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Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... materials on record. Section 6 of the Act reads as under: "6. Jurisdiction of Administrative Appellate Tribunal.- (1) The Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribuna..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....0,226.70 (with interest) on account of loan advanced to the appellants. The original loan amount was Tk. 45,000/- to which interest and other charges were added upto 30.6.78 and on calculation, the total claim came to as aforesaid. The Money Suit on transfer to the Court of Subordinate Judge, Nara......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......n had been taken to formal admission of these rent receipts, nevertheless, the respondent (plaintiff) who had relied upon them entirely for his case was bound to prove their genuineness and that in absence of any evidence that these were genuine, the appellate Court, he argued, rightly rejected th......e High Court Division reversing in revision the concurrent decision of the trial Court and the appellate Court. The principal question involved is, whether the learned Single Judge acted within his jurisdiction in reversing the concurrent decision on a question of fact namely, whether the responde..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....rroborate the said story. 23. The Courts below have simply overlooked that the appellants and the respondents were contesting two suits at the same time over the same suit land. There has been a total non-application of mind insofar as this aspect of the appellants' case is concerned. The app.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....sary costs of changeover switch, etc and maintenance charges and in item 3(c) a sum of Taka 40, 00,000 was shown against "Generator Auto on/off unit/system". Thus, in the "Revised Price Schedule", in total, a sum of Taka 16, 04, 72,500 was shown "after price reduction" and further, the words within ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......concluded contract; even if for argument's sake it is conceded that there was a concluded contract, even then for the breach of the contract the remedy of the respondent No.1 was not by invoking writ jurisdiction but by claiming compensation; the floating of the tender by the appellant inviting offe..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......rom 28-2-72. The alleged oral gift has not been formally proved before this Court nor the 3 witnesses of the oral gift mentioned in the affidavit dated 14-7-73 have been examined in this case. In the absence of evidence to this effect it is difficult to accept the case of the petitioner that Sahera ......at the property in question was listed in the 'Kha' list without serving notice on her. 6. As against the judgment of the Court of Settlement the petitioner moved the High Court Division in writ jurisdiction and obtained Rule. The petitioner before the High Court Division, amongst others, conte..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... on record writ-petitioner can neither claim seniority to respondent No. 5 nor. can claim promotion to the post of Chief Engineer on the ground of seniority, that it is not within the scope of writ jurisdiction to decide the question whether the qualifications/degrees of the writ-petitioner ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....sion of the evidence. It is thus only in exceptional cases that this Court takes upon itself to examine the evidence to satisfy itself that there is no failure of justice." 146. Mr. Malek having totally failed to bring his case even very remotely within the ambit of these reported decisions, I ......ents of witnesses under section 164 CrPC; but his primary duty is that of the Chief Executive Officer of the Upazila Bureaucracy. Judicial duties are discharged by the Upazila Magistrate and in his absence by the Munsif-Magistrate who remains in charge of criminal administration and works as Mag......e basic error on the part of the High Court Division is brought to the notice of this Court. As a matter of fact, the High Court Division is the final Court of appeal and ours is a Court of special jurisdiction. I will refer hereinbelow a passage from AIR 1971 Supreme Court 1405 wherein in parag..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......urther submits since Exhibit Uma, information slip, relating to the records/suit register of the Rent Suit No. 1801 of 1952 was obtained from the competent authority the High Court Division in the absence of noncalling of suit register was in serious error in brushing aside genuineness of the fa......urt of first instance defendant Nos. 2 and 3 went on appeal. The appellate Court reversed the judgment and decree of the trial Court. The plaintiffs then moved the High Court Division in revisional jurisdiction. The High Court Division on the findings that the Court of appeal below was in seriou..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....is illegal and void. 2. Facts, in short, are that the original owner Harihar Das entered into an agreement for sale on May 19, 1962 with Abdul Barek Bepari and upon receiving Taka 6,000 out of the total consideration money of Taka 6,500 executed an agreement for sale and made over possession, tha......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... on the finding that the plaintiffs were illegally in possession of the property and that the property assumed character of vested property. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding th..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....nd as well as the structures therein to the defendants, that subsequent to the date of contract the plaintiff received further amount of Taka 11,00,000 from the defendants and thus the plaintiff in total received Taka 56,00,000 but in spite of receiving the said amount plaintiff was reluctant to ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n, Debesthan, etc. and a Dighi for the use of the people of the village to plaintiff's vendor Bipin Chandra. In the background of the case of the respective parties in the suit, in our view, in the absence of determination of title of the person from whom plaintiff said to have acquired title in ......1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed averring that the land in suit measuring 3.30 acres of C..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subsequent actions taken by him were illegal, void and without jurisdiction on the allegations that the suit land was originally the khas land of Bhawal Raj Court..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......e purposes, the same should be exempted under section 6(a) of the Act from levy and imposition of the tax and/or from urban tax and as such the assessment of tax by the respondents is without jurisdiction, void and inoperative. It has been further contended but the word 'occupied' occurring..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....and 3, that defendant No.1 owns 47 decimals of land of plot No.2038 in mouza 'Choyghoria’ and owns 42 decimals of land of plot No. 6445 in mouza 'Shotokhali '. The defendant No.1 thus owns in total 89 decimals of land in the said 2 mouzas, that defendant Nos.2 and 3 own 89 decimals of land...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......or convenient enjoyment or possession of their respective land. 6. As against the judgment and decree of the trial Court, the defendant No.1 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence on record ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......posed the Rule, on several grounds. 5. The High Court Division upon hearing made the Rule absolute and declared the impugned memo that is Annexure-Q to the writ petition illegal and without jurisdiction and further directed the respondent No. 2 and another to allow ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......id not make out any case for back salaries and benefits nor did they pray for any direction or writ in the nature of mandamus and that the High Court Division has, therefore, acted beyond its jurisdiction in giving directions for reinstatement of the writ petitioners with back salaries..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... rather the government of materials been satisfied that the acquisition of land is required for a public purpose or in the public interest and it is manifestly evident that the respondent has totally failed to discharge this responsibility and thus the High Court Division erred in dischargi......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... Deputy Commissioner as per Section 4 of the Ordinance but their objections were rejected illegally by the Deputy Commissioner and as such the petitioners moved the High Court Division in its writ jurisdiction. 5. The rule was contested by the writ respondent Nos.1 to 4 filing affida..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....s filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2. The case of the plaintiff in short was that the total quantity of the land of plot No. 1685 listed in the S.A. Khatin No. 87 is 20 decimals and out......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......iled to appreciate the evidence on record and thereupon arrived at a wrong decision and dismissed the suit. 6. The contesting defendant moved the High Court Division in revisional jurisdiction. The High Court Division rejected the revisional application summarily on the finding..Category: Property Law | Date: | Hits: 28
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