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Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ...... favour of such a party. The discretionary power cannot be exercised to nullify the effect of the abatement of the appeal safer as the deceased appellant is concerned''. This principle is based on law and there is no question about its soundness inasmuch as exercise of suc......ppeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies shar......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ld that the petitioner is a co-sharer and failed the case within time after performing all within the formalities and allowed pre-emption in favour of the respondent and decided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed...... Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 pass......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ssion on the basis of the deeds of agreement. We find no illegality in the findings of the Court of Settlement or of the High Court Division on the question of possession. We have perused the principle laid down in the case of Buxly Paints Limited Vs. Bangladesh reported in 31 DLR (AD) 266 ...... Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandon...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
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. ......l for holding inquiry against the respondent and that subsequent addition of the ground of 'misconduct' by a belated amendment on 18-2-86 in the removal order had been done in violation of the principle of natural justice. The learned Single Judge of the High Court Division by the impugned ...... No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was for a declaration that the orders dated 3-10-85 and 18-2-86 passed against him removing him fr...... 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
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... 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. ......s held that the position of law prior to 1929 was that the Court could not deprive the mortgagee of the interest agreed upon till the date fixed for redemption. This decision was based on the principle propounded by the Privy Council in the case previously cited at AIR 1927 (PC) 1......ivision in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and t...... 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
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. ......aintiff from service has erred in law in setting aside the decision of the appellant and decreeing the suit thereupon. All the findings made by the High Court Division are contrary to the principles of law which are required to be followed in a case like this. 8. Dr. Rafiqur Rahm......ter overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Daulatpur RS. The plaintiff along with other night guards went to the residence of Senior Officers and informed them about the occurrence whereupon they all came to the place of occurrence. On being asked......ble to prove dacoity. Then what about the exercise made by the punishing authority? Will his finding go in vain? Will the trial Court and on appeal the High Court Division become a fresh arena for determination of facts which were concluded in a domestic tribunal? Will the Civil Court subst..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... 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. ......ation to hold that the learned Judge of the High Court Division upon taking an erroneous assumption of the real facts wrongly passed the impugned judgment. 10. Moreover, it is a well-settled principle of Hindu Law that a Deity has also right of its own to have a suit instituted or defended......y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea...... 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
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. ......o substituted and it is for this reason that courts have never convicted a person simply on the ground that he is unable to explain why the accomplice implicates him. 15. Thus the principle of law is that it is not safe to base conviction on the uncorroborated evidence of the ap......l Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respect of Ershad Sikder and Faruque alias Jamai F...... 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
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. ......ision No. 3152 of 1993 and the High Court Division by judgment and order dated 2.2.1995 set aside the judgment of the learned Assistant Judge holding that the plaintiff's suit was hit by principle of res judicata as the subject matter of the plaintiff's suit was directly and subst......barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. 3. Material facts necessary for disposal of the point raised briefly are that the appellant as the plaintiff instituted the afo......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. ..Category: Property Law | Date: | Hits: 39
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. ......e sale was made to defeat the right of these respondents who were fighting in the courts of law over the disputed land and as such, the purchase by appellant Bushra Complex Ltd. was barred by the principle of lis pendence and it had not acquired any legal right in the disputed land. The High Co......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a......tlement Works (Housing and Planning) Department. The tenant however may remove any goods or things no being part of any building or structures on the demised property within a fortnight of such determination failing which they shall all be forfeited to Government and the tenant shall not be ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......contract to sell the property in question and as such the judgment and order of this Division rejecting the leave petition requires review since the said judgment and order is contrary to the settled principle of law that decree in a suit for specific performance of contract to sell land is not a ba......tition is dismissed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner. Md. Nawab Ali, Advocate-on-Record– for the Respondent No. 1. Not Represented – Respondent No. 2-4. Civil Review Petition No. 49......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
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. ...... 2. Leave was granted to consider whether the High Court Division rightly interfered with the order of the Subordinate Judge allowing amendment of the plaint upon applying the correct principles of law as to amendment of pleadings as provided under Order VI rule 17 of the Code of Ci......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......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. ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......tter in dispute. The direction of the High Court Division to the lower appellate court is to write out a fresh judgment considering the evidence already on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any p......hy;sideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land o......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......hy;ond party was an officer holding managerial as well as supervisory powers, that the judgment of the Labour Court is not sustainable since the same has been made disregarding the established principle that no court shall interfere with the findings of domestic enquiry unless gross illegali......Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labour Court......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ...... which municipal taxes were paid and the appellant bank paid rents etc. to Tahsil Office and also paid urban immovable property tax as well as income tax to the Income Tax Authorities; in terms the principle of promissory estoppel the respondents, being the successors-in-interest of late Md.......te Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin an......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
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: ......goods. 7. The High Court Division rejected the aforesaid contention of the respondent upon observing "the difference in facts would make any difference in the application of the principle which is based on interpretation of section 19 and 30 of the Customs Act" and thereu......ssing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanced tariff value subsequent to the opening of the Letter of Credit by the respondent for importing the goods so assessed. 3. Facts stating which the writ petition was filed in ......ase provisions of sections 18, 19, 25, 30 and 79 of the Customs Act came up for consideration. This Division has observed "As we have stated earlier that section 25(1) of the Act provides for determination of value of imported goods on the basis of normal price and sub-section (7) provides ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......could be solved unjust and arbitrary process adopted the recommendation of respondent No. 4 which was stained with objective standard for determining the proper decision and barred by the principle of estoppel; the respondent No. 1 violated the rule of Business in taking decision withou...... Judgment November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 866 of 2006 (From the judgment and order dated the 25th j April, 20......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ...... 3. The defendant Nos. 1-5 contested the case filing written statement denying the material allegation that the suit is not maintainable in its present form, barred by limitation as well as the principle of estoppel, waiver and acquiescence and further stated that as several suits are pe......Petitioner. T.H. Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos. 1-3. Not represented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of Sep......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......of the High Court Division committed error of law in sending the suit back on remand to the trial court and as such the impugned judgment and order is liable to be set aside, it is the settled principle of law that it is the plaintiffs, who have to prove their case and the plaintiffs cannot ......t Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Si......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......gh Court Division ought not to have made the order of remand suo moto. The learned Counsel further submits that this Division as well as the High Court Division in allowing remand against the settled principle of law as regard remand advanced the cause of the plaintiffs who failed to discharge their...... Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment Md. Ruhul Amin J. - This petition for review has been filed against the judgment dated May 18, 2003 dismissing the Civil Appeal No. 77...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
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