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Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....at the land in suit has been alluviated after coming into operation of part V of the State Acquisition and Tenancy Act or that after promulgation of President's Order in 1972 and 1973 amending the provision of section 86 of the State Acquisition and Tenancy Act (SAT Act), that plaintiffs have pr......that part of the land in suit is in the bed of the river but no such case was pleaded in the written statement and as such the evidence of the D.W.1 in that respect is not acceptable under the law, that D.W.1 did not substantiate his evidence that part of the land in suit is in the bed of t..Category: Property Law | Date: | Hits: 27
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
.... at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possession) Ordinance (Ordinance No. L......rence 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 as per law and that the respondent No.2 following the provision of Rule 7(2) of the Government Servants (D..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....laintiffs lather purchased the suit property at a time when it was already abandoned properly and as such under Article 6 of P.O. 16 of 1972 such transfer is not valid rather the same is hit by the provisions of Article 6 of P.O. 16 of 1972. He next submits that as the property was already aband......r submissions is that whereabouts of Abdul Jalil were not known and he tailed to possess, supervise, manage and control the properly, and as such the same became abandoned property by operation of law. 8. He further submits that the plaintiffs lather purchased the suit property at a..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....estion raised is whether the customs duly etc. on the imported Hard Boards and MDF Boards should be assessed on the basis of Invoice value as ordered by the High Court Division irrespective of the provisions of section 25 of the Customs Act. Section 25(1) of the Customs Act provides that t......ules were made absolute and the assessments of customs duties and other levies on the imported Hard Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the b..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he submissions that the judgment of Administrative Appellate Tribunal should be set aside as the same suffers from through misconception both as to law and fact and also the submission that if the provisions of P.O. 27 of 1973 and the service regulations of 1961 are construed together there cann......uch the said Board was the only competent authority to pass the order of compulsory retirement. The impugned order not having been passed by the Board of Directors, the same was not sustainable in law. 3. The appellant-Bank in its written objection refuted all the allegations of the respo..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. ......ries and payment of rent on the basis of dakhilas are collusive, forged and fabricated documents created for the purpose of the suit and therefore that the High Court Division committed an error of law in setting aside the judgment of the court of appeal below without reversing the findings that ..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. ......on read with section 4 of the Administrative Tribunals Act, 1980 and the learned Judges of the High Court Division being an appellate court with the same powers as those of the trial court erred in law in not rejecting the plaint although that was the precise submission made before it and the fur..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. ......rder dated 14.5.2002. Hence is this petition for review. 2. Md. Nowab Ali, learned Advocate-on-Record, in support of the petition submits, inter alia, that the High Court Division erred in law in not holding that the respondent’s application for permanent injunction was not maintai..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. ......nment reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that the order challenged was passed legally and lawfully. 6. At the time of hearing of the case it was submitted by the Government that the ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....ent. 8. From all these, it reveals the plaintiff though was initially tenant in a portion of the premises for commercial use he used the premises mainly for residential purpose and under the provision of the Bangladesh Abandoned Property (Taking over possession) Rules, 1972 residential an......iff continuing to reside and doing his business on the suit property paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspapers and the Government constitu..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....dant preferred the above mentioned Civil Revision and the Rule was discharged as aforesaid. Leave was granted to consider the submissions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure ......e submissions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure and thus fell into an error of law in holding that foreign judgment, Exhibit-3 was admissible. 5. We have heard Mr. AJ. Moh..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... 12 BLD (AD) 247 and the case of Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. reported in 20 BLD (AD) 278 wherein it has been held that in exceptional cases the Court may recourse to the provision of section 151 of the Code of Civil Procedure and can reject the plaint. 8. The l......ous suit and as he was unsuccessful up to the Appellate Division in getting the decree passed in the earlier suit set aside, as such the High Court Division erred in law in not rejecting the plaint of the Other Class Suit No. 41 of 2000 at least with respect of 'k..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....scharged the Rule 6. Leave was granted to consider the submissions of the appellant that the High Court Division was in error in not noticing that the suit so filed was barred because of the provision of section 14A of the (Emergency) Requisition of Property Act, 1948 as the land in ......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. ......ppellate court directing for maintaining status quo is illegal and the High Court Division committed error in support in not considering this vital ground and that the High Court Division erred in law in failing to find that the balance of convenience and inconvenience is in favour of the petiti..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. ......aving arrived at various finding of facts, the learned Single 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 ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... against an order of the Labour Court rejecting an application of the Registrar Trade Union under section 10(2) the I.R.O. as in the present case and the High Court Division failed to consider the provisions of section 11 of IRO and that there having been no remedy under I.R.O, the appellant had...... the ground of shortage of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisions of law and there was no lawful and valid notice in support of the case of the respondent No.3 that the..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....akistan, that in 1972 when the shareholders of the Corporation stranded in Pakistan the property in question and the other properties of the Corporation were declared abandoned property as per provision of P.O. 16 of 1972, that while the share holders of the Corporation returned to Banglade......the contentions that the High Court Division misdirected itself in discharging the Rule in that it was no where found that the impugned order dated 14.12.1991 (Annexure-D to the writ petition) was lawfully passed under proper lawful authority, that the High Court Division not only misread the op..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....peculate about the decree that may be passed, that Section 5(1) of the Ain provides that all suits concerning realization of loans of a Bank will be filed in the Artha Rin Adalat, that there is no provision that such a suit may only be filed against a borrower/guarantor, that High Court Division......an 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 names of the defendant Nos. 3 and 4 to be struck out from t..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: ...... that the learned Additional District Judge being last court of fact decided the point of limitation in favour of the appellant condoning the delay and the question being a mixed question of fact and law, the High Court Division committed error of law in reversing the finding of fact without any cog..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......ps by judgment and order dated 17.6.2003 rejected the said criminal revision summarily. 3. Mr. Ozair Farooq, learned advocate for the petitioner argued that the High Court Division erred in law in passing the judgment and order inasmuch as Sub-section 3(B) of Section 173 of the Code of Cr..Category: Criminal Law | Date: | Hits: 102
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