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Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....itted error of law in placing the onus of proof on the pre-emptee appellant to prove that the said exhibits A, B and C, the certified copy of the registered sale deeds as genuine ignoring the provision of section 79 of the Evidence Act and that the findings of the High Court Division as wel......f the Section 74 read with Section 77 of the Evidence Act the preemptors were entitled to pre-emption. 5. Leave was granted on the submissions that the High Court Division committed error of law in placing the onus of proof on the pre-emptee appellant to prove that the said exhibits A, B ..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......sions of Mr. Rokanuddin Mahmud. In the facts and circumstance of the case, we are of the view that, except the single economic unit point, the High Court Division upon correct, appreciation of law and assessment of the materials on record arrived at a correct decision by making the rule abso..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
.... the power to interfere with the order of an authority when the authority commits manifest error of law or its finding is without any basis; in the present case there was failure to follow relevant provision of law and there was also violation of principal of natural justice due to which the......ice was violated; although the Tribunal was not required to act like a Court of appeal but it has the power to interfere with the order of an authority when the authority commits manifest error of law or its finding is without any basis; in the present case there was failure to follow relevant p..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......nment. 6 The leave, thereafter, was granted to consider whether, in the facts and circumstances of the case, the learned Single Judge of the High Court Division acted in accordance with law in dismissing the present suit by discharging the rule "in the aforesaid civil revision o..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....The defendant No.1 of both the suits contested the suits by filing written statements contending, inter alia, that the suits were not maintainable and were barred by limitation and also barred by the provision of section 42 of the Specific Relief Act as the plaintiff is out of possession. The case o......rab the waqf property dedicated in the name of Almighty Allah: 13. It is on record that Mogol Bibi was an old lady of 90 years. The High Court Division held that it is the settled principle of law that it is necessary to satisfy the court that she executed the documents with full understand..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....awful and correct; BOESL is an institution and is guided by its rules and procedure and the allegation of conspiracy against the petitioner is baseless; the petitioner was simply terminated as per provision of Rule 57(B) of Chapter VII of the Service Rule of BOESL as the service of the petitione...... violation of the principles an natural justice. The defendant Nos. 1 and 2 contested the suit by filing a written statement contending, inter alia, that the action taken against the petitioner was lawful and correct; BOESL is an institution and is guided by its rules and procedure and the alleg..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......e petitioners, placed before us the impugned judgment of the High Court Division as well as judgments of the Courts below and thereafter contended that the High Court Division committed an error of law in not holding that in the facts and circumstances of the case, there is no manner of ap..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......smissal of leave petition respondent No. 1 had no option but to bring the matter to the notice of the Chairman of Board of Directors of respondent No.3 by the impugned notice. On consideration of law we find no illegality in the impugned notice dated 17.9.98 (Annexure-A) which was an intimatio..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....rs it was incumbent upon the defendants to examine the bargadars and for this non-examination of the bargadars adverse presumption can very much be drawn against the defendants in view of the provisions of Section 114(g) of the Evidence Act; the lower appellate court did not advert to the f......le; if the prayer of the plaintiffs for amendment of the plaint is not allowed they will be deprived of their legitimate right of enjoyment of their valuable properties; it is settled principle of law that amendment of the pleading can be allowed at any stage of the proceeding provided that the ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......challenged the judgment and order of the Court of Settlement passed in Case No. 113 of 1992 under section 7 of Ordinance No. 54 of 1985 on the ground that the same has been passed without lawful authority. 3. The case of the writ Petitioner, in short, is that the disputed premis..Category: Property Law | Date: | Hits: 27
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ...... can in no way be considered ground for review. The contentions raised in the grounds have already been considered by this Division while disposing of the appeal. The settled principle of law is that in the garb of the review a party is not competent to resort to the rehearing of the ap..Category: Procedural Law | Date: | Hits: 79
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......rd of Directors as the statutory AGM could not be held but subsequently it became known that the above transactions of the business of the company through the meeting of the Board of Directors were unlawful, the company decided to hold the AGM by filing application before of the High Court Divisio..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ...... record the materials which were relevant for adjudication of the subject matter of the suit or in other words to allow a party to fill up the lacuna. The order of remand is also not sustainable in law while same gives an opportunity to a party in the suit to make fresh attempt on the basis of th..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......e year 1959 in respect of the suit land against consideration; even if the proforma defendant No.4 is considered as ostensible owner even then the rights of the defendant Nos. 1-3 are protected by law; the S.A. record of right finally published in the year 1956 were prepared in the name of ..Category: Property Law | Date: | Hits: 63
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....gh Court Division is liable to be set aside and the judgment and decree of the appellate Court should be restored. It is further contended that the High Court Division having misread the provision of Section 45 of the Evidence Act committed error of law in setting aside the judgment of......iable to be dismissed. 4. The leave was granted to consider the submissions of the learned Advocate of the petitioner that "the learned Single Judge of the High Court Division erred in law in discarding the evidence of the plaintiff in spite of clear proof of the facts regarding talk..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....ed by the trial Court. The decision of the High Court Division is mainly based on the finding that no valid waqf was created by the impugned deed of waqf dated April 22, 1939, because, there is no provision the deed of waqf reserving the ultimate benefit for any charitable or religious purpose.......recitals of the waqf deed satisfy the requirement of a valid waqf in accordance with the Mussalman Wakf Validating Act, 1913, and whether the High Court Division correctly applied the principle of law relating to validity of a waqf as enunciated in the case of Mst. Khairunnessa Khatun Chowdhury ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... learned Single Judge of the High Court Division allowed the appeal and restored the trial court's judgment and decree. The defendant No. 1 moved this Court and obtained leave to consider whether the provisions of the Bengal Tenancy Act, particularly those contained in section 26C which bars all kin......ansfer" are quite general, and must be held to include a transfer by a Mohammedan, so that the result will be that in the ease of such a transfer, it must not only comply with the rules of Mohammedan law, but also satisfy the requirements embodied in this statutory provision." Here, the decision..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ahi Division. 7. The High Court Division by the impugned order discharged the Rule holding, inter alia, that section 339(C) of the Code of Criminal Procedure having been amended and a new provision having been added to the effect that the proceedings cannot be stopped when the speci......he effect that the proceedings cannot be stopped when the specified time for trial is over and the accused may be released from custody. The High Court Division further held that the law having been changed during pendency of the Rule, this case will be governed by the new law. ..Category: Criminal Law | Date: | Hits: 96
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....unal to try a case being determined by the Government under Section 5 of the Ain, the instant transfer going contrary to the said provision of law has not been passed in accordance of the provision of the 'Ain'. 6. We have also heard Mr. Helal Uddin Mollah, learned Deputy Attorn......a along with Ala Uddin @ Alai son of Dubai Khan and others were talking to each other at Rampar, Kazipur, then the accused along with others being armed with deadly weapons formed themselves into unlawful assembly and attacked his son and others and accused Akbar fired from pistol which hi..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....rt of the petition Mr. Abdul Baset Majumder, learned Counsel submits, inter alia, that the High Court division while passing the impugned judgment and order has gone contrary to the provision of Section 4(4) of Druto Bichar Tribunal Ain, 2002 and that jurisdiction of the tribunal ......002 and that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of the Ain, the instant order of transfer has been made contrary to the said provision of law and as such cannot be maintained. 7.Mr.A.J.Mohammad Ali, learned Attorney General o..Category: Criminal Law | Date: | Hits: 64
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