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Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Appellate Tribunal agreed with the aforesaid findings of the Tribunal even though it was pointed out that it escaped the notice of the learned member of the Administrative Tribunal, that it was not disputed by the respondent that he was duly given notice of the second enquiry and that he was in ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....d as a party defendant mainly on the ground that he is the only surviving heir and successor Sreemati Shanti Sudha Moitra, defendant No. 1 and that he is also in physical and actual possession of the disputed property and as such he is a necessary as well as a proper party; and that without his pres......tuted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....s and conditions of the service which are amenable within the jurisdiction of the Administrative Tribunal ousting the writ jurisdiction of the High Court Division, inasmuch as no disputed question of fact as sought to be raised by the writ petitioner could be resolved by the H......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the present case, where both the Courts below neither compared disputed signatures nor sent them to handwriting expert, the High Court Division was competent to ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ut in the totality of the facts and circumstances of the case the trial court arrived at the finding that the mistake in Ext. Gha(2) and Ga(9) was an inadvertent mistake of the scribe although khatian number and the other description of the land as well as the quantity of land has been writt..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... himself for the year 1351 B.S. on 5.7.1351 BS Ext.1(1) and for the years 1354 B.S.,1353 B.S. and 1352 B.S. on 8.8.1354 B.S. (Ext.1) showing their continuous possession following title in the disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) se...... 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. ..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. ......e to know about the above sale deed dated 17.06.95; he then after obtaining the certified copy of the said deed filed the case seeking pre-emption, although in the above sale deed dated 17.6.95 the khatian number has been shown as 160, actually it would be Khatian No.13. The pre-emptee-responden..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ddiqui, the learned Advocate for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the pre-emptor is a co-sharer in the disputed holding. It is undisputed that the kabala sought to be pre-empted was executed and pr......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)
....y would have been filed. 7. We have heard Dr. M Zahir, the learned Counsel for the appellant, and perused the judgment of the High Court Division and other connected papers. It is not disputed that the appellant entered Government Service as Technical Inspector of Food on 28-7-...... 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
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....7 of 1972 placing the same under the respondent corporation is not immune from challenge. Refilling the appellant's contention that the writ petitioner-appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division f......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
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....erest. The view taken by the High Court Division cannot therefore be supported. 11. The following statement has been filed showing payment made by the judgment debtor-appellants which has not been disputed by Mr. Hossain. The appellants have also filed a photo copy of the receipt showing deposi......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)
....d Delbaz Vs. Sarada Sundari Debya, 13 DLR 334. The Ijara lease was taken by Ram Prosad in the year 1926, but the land was transferred by his sons in 1977. There is no evidence when he died except the disputed rent-receipts, Ext. 2 series, which were allegedly granted by Ram Prosad in the years nea......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 ..Category: Property Law | Date: | Hits: 38
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. ......handra, Mohon Bashi, Noda Bashi and Hari Bashi in ejmali shares of whom Noda Bashi having died 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..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ers. 5. The learned Single Judge who heard the appeals has dismissed both the Second Appeals on the view that the Court of the Subordinate Judge had come to a correct finding as to the disputed contract for permanent lease and rightly construed the provision of section 75A of th...... 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)
....er and Abul Quashem had land dispute with their uncle PW 17, Abdul Bari Chowdhury. They harboured a grudge against the deceased, because of his support to PW 17 they could not get possession of the disputed land. PW 20, Abdul Hamid, the Officer-in-Charge of Banskhali Police Station, came to the pl......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
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. ......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
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....on to cancel the record of right. It is seen from the judgment of the appellate Court that the said Court proceeded upon the assumption that settlement of the land in suit to Bipin Chandra was not disputed by the defendants and that Bipin Chandra paid rent to the landlord, although the cons...... the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed averring that the land in suit measuring 3.30 acres of CS khatian No.6, corresponding the RS khatian No.7, belonged to Bibi Ummat Johara and others and ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....lants filed a voluminous petition for amendment of the plaint, consisting of about 15 pages (the original plaint being of about 4 pages only) wherein it was stated, infer alia, that the disputed land has been acquired under the provisions of the Emergency Requisition of Property Act, ......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
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....e eligible to apply for license to the Bangladesh Bank to start banking business and as such the writ petitioner being not on the same footing no discrimination has been made. 13. It is not disputed that the council committee lastly extended time to the writ petitioner up to 30.06.19......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
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