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Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....es appointed on the date of re employment of the writ petitioner and would be affected by making the Rule absolute in the writ petition) having not been impleaded, the writ petition was bad for defect of parties and the High Court Division ought to have dismissed the writ petition for n......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......p; Md. Ruhul Amin J.- This appeal by leave has been preferred by the Chief Engineer, LGED (though government of Bangladesh represented by the Secretary, Ministry of LGRD and Co-operatives was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was ..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......ly. Relevant paragraph Nos. 5, 6, 7 & 9 of supplementary affidavit sworn on 11.1.1982 are as follows: "5. That the petitioners are entitled to receive rent of the said land from the party to whom the industry might be sold." "6. That the petitioners leased out the land to Sree..Category: Tenancy Law | Date: | Hits: 148
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......ocuments on the last day of hearing without giving opportunity to the writ petitioners to controvert the same and that High Court Division based its judgment on a document which was not at all party of the record. 8. The appeals, both in support of and opposition to, were argued ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......us ailments and he relied upon the clerk of his engaged Advocate for making tadbir in the Case. His further case was that he was not aware of the ex parte decree in question. The plaintiff opposite party filed written objection in the above mentioned miscellaneous case denying the contention..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....nts contested the case by filing a joint written objection denying the material allegations. Their case is that the pre-emptor is not a co-sharer of the case jute and the case is bad for defect of parties and that the case is barred by limitation. Their further case is that the suit la......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......us remedy is available to the writ petitioners they can not invoke the writ Jurisdiction. It is further submitted that Article 52 of the Dhaka University Order, 1973 provides that an aggrieved party may also prefer appeal to the Chancellor who may cause the matter inquired into by an inquir..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n to her father and as per law under which the trial is being held the girl should remain with her parents as minor cannot make her own choice. She not being an accused or an witness on record either party could call her as a witness as the trial and Court will ensure her attendance. In the case ..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......any decree passed by a competent civil court the provision of section 144 of the Code is not attracted. He submits that when the section provided that if as a consequence of a decree, position of a party is changed after the institution of a suit the original position should be restored to the ex..Category: Property Law | Date: | Hits: 31
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......ing the real facts and circumstances made the Rule absolute. The learned Advocate further submitted that the High Court Division ought to have considered that the appellant-petitioner-opposite party has no right to file any case of civil revision before the High Court Division complying the ..Category: Trust/Waqf Law | Date: | Hits: 210
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......irected the trial court to include in the plaint the southern portion of the suit plot No.1696 which the plaintiff neither prayed for inclusion in the plaint nor it was the case of the either party. 8. Considering the facts and circumstances of the matter and the materials on re..Category: Property Law | Date: | Hits: 34
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....the property except for their maintenance. He can dispose it off as he pleases, and they cannot require a partition. The sons have no ownership while the father is alive and free from defect. Upon his death, the property in the sons arises, and with it the right to a partition......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......uit No. 269 of 1966 in the Court of Munsif(now Assistant Judge), Borolekha, Moulvibazar impleading one Abdul Huque the predecessor in interest of the present petitioners as defendants and opposite party Nos.3-27 and others raying for a decree for declaration of title and recovery of khas possess..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ...... for the first time, claimed the suit land on the basis of a managed ex parte judgment and decree dated 27.5.1985 passed in Title Suit No.30 of 1985 in which only the Government was impleaded as a party and further the averments made in the plaint of Title Suit No.30 of 1985 are not correct and ..Category: Property Law | Date: | Hits: 22
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......on 31 which is now pending for disposal. The plaintiff is harassing the defendants by filing criminal case and achieved a fraudulent decree in Other Class Suit No.12 of 1984 without impleading him as party. The aforesaid decree is not binding upon him and the instant suit is liable to be dismissed i..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......sequently the case was renumbered as 20 of 1992. 4. The case of the pre-emptor respondent, in short, is that he is the co-sharer of the case land and other lands by inheritance with opposite party Nos.3 to 6; opposite party Nos. 3 to 6 transferred 1.80 acres of land to pre-emptee opposite ..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ...... 197. ..Category: Civil Law | Date: | Hits: 94
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....hip of respondent No. 1. The writ petition was dismissed by the High Court by judgment dated the 16th June, 1959. It was held that the sale in favour of respondent No. 1 did not suffer from any legal defect. The appellant and other challenged this order in Letters Patent Appeal No. 103 of 1959, befo......her confirmation was required as against the provisions of sections 19 and 20 of the Pakistan (Administrations of Evacuee Property) Act, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends ..Category: Property Law | Date: | Hits: 28
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......arned Counsel it is necessary to notice some of the provisions of the Ordinance which are relevant. Section 19(1) (a) provides for tolls, dues, rates and charges upon vessel plying within or party within and partly without the limits of the Chittagong Port. Section 19(1) (d) provides fo..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......Co-Operative Book Society Ltd., having its Head Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known ..Category: Criminal Law | Date: | Hits: 32
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