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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......ed in the year 1994; in the year 1964 the then Government requisitioned the suit land for the business of country made wine; that against whereof said Sudhir Chandra put objection in Miscellaneous case No.137/63-64 and which was dismissed and against whereof he preferred Appeal No.11 of 1964 bef......in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring .04 acres from Plot No. 50 in old Khati..Category: Property Law | Date: | Hits: 34
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. ......udge, Lalmonirhat Sadar, in Miscellaneous Case No. 53 of 1996 refusing pre-emption. 2. The petitioner, the pre-emptor, filed the above Miscellaneous Case No.53 of 1996 for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that......Lalmonirhat Sadar, in Miscellaneous Case No. 53 of 1996 refusing pre-emption. 2. The petitioner, the pre-emptor, filed the above Miscellaneous Case No.53 of 1996 for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is..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. ....... Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He tran......p; Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferr..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... - This appeal by leave is directed against the judgment and order dated 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. Whi...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..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. ......tte Notification dated 19-5-1999 in exercise of power under section 25(7) of the Customs Act, 1969 such tariff value shall be the basis of assessment of duty and other taxes as has been held in the case of Bangladesh Vs. Mizanur Rahman reported in 52 DLR (AD) 149. 4. Mr. MA Azim Khair, lea......000 making the Rule absolute. That respondent proprietor of Messrs Bangladesh Traders opened a Letter of Credit on-January 13, 2000 to import 5,600 sheets of Standard Hard Board, B Grade, from Thailand @ US$ 2.01 per sheet totaling C& F value US$ 11,256.00; that on arrival of goods at the Ch..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. ...... names and on the strength of that wrong entry they threatened the plaintiff with dispossession. Hence the plaintiff-respondent filed Title Suit No.151 of 1967. 4. The defendant petitioners' case is that Gopali Bala Dasi, the wife of Hajarilal Mondal, made an oral exchange of the suit pro......eal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession in respect of the suit land measuring 3.75 acres. The suit land originally belonged to one Hajarilal Mondal, who died leav..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......rt Division and obtained Rule in Civil Revision No. 2363 of 1996 but, in the meanwhile, the defendants filed written statement on 18-5-198. The High Court Division, after hearing, relying upon the case of Fazlul Huq vs Md. Tahed Ali reported in 47 DLR 326, discharged the Rule holding that the ti...... on the date of hearing and participate at the trial. 9. In the decision reported 45 DLR 638, as cited from the Bar, the plaintiff filed a partition suit praying for saham in respect of suit land and the written statement filed by the defendant No. 88 on 18-8-84 was rejected on 27-8-84 and..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......ived the impugned Memo No.Shilpa/Dairy No.037/DT-2-/87/3028 dated 27-5-1987 intimating that the company in question and another company would not be released to its shareholders as it was done in the case of Messrs Bella Artifitex Industries Ltd. because the Government decided to disinvest these two......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..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. ......d the plaintiff has failed to establish that the High School was admitting girl students in violation of the law, rules or regulations. The trial Court also held that the plaintiff has no arguable case and the balance of convenience and inconvenience is not in favour of the plaintiff and th......; e.g., in the case of a bailment".(The Concise Law Dictionary by PG Osborn,4th Edition). Property: "The right to possess, use and enjoy a determinate thing (either a tract of land or a chattel); the right of ownership; Any external thing over which the rights of possession..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. ...... 1-6-2000 the appellant was dismissed from service. The respondent No.1 thereafter filed departmental appeal which was also rejected on 16-9-2000. 3. The respondent then filed the aforesaid case before the Administrative Tribunal, Dhaka which was contested by the appellant and others. The......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. ..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.......y any interest on the principal sum of Tk. 50,226.70 as claimed by the respondent Sonali Bank, (plaintiff—decree-holder) and decreed on admission by the defendant—appellants. 2. Facts of the case, briefly, are that the respondent filed Money Suit No. 21 of 1978 on 18.8.78 in the Second Co......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...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 ......7 of 1981 in respect of TS No. 293 of 1977. Both the appeals were disposed of by the learned Subordinate Judge by a common judgment dated 21 November 1982. Both the appeals were dismissed; but in the case of TA No. 37 of 1981, the decree was conditional, that is, the plaintiff of the suit (appella......9), 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 well. On ..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. ......nsidered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(......Order 9 rule 13 of the Code of Civil Procedure. 2. Plaintiff-respondent Nos. 1-4 instituted Title Suit No. 589 of 1980 in the Court of Subordinate Judge, Dhaka for declaration of title to the suit land. The suit was decreed ex parte on 1.12.80 The defendant-appellants filed Miscellaneous Case N..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ...... time taking advantage of the interim bail. In a matter like this the State, in particular, the Deputy Attorney-General, should take steps for early hearing of appeals. In the circumstances of this case, we are not inclined to continue the ad-interim bail for indefinite period. We, however, direct......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......tion involves questions relating to a commercial transaction in respect of which a writ petition is not maintainable; infringement of any fundamental right, as alleged, is not involved in the present case and, as such, the writ petition is also not maintainable; the respondent No.1 filed the writ pe......law has established no specific remedy and where in justice and good government there ought to be one. In a case where this remedy is in other respects warranted, it is rarely that the Courts in England have considered an action in law to be such an adequate alternative remedy as to refuse the wri..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......partment of Environment is to take measures and to give necessary directions to any person to conduct drinking water quality surveillance programmes and submit report and advice or, in appropriate cases, direct, every person to follow the standard of drinking water (Section 4(2) (h), Act) ......ntaminated tubewells in villages varies from more that ninety percent to less than five percent. Geographically, the tubewells in the delta and the flood plains regions, which comprise 72% of the land area, are more or less affected by arsenic contamination. 3.0 Policy Statements. ..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. ...... the judgment dated January 3, 1988 of the Court of Settlement in Case No. 119 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publishing thereof in t......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. ..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. ......g respondent No.5 or depriving the writ-petitioner in any respect and, as such, the amendment of 1986 relating to Recruitment Rules, 1980 cannot be consider malafide and the writ petitioner had no case to challenge the schedule as stands after the amendment of 1986 of the Recruitment Rules of 19......arging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo. No. E-1(1)/Part-6/3224 dated 27-3-2001 giving cu..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. ......hould generally be granted against co-owners as all co-owners retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction can be given in appropriate cases where de facto partition for a recognisable period of time having been in existence through i......e. 2. The respondent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur seeking permanent injunction on the averments that 8.77 acres of land appertaining to CS Khatian No. 34, including the suit plot, belonged to Banga Chandra, Mohon B..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ...... No. 477 of 2005) Prime Edible Oil Ltd. & another........Petitioners (In Civil Petition No. 478 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgment May 17, 2006. Lawyers Involved: Mahbubur Rahman, Se......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
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