolute set aside the decree of the lower appellate court and restored that of the trial court holding, inter alia, that in view of the provision of Section 16 of the Land Acquisition Act, 1894, the suit land having not been absolutely ...... view of the provision of Section 16 of the Land Acquisition Act, 1894, the suit land having not been absolutely vested in the Government for not taking physical possession therein in accordance with law, the lower appellate court acted illegally in dismissing the suit. 7. Leave was granted to ..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....st, that section 34 of the Code of Civil Procedure gives the court a discretion to award interest pendente lite and from the date of the decree till realisation, but section 34 C.P.C is a general provision which governs only money decrees. Order 34 is a specific provision of the Code of Civil P......t Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till realization of the decretal amount. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... 107 of the Transfer of Property Act and by Section 23 of the Non-Agricultural Tenancy Act does not hold good. 7. The High Court Division held that the Courts below upon a misinterpretation of the provisions of the Non-Agricultural Tenancy Act wrongly held that the suit land was not a non-agricul......on of the evidence on record and that Gopalgonj Pourshava having been created long after making of settlement of the suit land with the plaintiff the learned Judge of the High Court Division erred in law in holding that on the basis of the entry in the S.A. record as to the nature of the suit prop..Category: Tenancy Law | Date: | Hits: 163
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....awalli of the waqf estate was filed upon the self same allegations as were made in Other Class Suit No. 45 of 1985. 3. A Division Bench of the High Court Division took the view that there was a provision for appeal against the order of the Administrator of Waqfs before the District Judge under......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....manent injunction in Other Suit No. 26 of 1983. Thus unless the decree for permanent injunction in Other Suit No. 26 of 1983 is set aside, no suit for declaration of title is maintainable under the provision of section 42 of the Specific Relief Act. Even in a suit if it is found that the plainti...... sought to be incorporated by way of amendment is of the Senior Assistant Judge having pecuniary jurisdiction. But instant case being having the higher pecuniary jurisdiction is also entitled under law to decide the suit involving a decree in a suit with less pecuniary value. The authority to deci..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....the impugned order of dismissal of the respondent from the service as illegal when there was no procedural error or defect in the domestic enquiry rather it was held in strict compliance writ the provisions of WASA Employees Service Rules, 1990. (ii) That the High Court Division co......fect in the domestic enquiry rather it was held in strict compliance writ the provisions of WASA Employees Service Rules, 1990. (ii) That the High Court Division committed an error of law in interfering with the finding of the domestic enquiry committee fixing the liability of the ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....-defendant, by a deed of lease dated 15 September 1981, leased out a fishery known as 'Bogiyani Group Fishery' to the plaintiffs-respondents for three years from 1389 B.S. to 1391 B.S. with a provision for renewal for the next three years, that is, up to 1394 B.S. with a provision fro renew......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......TCB did not consider at all the relevant papers and documents upon which the Enquiry Officer relied and such an opinion of the TCB authority, in the view of the High Court Division, is not a "lawful opinion" and as such the action taken against the plaintiff cannot be treated as a &quo..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... was transmitted from Dhaka to Rangpur Bench and again to Dhaka Bench and no notice was given to the appellant informing such transmission of the record of the case and in the meanwhile his engaged lawyer Mr. Abdul Mannan Khan died in October 1990 without filing any vokalatnama in the case. The l..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ...... marked as Civil Revision No. 8110 of 1991 calling in question the propriety of the decision of the appellate court. After hearing the parties a learned Single Judge of the High Court Division took law in not allowing the defendants to adduce additional evidence and made the following order: ..Category: Procedural Law | Date: | Hits: 63
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