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Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ed Counsel for respondent Nos.1-3 and Mr. Jillul Huq, the learned Counsel for respondent Nos. 4-7 and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the Title Suit No.73 of 1976 brought by predecessors of plaintiffs in the First Court..Category: Procedural Law | Date: | Hits: 93
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......and by Sadanada Ghose and they paid rent to him and after his death paid rent to Shaibalini Ghose, his wife, until August 1984. The High Court Division has rightly found that the plaintiff's annoy dispute the title of Sadananda Ghose and his heirs under section 116 of the Evidence Act and i..Category: Property Law | Date: | Hits: 106
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......aud entered into the house without complying with the assurance and that on 18.07.1998 while the complainant respondent No.1 approached the accused petitioner and others for settlement of the dispute they threatened him with dire consequence and compelled the complainant responden..Category: Criminal Law | Date: | Hits: 30
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......No 1's becoming 30% share holder. It was alleged that instead of payment being made to the petitioner the respondent No.1 started to misappropriate the income from the trawler which gave rise to a dispute between the said partners. However, the dispute was settled between them in a ‘Shalis..Category: Property Law | Date: | Hits: 31
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......e Additional Commissioner, Rajshahi and by order dated 18.10.1979, he found that the land in suit of Anil Ranjan against Monindra Nath Pramanik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive and fraudulent..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t land for more than 12 years from the date of the deed of gift. It may be mentioned the defendant Nos. 2-12 purchased some property from the defendant No.1 and that was the starting point of dispute about the title and possession of the plaintiffs and in that background they were compelled..Category: Property Law | Date: | Hits: 23
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....he public Servants Retirement) Act 1974]. 13. In his submissions he referred to the minutes of meeting of Secondary and Higher Secondary Board, Jessore held on 19.09.1998 and submits that by resolution No. 2 (ka) it was decided that since the Board is regulated by Ordinance 33 of 1961 and ......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. ..Category: Property Law | Date: | Hits: 32
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....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. ......size 8'x4'x3' mm, the tariff value has been fixed @ USS 4.00 per sheet. 9. In the case of Mr. Ayub and others Vs. Collector of Customs and others. Writ Petition No. 1495 of 1996, dispute arose when the customs authority fixed the indicative value on the imported goods and..Category: Fiscal/Taxation Law | Date: | Hits: 95
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. ......te Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7. The learned Counsel for the appellant submits that undisputed position is that the Respondent No.1, plaintiff in the suit, Other Class Suit No. 41 of 20..Category: Civil Law | Date: | Hits: 122
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. ......e 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 file and number. The ..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. ......days, all the said workers of the factory of the appellant were retrenched with effect from 10.11.8? and they were paid all their legal dues; the above retrenchments did not lead to any industrial dispute nor it was challenged by any of its workers or the Labour Union of the Match Factory, the r..Category: Labour and Industrial Law | Date: | Hits: 131
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
...... Kinkore Dutta died in the then East Pakistan and four others i.e. Kali Kishore Dutta, Kali Prosanna Dutta, Kali Sankar Dutta, Kali Bhusan Dutta left for India long ago and became Indian citizens and dispute having arisen among the sons of Janaki regarding appointment of shebait, Kali Pada Dutta the..
Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......n fell into a serious error of law in dismissing the appeal without considering the defence case that the appellant deposited the entire money to the Government exchequer and the Government did not dispute the fact and, as such,, the impugned judgment and order is liable to be set aside. Mr Bhuiya..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... regarding the meaning of the term "Court" and the opinion of authors on the subject makes it clear that a Court must be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if the dispute is a question of fact, the ascertainment of the fac..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......re of the view; the learned Additional Sessions Judge has rightly found the accused persons guilty of the charge beyond all reasonable doubt". 17. The High Court Division has observed "There is no dispute that a confession of a co-accused is obviously a very weak type of evidence, it is much weak..Category: Criminal Law | Date: | Hits: 63
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......n a grid area- (i) to supply to the grid all or part of the power generated at the station at such rates as may be determined by the Provincial Government by general or special order; in case of dispute this will be referred to arbitration; (ii) to take from the grid all or part of the power..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......he plaintiffs. The learned Munsif came to the conclusion that notice under section 5(1a) and 5(3) of the said Act were not served on the plaintiffs and as such there was no valid acquisition of the disputed property. 4. Against the said judgment and decree the defendant-appellants preferred..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... of Police. It was submitted that the proper forum for adjudication of the matter is the Court of Settlement which has been specially constituted under the Ordinance for the purpose of settling the disputes regarding abandoned properties. 5. In her affidavit-in-reply the appellant denied that..Category: Property Law | Date: | Hits: 54
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......sed, it is evident that District Judge is not to act in his private capacity or any capacity other than a Court. This would appear from the qualifying words "within whose jurisdiction the election in dispute was held "used in Article 29 (4) of the Ordinance. The qualifying words exclude any other ..Category: Election Law | Date: | Hits: 125
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
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