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Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....on under order XLI Rule 19 of the Code of Civil Procedure, Misc. Case No. 1 of 1992, for re-admission of the appeal. The learned District Judge by an order dated 24.5.92 dismissed the said Misc. Case holding, inter alia, that the case was barred by 19 days and that the defendant appellants could not......he Misc. Case was barred by limitation. It furÂther appears that the learned District Judge on consideration of the evidence on record also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident propert..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....uarter and that upon giving him all possible opportunities he was legally removed from service. The Lower appellate Court, however, reversed the decree of the trial Court and decreed the suit holding that for unauthorized occupation the standard rent could be charged against him under the ...... standard rent could be charged against him under the Accommodation Rules of the University. His removal from service on the ground of such unauthorised occupation was not warranted by any law. Moreover, the concerned authority did not follow the procedure provided in Article 38(4) of the Dhaka ..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)
....neither any of the parties in the suit asserting that. 85 acre was acquired, nor the courts below coming to a finding of acquiÂsition of .85 acre, the High Court Division comÂmitted error of law in holding that the vendor of the plaintiffs had no saleable interest upon a misconception that “হà......ow Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of sepÂarate saham upon partition of the property described i..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
.... and they had no locus standi to maintain the present suit for declaration that the tempoÂrary lease granted by the Government to defenÂdant No. 1 is illegal. 4. The trial court decreed the suit holding, inter alia, that although the Government had acquired the suit land in the year 1941 the ph......17 of 1998. (From the Judgment and Order dated 3 February 1994 passed by the High Court Division in Civil Revision No. 1588 of 1989) Judgment Mohammad Abdur Rouf J.- Defendant Nos. 2-5, the Government of Bangladesh and its three officials have preferred this appeal, on leave, from the judgm..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....ecretal 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 High Court Division dismissed the said appeal holding that the commercial Court had exercised its discretion in refusing interest to the pl...... 2. The appellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mortgaged property for a preliminary decree for Tk. 14,00,000/- with..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....it land. As a result she filed an absolutely false suit upon creating some ante dated dakhilas. 5. The Trial Court decreed the suit believÂing the evidence of P.Ws and Ext. 1 series, the dakhilas holding, inter alia, plaintiff’s right, title, interest and possession in the suit land the trial ...... 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
Md. Awlad Hossain and another Vs. Joynab Bibi and anothÂer, 2004, 33 CLC (AD)
....bove review petition before the High Court Division by tenÂdering unqualified apology but the High Court Division, declined to exercise power of review by accepting the unqualified apology as sought holding that unqualified apology was sought at a belated stage and said petition for review also con......Division stating inter alia that she, having obtained a decree in Title Suit No. 808 of 1985 from the Court of 2nd Sub-Ordinate Judge, (Now Joint District Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Executi..Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and othÂers, 2003, 32 CLC (AD)
....ed judgment and order dated March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily rejectÂing of the application under section 115(1) of the Code of Civil Procedure holding that the proposed amendment would change the nature and character of the suit. 2. L......ent may be allowed at any stage of the proceeding to alter or amend the pleading in such manner and on such terms as may be just and necessary for the purpose of determining the real question in controversy between the parties. The trial Court disallowed part of the prayer for amendment on the groun..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....J.- This appeal is directed against the judgment and order dated 12.3.98 of a learned Singled Judge of the High Court Division in Civil Revision No. 3077 of 1995 discharging the Rule and thereby upholding the judgment and decree dated 31.1.95 of the 5th Court of Subordinate Judge, Dhaka passed i......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
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....tee he as the Secretary of the committee for the ends of justice should be made legal representative of the Deities to defend the suit. 3. The trial court rejected the said application holding, inter alia, that the Arpannama does not contain the suit plots. On an appeal, preferred by......ion of case record from Rangpur to Dhaka was given to the opposite party of the Rule i.e. the present appellant. Evidently the learned Judge of the High Court Division failed to consider the uncontroversted assertion of the present appellant as the opposite party in the Rule that he had enga..Category: Property Law | Date: | Hits: 30
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....rdinate Judge, Dhaka on the ground that the matter in issue in the two suits is directly and substantially the same. The learned Assistant judge by his order dated 30.5.95 rejected the application holding that the material issue in the two suits is not directly and substantially the sa......it is pending in the same or any other court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court. 4. For the st..Category: Property Law | Date: | Hits: 27
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....thers, 32 DLR (AD) 170. 6. Mr. Nawab Ali, learned Advocate-on-Record appearing in support of the appeal subÂmitted that the trial Court on consideration of the evidence on record decreed the suit holding, inter alia, that the defendant was monthly tenant under the appellant and that he without t......and documentary evidence, menÂtioned earlier, held that the tenancy in question had stood terminated on the expiry of chaitra, 1391 B.S. upon due service of notice under secÂtion 106 T. P. Act. Moreover in view of the eviÂdence of P. Ws. 1 and 2 and the documents like postal receipts Ext. 5 and 5..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....n brought to the notice of the court below the learned Single Judge fell in error in sending the suit on remand for the issue on default only for payment of rent for the month of January 1996 without holding that already there was default for payment of rent for the months of December 1990 and Janua......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed withÂout any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and othÂers, 2003, 32 CLC (AD)
....d by the appellant on 12.11.94 and as the grievance petition was filed on 6.12.94, the grievance petition was within time and as such the Labour Court and also the High Court Division was wrong in holding that the grievance petition was barred by time. 12. Mr. Abdur Razzak, on the other ...... position. 4. Mr. Abdur Razzak, the learned counsel who appeared on behalf of the respondent No. 2 i.e. Bangladesh Biman Corporation has submitted that though the petitioner was handed over to police at about 9.30 a.m. on 19.10.94, from this it cannot be said that the petitioner was ..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....ted and its Deputy General Manager from the Judgment and order dated 10-3-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2122 of 1995 discharging the Rule Nisi and upholding thereby the decision given on 4.9.95 by the Third Labour Court, Dhaka in Complaint Case No....... that the IRO case itself was not maintainable. The impugned letter of termination does not contain any stigma upon respondent No.2 and on the face of it is a termination simplicities and is well covered by the provision of section 19 of the Act. The termination was not a sequel to any trade uni..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....y the impugned judgment dated 14 August 1996. 13. Being aggrieved the appellant has preferred these two appeals. Leave was granted to consider whether the high Court Division erred in law in holding that the proceeding for arbitration was barred by limitation. 14. Mr. Khandker Mahbub......uring 6.97 acres). Notice under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....parties on such wrong impression which has led to wrong decision and failure of justice. Leave was also granted to consider the submission that the High 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 up...... under two policies. The Deterioration of Stock Policy (DOS Policy) was for Tk. 1,75,00,000/- and the Machinery Break Down Policy (MBD Policy) was for Tk. 30,000,00,00. The policies were taken to cover the risk of loss or deterioration of stock due to incidents including failure of public power ..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....lt and on 6.10.98 when Misc. Case No. 23 of 1998 under Order IX Rule 9 of the Code of Civil Procedure was filed for restoration which was also dismissed on 5.9.89, the High Court Division erred in holding that orders and action by Annexures D, D1 and D2 dated 1.12.97, 10.3.98 and 23.8.98 were ba......rected against the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 making the Rule absolute and directing the respondent No. 8 herein the Government of Bangladesh to deliver possession of the Plot No.3/1, Block-A, Lalmatia Housing Estate ..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & othÂers, 2004, 33 CLC (AD)
.... the Criminal Law Amendment Act, 1958 and if any offence has at all been committed the same is triable by the ordinary Criminal Court. The High Court Division, therefore, committed error of law in holding that the Managing Director or an employee of a Private Company is a public servant wit......tries Ltd. and co-accused Saidul Islam Khan (Tutul) is the accountant of M/S Rahim Metal Industries Ltd., an abandoned property which was purchased by the said M/S. Master Industries Ltd. from the Government. The learned Magistrate after taking cognizance in all the proceedings except the procee..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....istered patta dated 19.11.1940 and the rest having been inherited by the appellant and the entire Khatian was recorded in the name of the appellant, the High Court Division erred in law in not holding that the suit for declaration of title is not maintainable and that Ext. A registered ......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..Category: Property Law | Date: | Hits: 29
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