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Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ......there is nothing on record to show that before purchasing some land, from the defendant No.1 in 1381 B.S. the plaintiffs ever paid rent; that Tukku Mia had been living at the house of his father-in-law till his death at the age of 60-65 years and after his death his son, plaintiff No.1, also liv..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......n of the plaintiff in the suit land is rather undisputed. 9. The learned Counsel argued that the heba-bil-ewaj deed dated 07.12.1982 having not fulfilled the basic requirements of the Muslim law, it was not a heba-bil-ewaj creating any right, title and interest in favour of the plaintiff a..Category: Property Law | Date: | Hits: 26
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......rther case is that Namiruddin had no issue and he adopted Namiran Nessa as his daughter. Namiran Nessa was given in marriage with the defendant No.23 and was taken as domesticated son-in—law. They used to reside at the dwelling house of Namiruddin who being satisfied, expressed his in..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ...... Ranjan and he became untraceable long back that Umesh Chandra Chakravarty had a daughter Labonya Probha, that said Labonya was married to Monoranjan and he was living in the house of his father-in-law. Umesh gifted his property to Monoranjan and Labonya. Monoranjan sold to the plaintiff 65 deci..Category: Property Law | Date: | Hits: 20
Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)
....tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 657. ...... appearing for the petitioners submits that reasons for delay having being satisfactorily explained by filing an application for condonation of delay, the Administrative Appellate Tribunal erred in law in rejecting the application. The learned Deputy Attorney General further submits that the rea..Category: Administrative Law | Date: | Hits: 97
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......ders the pre-emption case is liable to be dismissed. 4. Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to discuss and consider the evidence of P.W. 1 who himself admitted the fact that ou..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......perform the functions of the Zilla Parishad whimsically and for that he was removed, that immediately before his removal the Chairman in hot haste promoted the plaintiff upon total disregard of the law and rules to the post of Stenographer, that the promotion so made was not acted upon,' that th..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......rt. The petitioners' contention is that the new provision for leave to appeal is procedural in nature and it is to be given retrospective effect. It is submitted by some other Counsels that the new law is of declaratory nature and it should be given retrospective effect, considering the backgrou..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......prehending that in case of prosecuting the suit or, in other words, opposing the claim of the plaintiffs placing reliance on the said documents there is likelihood of being prosecuted under the penal law for using forged and fabricated document before the Court claiming those to be genuine in spite ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......limitation can be indicated in the said Article and the order so passed by the President is obviously an administrative in nature as the head of the State and it cannot be justiciable in the Court of law. Such power of the President to commute any sentence is not subject to any constitutional or jud..Category: Criminal Law | Date: | Hits: 37
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ...... High Court Division further held that Uttara Bank Limited may however represent their claim before the executing Court and the executing Court will decide the claim in accordance with law. 6. In the circumstances, we are of the view that the High Court Division rightly decide..Category: Civil Law | Date: | Hits: 80
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. ......titioner-respondents. The Government neither utilised the said land nor took over possession of the same. The further case is that the Government decided to return the unutilised acquired land to the lawful owners and accordingly, a circular dated 22-5-1986 (Annexure-E to the writ petition) was issu..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. ......tition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question ..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. ...... in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Export..Category: Business or Commercial Law | Date: | Hits: 89
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......of the defendant, the plaintiff cannot succeed in the suit, the High Court Division totally failed to consider that aspect of the case and decreed the suit on mere presumption and thereby erred in law. 6. M Sultan Ahmed, the learned Counsel appearing for the respondents has, however, subm..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 inquiry as regard the allegation ÓweKí wU GÛ wU ˆZix K‡i jvB‡mÝ e¨wZZ A‰ea Kvh©µ‡gi gva¨‡g miKv‡ii †KvwU †KvwU UvKv AvZ¥mv‡Zi Awf‡hvMÓ to have been issued without any lawful authority and is of no legal effect. 2. The Memo impugned in the writ Petition has under s..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. ....... Akram Hossain Amin, the learned counsel appearing for the petitioners, submitted that the ex parte decree not being divisible in a suit for declaration of title, the High Court Division erred in law in modifying the judgment and decree be of the trial Court duly affirmed by the appellate Court..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. ......h Court Division acted wrongly in affirming the judgment and order of the Labour Court, when the Labour Court, in fact, sat as a Court of appeal over the inquiry held without any violation of law and procedure." "The learned Advocate submits that the domestic inquiry was ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......Court Division in Writ Petition No. 6854 of 2007 making the Rule absolute was ordered to be heard along with CP Nos. 53,183, 17 and 94 of 2008 since facts are more or less similar and the question of law involved common. 2. The facts, in short, are that the respondent in the appeal as petitioner ..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. ......deration of the evidence of the parties decreed in the suit upon arriving at the findings that the notice served under section of 106 of the Transfer of Property Act, 1882 is quite in accordance with law and also sufficient and the same was duly served on the defendants; that the defendants have def..Category: Tenancy Law | Date: | Hits: 169
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