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Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....de the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Commissioner's Certificate to be a death certificate of defendant No. 1 wrongly directed her to appear in person before the court. 4. Leave was granted to consider ......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Danish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998. Lawyers Inv......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....oreover, the concerned authority did not follow the procedure provided in Article 38(4) of the Dhaka University Order, 1973, (there is no relevancy of the mentioned article which is presumed to be wrongly mentioned in place of mentioning Statute 45(4) of the First Statutes of the Dhaka Universit...... 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. ......Case is also Reported in: II ADC (2005) 334. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... Wahab Mia, the learned Advocate for the appellant submits that the learned Judge of the High Court Division misconceived the facts of the case and the order of the learned Assistant Judge and wrongly set aside the same. The application for setting aside the abatement was filed within 14 da...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. .......Appellant Vs. Begum Shamima Naz Siddique and others..............Respondents Judgment December 7, 1998. Lawyers Involved: M. A. Wahab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. M. Nawab Ali, Adv...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..Category: Property Law | Date: | Hits: 31
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. ......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. ......ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ed, that they filed Miscellaneous Case No. 127 of 1969 under Section 143A of the State Acquisition and Tenancy Act for correction of the S.A. record and got order in their favour and thereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally published in their names, that defendant ..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
.... receive any compensation for acquisition in question, It appears that the learned Judge of the High Court Division upon making out a third case, on consideration of Section 16 of the said Act, has wrongly reversed the decree of the lower appellant court and decreed the suit wrongly holding, int......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297........ of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the petitioner Sharifuddin Chaklader,......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....The appellant Bank took an appeal to the High Court Division, F.A. No. 91 of 1987, against the said decree on the ground that interest on the decretal amount pendente lite and till realization was wrongly refused by the trial Court. By the impugned judgment dated 1-4-90 a Division Bench of the H...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......ellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1927(PC) 1; Jaigobind Singh Vs. Lachmi Narain Ram AIR 1940 (...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....tion 23 of the Non-Agricultural Tenancy Act does not hold good. 7. The High Court Division held that the Courts below upon a misinterpretation of the provisions of the Non-Agricultural Tenancy Act wrongly held that the suit land was not a non-agricultural land. The learned Judge further held that...... Judge of the High Court Division erred in taking into consideration the certified copy of the S.A. record submitted for the first time before the High Court Division where the suit plot has been recorded to be a homestead land and thereby misdirected himself in holding that the suit land being ...... Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat Hossain, Advocate, instructe...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....th the finding of the domestic enquiry committee fixing the liability of the respondent with regard to the value of the misappropriated goods. (iii) That the High Court Division acted wrongly in finding fault with the authority for not verifying the disputed signature of the r......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ...... This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..Category: Employment/Service Law | Date: | Hits: 73
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. ......ns given need not be that of an appellate Court of law disagreeing point wise and reason wise with the findings of a Court of original jurisdiction. It is enough if it appears from the reasons recorded that the punishing authority has based its opposite findings on the materials on record a......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………..........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. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....t know about the hearing of the Rule is not correct. 5. Leave was granted to consider whether the learned Judge of the High Court Division upon an erroneous assumption of the material facts wrongly held that since the appellant's learned Advocate Mr. Abdul Mannan after taking adjourn...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......tafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 1998. Lawyers Involv...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-interest of the defendant Nos. 1-8 who had no interest therein managed to get his name recorded in the relevant S.A. Khatians and this wrong recording had cast a cloud over his titl............................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin,......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....chedule property" including plot No. 759 bearing an area of .35 arces in Mouza Madhyer Char and plot No. 132 bearing an area of .69 arces of Mouza Napladi, and that the S.A. Records were wrongly published. Sometime after filing of the said suit the plaintiff amended the plaint by omitt......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ...... ATM Afazal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ......................s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......d that the evidence of P.W. 17 Md. Rabiul Islam @ Rabi and his wife P.W.19 Shafia Begume cannot be relied upon as because they contradicted each other on material points from their statements recorded under section 161 of the Code of Criminal Procedure. He further submitted that all the acc......ty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......missed the suit with a clear finding that neither of the parties succeeded in proving the settlement from the original owner and without any finding regarding possession although the S.A. khatian stands in the name of Atul @ Arjun and not Manindra. 12. Against the said judgment ..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....Civil Revision No. 1346 of 1993, preferred by the defendant, reversed the decree and dismissed the suit. 5. Leave was granted to consider as to whether the learned Judge of the High Court Division wrongly held that the learned S.C.C Judge had illegally shifted the onus of proof of service of noti......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136....... II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136...Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....ingle Judge did not commit any wrong to send the suit on remand for determining default on fresh evidence and that without framing any issue in respect of bonafide requirement the learned S.C.C Judge wrongly found that the shop rooms required for bonafide purpose by the appellant although the appell......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......s. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..Category: Tenancy Law | Date: | Hits: 172
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....ourt further held that although in view of the provision of Section 19 of the Act no complainant case lies against an order of termination simplicities under Section 25 thereof, the appellant wrongly terminated the service of respondent No. 2 during pendency of the IRO Case and that the app......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. ......and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respondents Judgement August 16, 1998. Lawyers Involved: Sayyid Shahid Hussain, Advocate instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Korban......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. ..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....11 in dispute. After a lengthy discourse without hearing any parties or examining documents or even service of notice upon all the persons affected passed an order that provisional compensation was wrongly awarded and that the appellant was the rightful owner by way of purchase from the purchase......ed upon 27 out of 31 persons concerned till 26.2.1980 when the Additional Land Acquisition Officer heard the matter ex parte. He observed: 'It is found that Umed Ali and Yousuf are recorded purchasers of C.S. Plot No. 1266,1345 and 1362 of mouza Faidabad as in the C.S. Parcha No......J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....Division without taking into consideration the material evidence of unimpeachable nature developed a wholly unsustainable impression that the plaintiff manipulated the evidence to fit its case and wrongly evaluated the case of the respective parties on such wrong impression which has led to wron......Bank to the defendant informing that: Text In Bangla 10. Exhibit 6 is the log book maintained in factory by machine room operators of the date and time of public power failure. It is recorded as on 28.11.88 at 8.35 A.M. but was found by the High Court Division to have been "o......d shall be upon the insured." ......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." ..Category: Civil Law | Date: | Hits: 135
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....panies Act, 1913 and as such it can not be said to be 'body corporate' within the meaning of section 2(b) of the Criminal Law Amendment Act, 1958 as amended in 1978 and that the High Court Division wrongly maintained that the petitioner is a public servant and is liable to be tried by the Sp...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......vision in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ..Category: Criminal Law | Date: | Hits: 40
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