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Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....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. ......t he purchased the suit land by registered kabala dated 19.09.1969 and has been in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Est......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. ..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. ......her possessed the gifted property and after him he is in peaceful possession of the land so gifted by the Zamindar, that the defendant No.5 i.e. local Tahshilder taking advantage of the wrong record of right in the name of the Government threatened the plaintiff to dispossess him from ......of Zamindar Birendra Kishore Roy Chowdhury who owned Gouripur Zamindari Estate, Roy Chowdhury who owned Gouripur Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 3..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. ......out lawful authority on an assumption that it was an order of compulsory retirement under the Public Servant Retirement Act, 1974 although nowhere in the impugned order or any other document or record was it stated that it was an order of retirement under Section 9 of the Public Servant Reti......;tion upon the writ respondents to comply with the provision of Section 35 of the Board of Intermediate and Secondary Education Ordinance, 1961 in respect of the term of their retirement from the service. The Writ Petitions arising out of common fact and law, High Court Division disposed of the..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. ......and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey the land became cultivable and on the basis of ......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 othÂers, 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. ......ossession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddin and in his name C.S. record was prepared, that said Jairuddin died leaving daughter Araben Nessa and nephew (brother's s......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. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....portunity of being heard and that he appeared and explained that he was not present at the place of occurrence during the occurrence and was innocent and he was given magisterial power and acted in good faith in evicting the unauthorized occupations from T & T land and recovered possession a......tion) forming three member inquiry committee for conducting an inquiry for conducting an inquiry for imposing major penalty upon the respondent and that the members of the inquiry committee did not record statements of any witness in presence of the respondent and issued memo dated 06.07.200......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. ..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. ......ase of Mirza Shahab Ispahani reported in 40 DLR (AD) 116. But the facts of this case are quite distinguishable from the facts of the present case. 10. It appears that there is no material on record to show that Abdul Jalil was in possession of the suit property after liberation of the cou......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)
.... sheet, the writ petitioner respondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and other levies but on the basis of a......ndicative value on the imported goods and the High Court Division held that such methods of determining the normal value with various adjectives such as indicative value, enhanced valuation price, recorded value, loaded value and commissioners value etc have no sanction in law and accordi......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ...... to the post of deputy General Manager in the appellant-Bank which was established under the Bangladesh Krishi Bank Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following..Category: Administrative Law | Date: | Hits: 90
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. ......or declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and Abbari Barmani in 8 annas share. The C.S. record was accordingly prepared and finally published. Basanta Kumar being the eldest brother of t......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. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... 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. ......ision withdrew the suit from 1st Court of Subordinate Judge (now Joint District Judge), Dhaka and transferred it to itself i.e. the Division Bench for disposal and further directed for bringing the records of the suit by 24.08.1996 by a special messenger and then to register it as a transferred s......) of 1996 allowing the appeal with cost. 2. Short facts are that the plaintiff-respondents who were employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appe..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses and structures on the suit land from before. The Trial Court on consideration of the materials on record, found that the defendant-petitioner had no dwelling houses on the suit property and in the ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....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. ......on of appointment was also there and the AAT having observed and noticed that the cancellation of appointment was made "in the public interest" failed to take into account these official records maintained in the ordinary course of business and further failed to appreciate that the can......ered the material point at issue in its correct perspective and therefore arrived at a wrong decision. 10. Leave was granted to consider the submissions that in the interest of continuity in service of the respondent himself the Government did not refer the materials in the file to wash hi..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
...."hire-purchase" is synonymous to sale by way of hire-purchase agreement. A hire-purchase agreement, as its very name implies, has two aspects. There is first an aspect of bailment of the goods subjected to the hire-purchase agreement and there is next an element of sale which fructifie...... 6. Khandker Mahbubuddin Ahmed, the learned Counsel appearing for the plaintiff-respondents has however submitted that the Court of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitl...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the suit filed by the latter in the Court of Munsif at Krishananagar. It is not the case of the plaintiff that he had any other agreement with Ghose brothers for the 'Kha' schedule property. From record it appears that the Ghose brothers did not hand over possession of 'Kha' schedule property t......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
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. ......n 11 of the Code of Civil Procedure on the point of res-judicata and the trial Court shall frame one of the issues as to whether the suit is barred by res-judicata and will decide the issues after recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff f...... of Other Class Suit No. 37 of 1987 filed Miscellaneous Case No. 5 of 1996 under Order 9, Rule 13 of the Code of Civil Procedure seeking setting aside of the decree on the groundof non-service of summons upon him. 3. The Miscellaneous Case was opposed by the appellant a..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. ......isitioned in L.A. Case No. 4 of 1950-51, that the land in suit measuring .13 acre has been leased out on October 14, 1984 to him by the Ministry-of Works for 99 years and thereupon he got the land recorded in his name and paying rent, that he has erected pukka latrine and transplanted trees and ......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. ..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ce and inconvenience is in favour of the petitioner and thus committed error in the decision. 4. We have considered the submissions made by the learned Counsel are perused the materials on record. There is no dispute that the Other Suit No. 101 of 1985 has been restored to its original f......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
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. ......the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the land was recorded in the khas khatian of various landlords. The river having had silted up the landlords gav...... 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. ..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. ......onsidered to be an aggrieved person in view of any decision or observation in the said judgment and that not being so the appellant is not an aggrieved person. 11. But as it appears from the records it is at instance of the petitioner that the respondent No.3 filed the ab...... 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. ..Category: Labour and Industrial Law | Date: | Hits: 131
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