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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....n incorporated in the paper book to the serious prejudice of the respondent and the paper book is misleading, defective and incomplete which is liable to be discarded for the ends of justice. 8. On perusal of the judgment of the trial Court it appears that the learned...... the year 1351 B.S. in the month of Kartik; the suit land is situated within the Rajshahi City Corporation area; in the year 1354 B.S. the said Rama Proshad intended to sell the suit land and accordingly received Tk. 6,000/- from Dil Mohammad but before registration he left for India; that ......ing .04 acres from Plot No. 50 in old Khatian No. 723, .03 acres from Plot No. 49 in Khatian No.722, .02 acres from Plot No. 32 in Khatian No. 543 and .03 acres from Plot No. 84 in Khatian No. 763 total measuring .12 acres originally belonged to Uttam Sardar, Uday Sarder, Khirod Baisnab and Basa......f the defendant, the plaintiff cannot succeed in the suit, the High Court division totally failed to consider that aspect of the case and decreed the suit on mere presumption thereby erred in law. 7. Mr. Sultan Ahmed, the learned Counsel appearing for the respondents has, however, su..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 360 of 2003). Judgment: ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......tention (Ext.3). In the light of discussion made above I may conclude that the appellant is co-sharer in the case jama by dint of holding and purchase as well by the kabala dated 2.01.88 and accordingly does not need to seek pre-emption of the case land as adjoining land owner. So the t......slam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 passed by the ......ian No. 160 was finally published on 6.05.98 i.e. long after the transfer of the case land to O.R No.1 i.e. at the time of transfer of even at the time of entry in volume of the case land is in law a part of S.A. plot No. 40 of S.A. Khatian No. 13. In law it cannot be said that the case land..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......ptor is a co-sharer in the disputed holding. It is undisputed that the kabala sought to be pre-empted was executed and presented for registration on 30.06.1980 and the same was registered according to the Provisions of section 60 of the Registration Act, that is, copied in the vol......nt and order dated 25.05.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 1233 of 1996 discharging the Rule. 2. Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, ...... he derived his knowledge about the kabala sought to be pre-empted on 2nd Jaistha, 1388 B.S. 9. In view of the discussion made above, we are of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is a..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....pellate Tribunal erred in law in setting aside the judgment of the Administrative Tribunal against which the aggrieved party had not preferred any appeal and, as such, there was miscarriage of justice and the submission that the Administrative Appellate Tribunal erred in holding the view th......igorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without pay. The appellant accordingly, submitted joining report on that very day. By an order dated 12-4-1995 of the Regional......ed 14-12-2000 passed by the Administrative Appellate Tribunal in AAT Appeal No. 51 of 1998 dismissing the appeal. 2. The case of the appellant, in short, is that he joined as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a ......e appeal as a whole was dismissed and thereupon AT Case No. 66 of 1997 was dismissed. 6. Leave was granted to consider the submission that the Administrative Appellate Tribunal erred in law in setting aside the judgment of the Administrative Tribunal against which the aggrieved p..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... ......f invoice value. 3. Leave in the appeal was granted to consider the submissions of the learned Additional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed b..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......wab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by the High Co......ate Court having scrutinised all the materials on record carefully came to the right conclusion that the exchange deed Exhibit A is a bonafide document. Therefore, the High Court Division erred in law in holding that no fraud was practiced by the plaintiff-respondent. We have considered t..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... ex parte hearing even when the defendant did not file written statement and that, in any view of the matter, the defendants having filed the written statement on the next date fixed, ends of justice required that there should have been no ex parte hearing. 6. As it appears before am......, in 45 DLR 638 a Single Bench of the High Court Division also took the view that filing of the written statement by the defendant within the prescribed period is a mandatory requirement of law and accordingly, the decision reported in 47 DLR 326 relying on which the High Court Division discharg...... Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases Referred to- Fazlul Huq vs. Md. Tahed Ali, 47 DLR 326; Messrs Adamjee Jute Mills Ltd vs. Chairman 3rd...... of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the High Court Division passed relying upon the principle of law laid down in the case reported in 47 DLR 326 conflicts with the principles as laid down in the ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....nvest these two industrial units by giving 51% and 49% shares of the said two companies to the said corporation respondent No.3 and the general public respectively. Upon sending a notice of demand of justice on 21-6-1987 the appellants challenged the impugned memo dated 27-5-1987 and the appellants ......lawful authority, there was no room for the High Court Division to add the rider allowing the respondents to take any further action in the matter in the event of releasing their shares and, as such, according to him, the rider should be expunged. 12. Mr. Rafique-ul-Huq, learned Counsel appearing......pellants Vs. Secretary, Ministry of Industries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangl...... industrial unit as an abandoned property under President's Order No. 16 of 1972 the appellants could not claim the shares of the said company or the industry itself the shares of which having been lawfully vested in the Government. The Bangladeshi shareholders of Messrs Bella Artifitex Industri..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......on of the norms of the non-government educational institutions, that the High School under the law was required to apply to the Deputy Director of Secondary and Higher Secondary Education Board for according permission to start a girl school but no such application was filed and, as such, the Hig......-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from Class VI to X, t......rculated posters and leaflets for admitting therein girls without any fees in Class VI to X in violation of the norms of the non-government educational institutions, that the High School under the law was required to apply to the Deputy Director of Secondary and Higher Secondary Education Board ..Category: Civil Law | Date: | Hits: 216
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. ......e appeal and under sub-section (2A) of section 6 an appeal could be admitted if filed not later than six months, in case of sufficient cause explained for the delay. 10. In the instant case, according to the learned Counsel, the appeal was not filed within the time as mentioned above and ...... him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corruption. It was alleged that the respondent No.1 was transferred to the office of TNO Dohar on 24-10-2000 and was directed to join the said office and in default he......nal to admit an appeal if preferred within a period of six months after the period of three months specified in sub-section (2) of section 6 and that the Administrative Appellate Tribunal erred in law in not holding that the delay may be condoned if it is not more than six months beyond the usua..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....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.......filed the aforesaid Execution Case claiming Tk. 80,132.40 which included interest on the balance amount upto 30.4.84. The appellants paid some instalments after the decree was passed and the balance, according to them, stood at Tk. 28,087.70 paisa at the time of execution of the decree. On 16.5.84...... Judgment February 26, 1990. Result: The appeal is allowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entit......n the principal sum adjudged, it shall be deemed to have been refused in terms of sec. 34(2) of the Code of Civil Procedure and thus the view taken by the High Court Division was not justified in law. 7. Mr. Asrarul Hossain, learned Counsel for the respondent reiterated his submission which f..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 ......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 ...... of 1949), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as we......f the Police Station as its receiver. The respondent challenged the order of attachment by Criminal Motion No. 361 of 1977 but it was rejected by the Sessions Judge. Thereupon the respondent took law in has own hand and dispossessed him (appellant) from a part of the suit land forcibly erectin..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....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. ......f Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report c......ds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by t..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... was created in the mind of the respondent No.1 and the sudden withdrawal of the same, without assigning any reason, is not only arbitrary but is also violative of the principle of equity and natural justice. 8. As it appears from the Tender Schedule, Annexure-A to the writ petition, Tender was ......f contract owing to the withdrawal of the letter of intent but, in fact, no enforceable contract emerged between the parties and, as such, the question of breach of any contract did not at all arise; according to the direction of the respondent No.3, the controlling Ministry, the appellant entered i......is Case is also Reported in: 59 DLR (AD) (2007) 185. ......f the appellant, directed the appellant to withdraw the letter of intent and to invite fresh bid and accordingly, the appellant withdrew the letter of intent and, there had been no arbitrariness or unlawfulness in the withdrawal of the letter of intent and, on the other hand, if the respondent No.1 ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....er, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare and Women's Affairs, has undertaken various steps to alleviate social injustice; the Ministry, Local Government and Rural Development i.e. LGRD, the Ministry of Health and......uently, the people in Bangladesh, though concerned about the quantity of water available, were not concerned about its quality because it was taken as granted that ground water per se was safe and accordingly, they continued and still continue to drink such water with its serious impacts on publ......ellip;…..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2005. Cases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR...... petition in public interest, impugning the continued failure by the Government and other public authorities, in particular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Environment Conservation Rules, ..Category: Environmental Law | Date: | Hits: 255
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. ......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. ......t an abandoned property and the property has been listed in the 'Kha' list without lawful authority and, as such, the same has no legal effect. The High Court Division further directed the Government to exclude the property in question- from the list of abandoned property. 3. It was the case of t......t of Settlement. The High Court Division upon making the Rule absolute declared that the property in question is not an abandoned property and the property has been listed in the 'Kha' list without lawful authority and, as such, the same has no legal effect. The High Court Division further directe..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. ......ot represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1910 of 2002) Judgment: Md. Ruhul Am...... appointed in Grade-I and that he had only the qualification for being appointed in Grade-IJ and, as such, the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law". This Court did not find substance in the contention of the petitioner that he was senior..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 passed by the......ecreed the suit and the High Court Division, in a misconceived way, discharged the Rule. 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners retain rights..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......ith Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, 1976 passed by th......tion of rent, be governed by the terms of the lease and the provisions of the Transfer of Property Act, 1882: Provided that, notwithstanding anything contained in this Act or, in any other law for the time being in force or in any contract, no non-agricultural tenant shall sublet the wh..Category: Property Law | Date: | Hits: 34
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