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Displaying 1981-2000 of 2569 results.
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... and 2 by filing joint written statement denying the material averments made in the plaint taking the general pleas that the suit as framed was not maintainable and the plaintiffs have no cause of action to file the suit. The case of the contesting defendants was that defendant No. 1 took settle..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ommissioner directed the Board to make direction to the appellants to transfer the remaining land and this order was made by the Additional Deputy Commissioner (Revenue) upon the view that the transaction between the parties was usufructuary mortgage. Against the aforesaid judgment and order of t..Category: Procedural Law | Date: | Hits: 75
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......igence another civil proceeding, whether in a court of first instance or in a court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction, or other cau..Category: Procedural Law | Date: | Hits: 112
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......lic purpose or not. Having observed thus the learned Single Judge expressed the view that "the court has unfettered jurisdiction to entertain a suit in spite of such bar to enquire into whether the actions taken are in conformity with law" and concluded that in the plaint no such case have been ..Category: Property Law | Date: | Hits: 55
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......towards the Plaintiff Bank and admission of such liability burdens the defendant to the agreed amount of money. In the manner aforesaid if defendant no. 2 committed fraud on the defendant Company, actions must have been taken by the Managing Director for committing fraud upon it. Nobody can take..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... the same has been enlisted in 'ka' list of the abandoned properties when a suit for specific performance of contract was pending in violation of Section 5 of the Ordinance 54 of 1985 and as such the action of the respondent No.1 in the matter of enlistment is found ex facie illegal." 10. Leave ..Category: Property Law | Date: | Hits: 40
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......default of payment of fine "as is authorised by law in case of such default". Section 386(1) Cr.P.C. specifically empowers a Court which has passed a sentence of fine to take appropriate action for recovery of the fines. It is quoted below; "386. (1) Whenever an offend..Category: Criminal Law | Date: | Hits: 39
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....of the prayer made originally in the plaint as above-mentioned by the prayer made in the petition for amendment does not in our opinion, lead to any appreciable change in the character of the suit. Cause of action arose on 22 April 1967 and the suit was filed on 13 December, 1967. Since the reli......yer made originally in the plaint as above-mentioned by the prayer made in the petition for amendment does not in our opinion, lead to any appreciable change in the character of the suit. Cause of action arose on 22 April 1967 and the suit was filed on 13 December, 1967. Since the relief prayed ..Category: Property Law | Date: | Hits: 38
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......anuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the victim told Mohar Ali that action against above accuseds would be taken on the following day and the accuseds, who at that ti..Category: Criminal Law | Date: | Hits: 38
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......ers made several representations to grant pension to them but without any result. Finally, the petitioner served notice upon respondent No.2 demanding justice. Though the notice was duly served no action was taken. The petitioner completed pension able service under respondent No.2 and he is leg..Category: Employment/Service Law | Date: | Hits: 92
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... Teachers and Officers of the University and as such the question of violation of the said provision by the University authority does not arise. The learned Counsel further submitted that the action having been taken against the plaintiff-respondent under the Dhaka University Employees..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......al averments made in the plaint and contending, inter alia, that the suit is not maintainable and the same is bad for defect of parties as well as is barred by limitation and there is no cause of action, that Khemankari Devi, the original owner of 1.15 acres of land of Plot No. 685 settled. 61..Category: Property Law | Date: | Hits: 45
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ant papers and documents upon which the Enquiry Officer relied and such an opinion of the TCB authority, in the view of the High Court Division, is not a "lawful opinion" and as such the action taken against the plaintiff cannot be treated as a "legal action". Ultimately the ..Category: Employment/Service Law | Date: | Hits: 69
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......at the learned Assistant judge while rejecting the earlier application of the defendant under Order 7 Rule 11 of the Code of Civil Procedure held that evidence is required to determine the cause of action of the filing of the suit and the said decision having been affirmed by the High Court Divi..Category: Property Law | Date: | Hits: 39
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ...... the High Court Division themselves that the IRO Case was incompetent inasmuch as no industrial dispute had been in existence at me relevant time which could enable respondent No. 2 to maintain an action under the IRO the learned Judges were justified in folding that the termination in ques..Category: Labour and Industrial Law | Date: | Hits: 105
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......igh Court Division committed an error of law in holding that the suit of the plaintiff appellant was barred by limitation for not filing in time upon an erroneous view that the words "suit or action" mean one and the same thing relying on some decisions which are not applicable to the ..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ...... defined in 56 of the Contract Act applied in the present case. It also held that the unilateral termination of the lease in favour of Abul Hashem Khan without giving any notice was a new cause of action for filling Writ Petition No. 588 of 200. The High Court Division therefore was of the view ..Category: Property Law | Date: | Hits: 30
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no power has yet been given to enable one distinct cause of action to be substituted for another, nor to change by means of amendment the subject matter of th..Category: Property Law | Date: | Hits: 56
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......ule absolute and thereupon directing the Customs authority to return the Bank guarantee furnished by the writ petitioner, herein the respondent. 2. The writ petition was filed impugning the action of the Customs authority in assessing customs duty and other rates on the imported goods on ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......apers on record. 9. It appears that the High Court Division correctly found that the suit in question is maintainable under Order 1 Rule 1 of the Code of Civil Procedure as the plaintiffs cause of action arose from the same transaction. 10. It further appears that the High Court Division cor..Category: Property Law | Date: | Hits: 37
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