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Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....6 and the vendor of this kabala is Debendra Nath Mondal son of late Gopal Chandra Mondal of Dokhin Karin Mukhi and purchaser of this kabala Amjad Ali Gazi son of Ayjuddin Gazi of Village-Paikgacha, total area of land is 1.16 acres, consideration money was TK. 4500/- it stated here that Ayjuddin......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. ...... 1979 the court of appeal dismissed the appeal and thereby affirmed the judgment and decree passed by the trial court. Being aggrieved the defendant No.1 move the High Court Division in revisional jurisdiction and the High Court Division discharged the Rule. Leave was granted on the foll..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......having not reversed the said finding with cogent reasons, the High Court Division was in error in making the Rule absolute and thereupon decreeing the suit sitting in revisional jurisdiction in the absence of reliable evidence in support of the title of the plaintiff in the land in suit. 7......ack the case with the observations as stated hereinbefore to the trial Court. As against the order of remand passed by the appellate Court the plaintiff moved the High Court Division in revisional jurisdiction and obtained Rule. 5. The High Court Division upon observing that as the appell..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......titioners under law (under Ordinance of 1961) cannot be denied on the ground of acquiescence in the case as the action of the appellant itself is illegal and for patent want of legal jurisdiction such action cannot stand in the eye of law. 25. In such view of the matter on ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......e case of Abdul Mannan and others vs. Kulada Ranjan Mowali and others reported in 31 DLR (AD) 195 the High Court Division as well as the Courts below erred in decreeing the suit mechanically in the absence of the facts or evidence before the Court as to the question whether the accretion too......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......e neither proved by oral evidence nor by filing 'Istafanama' and Hukumnama' to establish their case of surrender by Jairuddin but held that non-production of those documents and that absence of oral evidence do not go to show that the Exts. B and B (8) are not genuine and that the ......in was the korfa tenant. On the aforesaid findings the appellate court set aside the judgment of the trial Court. 7. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained Rule in civil revision number as mentioned hereinbefore. 8. The Hi..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....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. ......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. ......e power under Ordinance of 1965 and that he was in fact exercising the power of the Government and that the proceeding initiated against him on the face of it being malafide and without jurisdiction he had to take shelter of the writ jurisdiction of the High Court Division, More so, a..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....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. ......nt. While possessing the same by making constructions 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 manage......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. ..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. ......on on the basis of declared invoice value, the respondents acquired legal right to be assessed at that rate and the imposition of the proportionate value on the same kind of goods, otherwise in the absence of any tariff value, is without any lawful authority. 4. Leave was gran...... by the Gazette Notification dated 19.5.1999. Being aggrieved the respondent filed appeal before the appropriate customs authority but since there was no response the respondent had to invoke writ jurisdiction. The writ petitioner respondent in Civil Appeal No. 134 of 2002 filed Writ Petition No..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....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. ......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. ......absolute. 4. Leave was granted to consider the submissions that the learned Single Judge of the High Court Division acted wrongly in exercise of his revisional jurisdiction in setting aside the judgment of the court of appeal below without reversing the findi..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....s that since the appeals of the respondents were pending before the Chief Justice for consideration there is no other court for presentation of the plaint. This view of the High Court Division was totally wrong. 11. In the facts and circumstances of the case, we are of the view that the H...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... law in not rejecting the plaint although that was the precise submission made before it and the further submission that the High Court Division acting as an appellate court failed to exercise its jurisdiction under Order VII Rule 11 C.P.C. which was specifically invoked by the defendant-appella..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....e his claim that he has divorced his first wife Hasna Pervin and that married Dr. Jhunu Shamsun Nahar but he did not place any document in support of the claim. This being the position the AAT was totally in error in holding that appointment of the respondent was cancelled for 'collateral purpos......the interest of continuity in service of the respondent himself the Government did not refer the materials in the file to wash his dirty linens in public in the written objection but inspite of the absence of any averment regarding the conduct of the respondent involving moral turpitude the entir......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
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. ......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. ...... are absent and as such the instant suit is not barred by res-judicata. 6. The appellant as against the order of the Court of Joint District Judge moved the High Court Division in revisional jurisdiction and obtained Rule in Civil Revision No. 2385 of 2001 and the High Court Division dispo..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......ed in L.A. Case No. 4 of 1950-51 was handed over to it for Railway Station and its yard filed a map bearing joint signatures of the acquiring body and requiring body. 11. We feel that in the absence of relaying of the land in suit with reference to the map already by the Railway in Title S......e judgment and decree of the trial Court and decreed the suit. 5. The defendant Nos. 1-3 as against the judgment and decree of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division by the judgment and order as mentioned ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... 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. ...... 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. ......e Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or procedure calling for any interference in exercise of jurisdiction under section 100 of the Code of Civil Procedure. 5. We have heard Mr. Shaheed ..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. ......the Labour Court rejecting an application of the Registrar under section 19(2) of the I.R.O. and, (2) there having been no remedy under the I.R.O. the petitioner was entitled to invoke the writ jurisdiction because the impugned judgment of the labour court directly caused hurt to the petitio..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......s in Annexure-D to the writ petition impugning which the writ petition was filed. It has been contended on behalf of the appellant that the action proposed for eviction of the appellant was without jurisdiction since process of eviction of the appellant from the property in question should have ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....s 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 Division as well as the court below upon a total non-consideration of the facts of the case and the law on the subject illegally caused the na......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. ......e parties allowed the application filed under Order 1, Rule 10(2) of the Code of Civil Procedure by the Respondent Nos. 1 and 2. Thereupon the appellant moved the High Court Division in revisional jurisdiction. The High Court Division summarily rejected the revisional application. 7. Leav..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ...... became khas land of the government and the same was correctly recorded in Khatian No.1. The plaintiff’s predecessor never took pattan of the suit land from the ex-landlord. Taking advantage of the absence of original land Lord, the plaintiff's predecessors in interest created some antedated and f......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....in the absence of any claim-from the Government in the land in suit, than that of the defendant. The finding so arrived at is based on evidence both oral and documentary and the High Court Division totally ignored the evidence on which the appellate Court based its judgment while making observati......s were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberation he left Bangladesh and in his absence structures including dwelling house in the land in suit were destroyed and after emergence ...... the land in suit he is entitled to have a decree for recovery of khas possession upon evicting the defendant Nos. 1-6. 8. The defendant Nos. 1-6 moved the High Court Division in revisional jurisdiction against the judgment and decree of the appellate Court. The High Court Division made ..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....anding on nine inches wide cornice on the face and head of Chapa and kill her. The High Court Division thus, in unequivocal terms expressed the clear view that the explanation given by the defence totally falls through and according to the High Court Division, it was established that Chapa was k......jahar there was nothing false and, as such, the charge that to save the accused the said Ejahar was lodged is illegal. 18. He submits that admittedly no motive being disclosed, in the absence of any eye‑witness to the occurrence, based on purely circumstantial evidence, order ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
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