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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. ......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. ......by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Jud..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. ...... 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. ......d 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellaneous Appeal No. 109 of 1996 with Civil Rule No. 215(F.M.) of 1996 allowing the appeal with cost. 2. Short facts are that the plaintiff-respondents who were employees of the Supreme Court of Bangladesh (Hig..Category: Employment/Service Law | Date: | Hits: 76
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. ......lating to the information furnished by the respondent as to his wife it is seen correctness of the information given by the respondent in his petition for passport as regard his wife was seriously questioned. It is also seen from the materials on record that the said fact was brought to the noti......iable to refund the amount so taken as advance. 8. At the time of hearing of the case the Government produce the file before the AT and it was noticed by the AT that in the background of the facts relating to information given by the respondent in his application for passport as regard his..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 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. ......getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff could reasonably expect that all other formalities accepting the execution of the deed in question in favour of the plaintiff on acceptance of the consideration amount was only left to be ......h the plaintiffs was not within the scope of the power of disposal by the said authority. 13. The High Court Division has elaborately dealt with the proposition of law involved in the facts and circumstances of the case i.e., the promissory estoppel and since the Government has take..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. ......t. In the plaint which was filed in 1969, it was stated that the agreement for exchange was lost that means it was lost before or in 1969 but in evidence the plaintiff stated that the agreement in question was lost during the war of liberation. It further appears that the Ghose brothers did not ......peal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose pr..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. ......tional cases the Court may recourse to the provision of section 151 of the Code of Civil Procedure and can reject the plaint. 8. The learned Counsel for the Respondent No.1 submits that the question of res- judicata being a mixed question of fact and law can only be finally decided upon r......87. The relief so sought is not illegally available since the decree passed in the said suit already reached finality on being challenged by the Respondent No.1 and others. In the background of the facts stated hereinbefore and the discussions made hereinabove we are of the view that the subsequ..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. ......id and thus High Court Division was in error in holding that the plaintiff has title and possession of the land in suit, that in a suit for permanent injunction the Court is required to discuss the question of exclusive possession of the plaintiff, but the High Court Division as well as the Court......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. ......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. ......nd order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of 2004 disposing the rule directing both the parties to maintain status quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for eject..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. ...... 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. ...... Title Appeal No. 395 of 1963 affirming the Judgment and decree dated 29.06.1963 passed by the learned Munsif (now Assistant Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now A..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. ......ny and at any rate the petition before the labour court having been filed at the instance of the petitioner, there cannot be any doubt that ultimately the petitioner was the aggrieved person. The question of locus standi has been wrongly decided causing great prejudice to the petitioner. The......Labour Court rejected the application of the respondent No.3 for cancellation of registration of the respondent No.1. 5. The respondent No.1 filed affidavit-in-opposition denying the material facts and contending amongst other that the petitioner not being aggrieved by the judgment of the L..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ...... short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, 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 provis......ing the direction for restoration of possession of the disputed property to the Respondent No.3 (M/s. Lazaf Commercial Company Limited) which, in any case, was an illegal and improper order in the facts and circumstances of the case, that the High Court Division was wrong in giving the direction..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......sdiction. The High Court Division summarily rejected the revisional application. 7. Leave was granted to consider the submissions that liability of the defendant Nos. 3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Divisio......ant Nos. 3 and 4 for the loan 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 an..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: ......puty Attorney General submits, inter-alia, 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 r......lay in filing the appeal. 10. Mr. A. H. Amin learned Advocate-on-Record appearing on behalf of respondent Nos. 7 and 8 opposes the appeal contending, inter alia that the trial court considered the facts and circumstances and correctly decreed the suit. He then submits that there being inordinate ..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.6213 of 2002 discharging the Rule by cancelling the ad-interim bail. 2. The facts leading rise to the leave petition, in short, are that one Md. Mojibur Rahman lodged First In..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......s, the 13th paper namely the Administrative Law. In that state of the matter he filed an application before the Vice Chancellor of the University on 24.10.2000, (the examination of LL.B (Hon's) in question was held in 2000) with the prayer for re-examination of his answer script of the 13th pape......n made further direction that "the re-examination and re-evaluation should be done impartially and in accordance with law". 2. The writ-petition was filed in the background of the facts that the writ-petitioner, a student of the University of Rajshahi, passed LL.B (Hon's) Exami..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......and the judgment in the appeal therefrom were considered as the fact relevant being the judgment inter parties i.e. plaintiff and the defendant No.1 and also in connection with consideration of the question of possession of the plaintiff and the defendant No.1 in the land in suit. The learned Co......land in suit and the Court had found in that suit that said plaintiff had no right, title and interest in the land in suit which is the subject matter of the instant suit. In the background of the facts of the instant case the trial Court as well as the appellate Court while considering the ques..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......rejecting them as insufficient. It merely observed that the accused could not be found guilty of a charge of murder merely on the ground of their conduct subsequent to the occurrence. The right question the High Court Division was required to ask itself was, whether the circumstances proved ...... on the face and head of Chapa through the window as per explanation given by the accused persons, the High Court Division erred in law in allowing the appeals ignoring series of incriminating facts and circumstances brought on record establishing guilt of the accused respondents and that t..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... 8. We have considered the submissions made by the learned Advocate-on-Record and perused the impugned judgment of the High Court Division. It appears that admittedly the certified copy of deed in question was produced before Settlement Officer but when there is an allegation of forgery, whethe......n for leave to appeal is directed against the judgment dated 7-12-2000 passed by a Division Bench of the High Court Division in Criminal Revision No. 289 of 1999 discharging the Rule. 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on ..Category: Criminal Law | Date: | Hits: 37
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ...... appeal is directed against the judgment and order dated 06.03.2002 passed by a Division Bench of the High Court Division in Writ Petition No.5226 of 2000 making the Rule absolute. 2. Short facts are that the petitioner was elected as Chairman of Nazirpur Union Parishad, Upazilla-Muladi, ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......ty-petitioners seek leave to appeal against the judgment and order dated 18.08.2002 passed by the High Court Division in Civil Revision No. 2429 of 1998 discharging the rule. 2. The relevant facts for disposal of this petition, in short, are that one Mossammat Ambia Khaton as the plaintiff..Category: Property Law | Date: | Hits: 34
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