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BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... appointed as Professor in the Department of Architecture, BUET superceding the case of the writ petitioner who has a Master's degree in Architecture and Ph.D. from the University of Sheffield, England. It may be mentioned here that the writ petitioner was subsequently promoted as Professor in t......sons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......nstant case. But his case is that the Vice-Chancellor of the University who was Chairman of Selection Committee was inimical to the writ petitioner respondent No.1. As this is a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussion..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....y;nally belonged to Monindra Nath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plaintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to ......le. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in......reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....endra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra Sarkar died leaving th......and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upo...... appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......ision upon setting aside the judgment of the courts below i.e. the trial Court and the appellate Court decreed the suit. 6. Leave was granted to consider the contentions that the property in question being non-retainable land of the Zamindar having stood acquired as per provision of Sectio..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
.... plaintiffs acquired the land by purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was d......dgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog......the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......tion of S.A. record the said land was diluvial land and accordingly S. A. record was prepared and that as per provision of section 86 of the State Acquisition and Tenancy Act, 1950 the land in question was listed in khas khatian No. 1, that the suit has been filed by making untrue state..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....ated April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff,......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is home......it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of kuran Modnal. Finally the High Court Division held that question of surrender by Jairdudin in favour of Kuran Mondal could not be established by the ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....iction under the provision of the Government Lands and Buildings (Recovery of Possession) Ordinance (Ordinance No. LIV of 1965), in short Ordinance 1965 and decided to take steps for taking speedy possession of the same and in exercise of the power conferred under Section 9 of the aforesaid Ordi......in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illeg......dy for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....s thereon Abdul Jalil with his family members took shelter in Murapara Camp of Dhaka District during the war of liberation. During his temporary absence from the suit property some miscreants took possession of the property illegally and managed to get it declared as abandoned property. Abdul Ja......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......s interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ion of the country the defendant has been possessing the suit property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit pr..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......g the value @ U.S of 2.10 per sheet, the writ petitioner respondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and othe...... others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collector of Customs, 4 BLC 85; Sew Bishar Prasad vs. Collector of Customs 54 DLR 173; Collector of Customs Vs Ahmed Hossain, 48 DLR (AD) 199; Khairul Bashar Vs Collector of Customs, 50 DLR 225; 42 DLR (AD) 167; 48 DLR (A......quired a legal right and equal protection of law and as such the respondents are estopped from claiming proportionate value and the same is against principle of natural justice" as there is no question of acquiring vested right in the Invoice value under the Cu..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......es interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ...... competent to pass the impugned order. Further the Managing Director having appointed the respondent as Deputy General Manager on promotion by Memorandum dated 17th March, 1981, there cannot be any question of his competence to pass the final order in the disciplinary proceeding and the last sub..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
.... land appertaining to C.S. Khatian Nos. 574 and 343 of Mouza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the na......facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and A......s interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....ner. The respondent instituted Other Class Suit No. 60 of 1997 praying for permanent injunction restraining the defendant-petitioner from dispossessing or creating any disturbance in their peaceful possession of the suit property stating, inter alia, that the property originally belonged to Ganj......king advantage of the civil court vacation and in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses ......esh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....e of Tk. 314/- per month. The Ministry of Works by letter dated 30.12.1975 informed the plaintiff that the Government had decided to hold the suit property and requested the plaintiff to hand over possession of the same to the Executive Engineer, City Building Division P.W.D. within 30 days of t...... M/s. General Exporters and also had been using the suit property for residential purpose. He continued to pay rent at the rate of Tk. 90/- per month till February 1972. He failed to trace out the landlord after February 1972 and therefore applied to the Sub-Divisional Officer, Sadar Dhaka for d......the appellants. The appeal is dismissed without any order as to costs. Ed. ......getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff could reasonably expect that all other formalities accepting the execution of the deed in question in favour of the plaintiff on acceptance of the consideration amount was only left to be ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....ange and got a decree. The present plaintiff preferred an appeal but the plaintiff lost the appeal. The further case of the plaintiff is that in pursuance of that contract the plaintiff handed over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and the......es to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he learnt that Ghose brothers had no right, title and interest in respect of the lands of Mouza Hardi and Paltadanga though some lands of these two mouzas were shown in the agreeme......res interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......t. In the plaint which was filed in 1969, it was stated that the agreement for exchange was lost that means it was lost before or in 1969 but in evidence the plaintiff stated that the agreement in question was lost during the war of liberation. It further appears that the Ghose brothers did not ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ter recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. Th......the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......tional cases the Court may recourse to the provision of section 151 of the Code of Civil Procedure and can reject the plaint. 8. The learned Counsel for the Respondent No.1 submits that the question of res- judicata being a mixed question of fact and law can only be finally decided upon r..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
.... to build a 4 stored building and that he has started foundation work, that on June 2, 1987 defendants threatened him to dispossess from the land in suit, although defendants have no right, title, possession and interest in the land in suit and that paper on the basis of which defendants have ra......ourt of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case...... hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......id and thus High Court Division was in error in holding that the plaintiff has title and possession of the land in suit, that in a suit for permanent injunction the Court is required to discuss the question of exclusive possession of the plaintiff, but the High Court Division as well as the Court..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plaintiff respondents put the decree into execution and got delivery of possession through court on 28.11.1989. The aforesaid respondents filed Miscellaneous Case No. 456 ......present petitioner and others were restrained from making any katcha and pucca construction or from making any structure of any pucca building or from changing the nature and character of the suit land till disposal of the miscellaneous case. The present petitioner filed Miscellaneous Appeal No.......lip;….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senior Advocate with him) instructed by Mohammad......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of 1963 which was al...... allowed by a Single Bench of the High Court Division after setting aside the judgment and decree passed by the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the ......No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......he Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......ny and at any rate the petition before the labour court having been filed at the instance of the petitioner, there cannot be any doubt that ultimately the petitioner was the aggrieved person. The question of locus standi has been wrongly decided causing great prejudice to the petitioner. The..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....orporation including the one which is the subject matter of the present appeal are not abandoned property and for release from the list of abandoned property and a further prayer for restoration of possession of the properties to the writ-petitioners, that the High Court Division made the Rule ob...... as claimed by the bank was an equitable mortgage as regard tne property in question and other properties of Respondent No.3 and as such there is no occasion for the bank to be in possession of the land as security of the mortgage in question. The above being the factual position the High Court ......ove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ...... short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporation stranded in Pakistan the property in question and the other properties of the Corporation were declared abandoned property as per provis..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......g with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......sdiction. The High Court Division summarily rejected the revisional application. 7. Leave was granted to consider the submissions that liability of the defendant Nos. 3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Divisio..Category: Banking Law | Date: | Hits: 129
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