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Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....bala dated February 27, 1970 plaintiff has not acquired any right, title and interest in the land in suit, that the mutation having not been made in the name of the plaintiff upon compliance of the provision of section 117(3) of the State Acquisition and Tenancy Act, 1950, as such, the same was ......hen it is found that the plaintiff has no title to the suit land, the mutation of the suit land cannot stand in the name of the plaintiff. The lower appellate Court therefore committed an error of law in reversing the decision of the trial Court without considering the plaintiff's title to the s..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t and stated, inter alia, that the suit land was vacant land in possession of the Bhawal Raj Estate, that it was acquired by the Government as excess khas land of Bhawal Raj Estate under the provision of the State Acquisition and Tenancy Act. 4. On 9-12-70 the appellants filed a vo&s......f the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation according to law, that in 1967 the Board of Revenue issued a notice purporting to cancel the recogni..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
.... from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribunal for enabling the appellant the move the Government for transfer of the case. It may be noted that there is no provision in the Ordinance for preferring an appeal before the Government against the order of Tri......lection of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and of no legal effect. 2. The election of the appellant was held on 13-1-77..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
.... 1950 (1) All England Law Reports 1082 cited by Mr. Sobhan is on different facts and has no application in the facts and circumstances of the present case. There is no denying of the fact that the provision of the statute must be read so as to give a sense and to remedy the mischief or fill up t...... of Statutes:— “Statutes imposing Burdens.- Statutes which impose pecuniary burdens, also, are subject to the same rule of strict construction. It is well settled rule of law that all charges upon the subject must be imposed by clear and unambiguous language, because i..Category: Fiscal/Taxation Law | Date: | Hits: 90
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....hat the petitioners prayed for recalling of P.ws. 1-3 which is very much essential for disposal and for just decision of the case. 6. In elaborating his submissions, he referred to the provision of Section 540 of the Code of Criminal Procedure and argued that the said provision gives...... refusal of recall of witnesses by the trial Court, the accused petitioners have been highly prejudiced and the High Court Division having not considered this aspect committed an error of law in passing the impugned judgment which is liable to be set aside. 7. Mr. Mansur Habib, t..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Accounts officer respectively and performing their functions as the heads of each department and their services were regulated by Dock Workers (Regulation of Employment) Act 1980 and that the law was later replaced by the Dock Workers (Regulation of employment) Scheme 1983 and the Go..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... has not been examined in proof of the fact that the notice was offered to the appellant and that he refused to accept the same, that the High Court Division was in error in placing reliance on the provision of Section 114, illustrating (f) of the Evidence illustration Act and provision of Secti......other and respondent No.3 who is his stepbrother, in Court who were also his joint Mutawallies, still he was not aware of the appeal, and as such, the learned appellate Judge committed an error of law in allowing the Miscellaneous Case which occasioned a failure of justice, as the respondent opp..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......measuring .47 acres of land and is an old woman of 83 years having two sons and three daughters and the defendant respondent No.1 is her daughter while the defendant respondent No.2 is son-in-law and that the defendant respondent No.1 used to put pressure upon her to transfer some portion o..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....ces of the case and upon perusal of the aforesaid letter, the Chief Metropolitan Magistrate having applied its juridical mind rightly passed an order directing further investigation under the provision of Section 173(3B) the Code of Criminal procedure which reads as follows: &q......e judgment and order of the High Court Division, the appellant has filed this petition for leave to appeal before this Division. Leave was granted to consider that the High Court Division erred in law setting aside the order of further investigation passed by the Chief Metropolitan Magistrate in..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... the Petition Mr. Abdur Razzaque Khan, learned Additional Attorney General submits, inter alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting them misreading the evidence on record and thus occasioned failure of justice. ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....nciful and perverse' as such on interference is called for with the finding and decision of the appellate Court. 7. Leave was obtained for consideration of the contention that in view of the provision of Sections 91 and 92 of the Evidence Act the High Court Division erred in affirming the ......l below that the deed in question is a sale deed arrived at on the basis of oral evidence adduced on behalf of the plaintiff without any consideration of the limitation set by the said provision of law. 8. The plaintiff is not a party to the document (Ext.1) challenging the nature and char..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....of the Banking Companies Act, 1991 the power of issuing license to start banking business lies with the Bangladesh Bank and section 27(1) of the Banking Companies Ordinance, 1962 contained similar provisions. Bangladesh Bank further opined that the decision for establishment of new banks in the ...... writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundation. The learned Judges of the High Court Division have erred in law in making the Rule absolute reviewing the earlier judgment of the High Court Division on the gr..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....er submits that the expression "law" in exception (vi) means a statute law and not a regulation or bye- law because a subordinate legislation cannot override, or be inconsistent with, the provisions of a statute law unless so permitted by its parent legislation. 19. The grounds o...... Judgment: Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....at RAJUK initiated a proposal for acquiring the land for Yusufganj project and thereby causing the acquisition of land in L. A. Case Nos. 2/2000-2001, 3/2000-2001 and 7/2001-2002 violating the provision of Section 38 read with Section 43 of Town Improvement Act, 1953 in short the Act and th......ct and submits that the master plan so prepared by RAJUK and approved by the Government under Section 73 of the Act is binding both upon the requiring body and the acquiring body and it would be unlawful for anybody to use the land in any other way. 9. Elucidating the argument he refers t..Category: Property Law | Date: | Hits: 31
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....e submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High Court Division due to its misconception of the provisions of section 42 of the Specific Relief Act, 1877 has set aside the judgment and decree of ......oncurrent finding of facts of the courts below without reversing the same on the basis of the evidence on record, but the learned Single Judge of the High Court Division due to its misconception in law, did not consider the evidence on record of a case of concurrent finding of facts by the courts..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
.... contention that Zeon Bibi's son Awlad was not alive when Zeon Bibi died and as such Awlad's sons Taleb Hossain and Monir Hossain did not inherit the property of Zeon Bibi the defendants under the provision of the Evidence Act was required to establish that fact but from the defendants' said no ......d considering the evidence of P.Ws. and on the weakness of the case of the defendants decreed the suit, the High Court Division did not consider this aspect of the case and thus committed error of law in discharging the Rule without considering that none of the courts below recorded any fin..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....emedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learne......e suit filed on behalf of the plaintiff cannot be rejected without giving an opportunity to the plaintiff to cure the defects. Thus the order of rejection of plaint obviously suffers from an error of law and it is accordingly set-aside and the appeal is allowed……….…(36) Cases Referred to-..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the election of Chairman is also invalid. Electio..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......ourt Division refused to quash the proceeding pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The learned A..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ughters and that he was doing his business there. 13. It has been alleged that the plaintiffs have created some documents in order to grab the suit property. Defendant No.4 claimed that she is the lawful owner of the suit property by way of auction purchase from the Court. On 31.12.87 defendant N..Category: Property Law | Date: | Hits: 95
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