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.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......possession. The proposition that title follows possession is one of general in nature. There are cases of exceptional nature and character to which general proposition title follows possession has no application or, in other words, there are cases which are exception to the general proposition that ..
Category: Property Law | Date: | Hits: 54
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
.... 6. In view of the above, no useful purpose other than what has been held by the High Court Division on merit would be served by remanding the case to the Court of Settlement to decide the matter afresh and would obviously cause delay to the prejudice to the parties. The ...... any notice on the petitioner for surrendering possession claiming the house as an abandoned property respondent No.1 petitioner has acted illegally including the house in the aforesaid gazette. An application before the Court of Settlement in the aforesaid case was however rejected by the two m..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......pletion of three years of service he was eligible to be promoted to the rank of Assistant Commissioner of Taxes but he was not promoted. That is the cause of action of respondent No. 1 to file the application before the Administrative Tribunal. His further case is that according to the recruitme..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... the respondents were appointed on 30-7-2000 as Superintendent, Shulka, Excise and VAT Commissioner, Chittagong, and against that order they moved the Administrative Tribunal wherein they filed an application praying for an order of stay but failed there. Then they filed Writ Petition Nos. 4165 ..Category: Employment/Service Law | Date: | Hits: 57
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....n of the petitioner. Respondent No. 9 got himself impleaded in the writ petition and supported the writ petitioner contending that after opening of the price bid of the technically responsive bidders fresh declaration declaring the petitioner responsive was contrary to the terms and conditions of th......l bid as well as the price bid of the petitioner for evaluation and the same, as submitted by the learned the petitioner, has already been done. 7. The Chittagong Port Authority later on filed an application with the prayer for dismissal of the leave petition for non prosecution and this Divisio..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......1 of 1995 discharging the Rule which was obtained the against the order No. 15 dated 22nd February, 1995 of the learned District Judge, Jhenaidha in Miscellaneous Appeal No. 54 of 1985 allowing an application under Order 1 rule 10 of the Code of Civil Procedure (CPC) and thereby adding one Khand..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....ame submitted charge-sheet against the petitioner. The petitioner was found absconding. Thereafter, a charge was framed against the petitioner in his absence but subsequently he was arrested and a fresh charge was framed which was read over to the petitioner to which he pleaded not guilty and cl...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....g the same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh evidence by the plaintiffs which opportunity cannot be granted to them to the prejudice of the......ted to consider the submission of the learned Advocate appearing for the appellants that the High Court Division acted illegally in not deciding the appeal on merit and allowing the same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......ming US$ 16,23,628 equivalent to Taka 9 crore as compensation for damages suffered when defendant-respondent Nos. 1 and 2 supplied, sub-standard quality and damaged fabric. The petitioner filed an application for attachment before judgment under Order XXXVIII rule 5 of the Code of Civil Procedur..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......ity and irregularity in conducting the election are the subject matter of inquiry by the in committee. The provision of Article 9 1A of the Representation of the People Order 1972 has no manner of application in respect of any dispute other than pre poll irregularities and, as such, the Election..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......ng the issue of lifting of the corporate veil. This doctrine is applicable to cases of fraud or where in war time a company is, in fact, owned or controlled by the enemy state. This doctrine has no application. At the time of incorporation of the Bank as well as of the society every thing was di..Category: Constitutional Law | Date: | Hits: 199
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......A (2) of the Income Tax Act 1922 to appeal against its common judgment dated 2-6-1991 delivered on reference made by the Deputy Commissioner of Taxes under section 66 of the Income Tax Act 1922 in application Nos. 1, 2 and 3 of 1984. The High Court Division was required to answer the following q..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no ground of review and if it be allowed to do then the scope of appeal would..Category: Employment/Service Law | Date: | Hits: 83
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
....ral and, as such, he could not file the revisional application. Subsequently, after transfer of Mr Hasan to Jessore Bench Sajjad Ali Chowdhury was appointed as Assistant Attorney General who wanted a fresh Vokalatnama which was sent to him on 11-7-1989 and then the revisional application was filed o......985 of the Court of the District Judge, Thakurgaon. The learned District Judge by his judgment dated 11-8-1985 allowed the appeal and decreed the suit. Thereafter respondent No.1 preferred revisional application under section 115(1) of the Code of Civil Procedure before the High Court Division, Rang..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... Directors. 22. He thereafter filed a case before the Administrative Tribunal. The Tribunal though found him guilty but held the punishment of dismissal to be illegal and thus allowed the application in part setting aside the order of dismissal and substituting the said punishment with ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......llip;……..(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......g 50% of the decretal amount and without filing an appeal, the petitioner filed Writ-petition before the High Court Division and the learned Judges of the High Court Division summarily rejected the application. 5. Mr. Md. Nowab Ali, the learned Advocate-on-Record for the petitioner therefo..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......stion arose as to the meaning of the word residence. The case pertained to the grant of stage carriage permits in the State of Uttar Pradesh. There being vacancy in the three permits in the route, applications were invited for allotting the three permits. 13. Section 45 of the Motor Vehic..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
.... the Superior Court on consideration of the material evidence. So, no error was committed by the High Court Division in not sending back the Appeal to the Arbitration Appellate Tribunal for disposal afresh. The Appeal is dismissed…………(11 & 12) Lawyers Involved: Mvi. Md. Wahidulla...... Judgment Md. Ruhul Amin J.- The appeal by leave is against the judgment dated May 28, 1998 of the High Court Division in Civil Revision No.364 of 1996 making the Rule absolute. The revisional application was filed against the judgment and order dated November 13, 1995 of the Arbitration Appe..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....ce on 5.4.1999. Thereafter the Government invoking the provision of Rule 11 (3) of the Government Servant's (Discipline and Appeal) Rules 1985 placed the respondent under suspension and commenced a fresh proceeding with a view to holding an inquiry on the charges as per Government order as contai......pellate Tribunal in Miscellaneous Appeal No.1 of 2000 allowing the appeal on contest against the order No.3 dated 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's rein..Category: Administrative Law | Date: | Hits: 124
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