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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. ...... 160, actually it would be Khatian No.13. The pre-emptee-respondent no.1 contested the pre-emption case by filing written objection contending, inter alia, that he purchased the case land from the respondent No.2 for construction of his residence and he went into possession of the case......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. ......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. ..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. ......nder pre-emption for his brother, Mozammel Huq (P.W.2), at his Khulna residence on 2nd Jaistha, 1988 B.S. P.W.2 Mozammel Huq, in his evidence stated that he heard about the kabala in question from one Abdul Gani who has not been examined in the case. Accordingly the trial court found that t......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. ......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. ..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. ...... Sirajganj, who returned the bills without payment. 3. The appellant then filed a case before the Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had ...... 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. ...... 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. ......1265 of 2000 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 ......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. ..Category: Business or Commercial Law | Date: | Hits: 99
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. ......Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining the defendant Nos. 2-10 from admitting girl students in Nalchity Merchants High School. The plaintiff claiming himself as ...... 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. ...... 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. ..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. ......thereafter second show cause notice was served upon him proposing major penalty to which he again submitted his reply pleading innocence and that by order dated 1-6-2000 the appellant was dismissed from service. The respondent No.1 thereafter filed departmental appeal which was also rejected on ......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. ......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
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....er the process-server had at all effected any service when his uncorroborated reports were not relied upon earlier by the trial Court itself and when in the Court he presented himself alone without corroboration. 22. The trial Court has held that the appellants could not prove satisfactorily th......ink it necessary to state that an earlier suit was pending between the parties, as the present suit sought a different relief and arose out of a separate cause of action. No fraud can be deduced therefrom, he submits. 11. The appellants clearly stated in their application under Order 9 rule 13.......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. ..Category: Procedural Law | Date: | Hits: 116
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. ......eed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare and Women's ......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. ......r installation of tube wells for "safe water" throughout the country; UNICEF, the respondent No.5, supported safe-water supply programme in Bangladesh and provides technical resource supports and the programmes of UNICEF are implemented through the respondent No.4 under the ..Category: Environmental Law | Date: | Hits: 255
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. ......ndment in the schedule of the Recruitment Rule, 1980 was made in 1986 and the writ-petitioner who joined in Grade-II in January 1995 challenged the schedule of the Rules of 1980 in 2001. It is seen from the materials on record that at the time of submitting application by the writ-petitioner for ......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. ..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. ......unmarried, the three surviving brothers got his share; 5.22 acres of land of plot No. 1222 of the suit khatian also belonged to the said three surviving brothers in equal share of 1.74 acres each; from his 1.74 acres of land Banga sold 1.20 acres to Amir Hossain on 13-11-1828 and sold remaining ......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. ..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. ......Division Bench of the High Court Division in Writ Petition Nos. 2173 & 1776 of 2004 making both the Rules absolute and the respondents were directed to delete the names of the writ-petitioners from the report of Credit Information Bureau (CIB) forthwith. 2. In Writ Petition No.1776 o......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. ......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
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......t lodged with the Customs authority. The section further provides (hat where there has been any under payment or erroneous refund of duty, the Customs Authority within a period of three years from the date of first assessment, or making of the refund, may recover the deficiency. Keepin......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
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. ...... 2755/- which was found to have been paid by the petitioners in respect of the said contract. It may be mentioned that the respondents also preferred a Second Appeal to the High Court from the same judgment and decree, which was beard analogously with the Second Appeal preferred by ...... 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. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e the testimony is free from doubt. It is equally settled that when a conviction rests on the testimony of a single witness who is interested and partisan in nature, the Court, apart from requiring corroboration of the said testimony, as a rule, subjects the same to maximum and closest scrutiny. I......nd nephews reside in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the uncle Abdul Bari and his nephews. Abu Taher and Abul Kashem, for about six years from before the incident. In that dispute Abdul Bari's cousin, deceased Zafar, took his side. Abou......dence of that lone eye-witness without any proper scrutiny and realisation of the improbability of the version given by him. The learned Judge failed to notice that this PW 3 not only was not an independent and reliable witness but was evidently inimical to the accused as he and his father we......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......h of the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the Service Regulations of Bangladesh Agricultural Development ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......ter the High Court Division was in error in holding that the suit register was called for on the application of the plaintiffs and thereupon rejecting the finding of the lower appellate Court that from the plaintiffs' side suit register was not called for to dislodge the facts stated in Exhibit ......f the land in suit. 9. It may be mentioned the trial Court rejected the claim of the defendants as to possession of the land in suit since the witnesses examined by the defendants were not independent, rather related to each other and to the DW 1 who is the father of defendant Nos.2 and ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolishing the structures in the land in suit and for further declaration......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ows: "In the result this appeal is allowed and the impugned judgment and decree are set aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and the respondent No. 1 is directed to execute and register a......h Court Division itself observed that the compromise decree because of the provision in Article 182 of the Limitation Act has become unenforceable but held "this decree did not create any independent right to the parties rather it is an acknowledgment of the original contract other tha......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......of the kabala dated February 27,1970 is the khas land, that land of the RS Khatian No.7 (corresponding to CS Khatian No.6) was not government khas land and that plaintiff's vendor since settlement from the ex-landlords possessed the land purchased by him on February 27, 1970 and that since purch......d by Bipin Chandra or by the plaintiff, that as Bipin Chandra had no right, title and interest in the land in suit the RS record prepared in his name was not correct, that from plaintiff's side no independent witness was examined to prove the case of settlement said to have been taken by Bi......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......State Acquisition and Tenancy Act, that the Additional Deputy Commissioner, Dacca recognised them as the tenants on the basis of their settlement and long standing possession and realised rent from them, but that the Board of Revenue, by a notice dated 15 6-67 purported to cancel the recogn......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
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