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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. ......rnment had no obligation to disclose the basis of treating the property as an abandoned property. Leave was also granted to consider whether the High Court Division fell into an error in holding that the property in question was not an abandoned property without giving any finding as t..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... fresh appreciation of evidence. That is not its funcÂtion in the revisional jurisdiction. 10. The learned Judges of the High Court Division appears to have clearly fallen into an error of law in holding that the alleged kabinnaÂma (not even formally proved and marked exhibit) supports the plai..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....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. ......vision without issuing any Rule in the matter and in absence of the plaintiffs disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Comm..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned disÂtrict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......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..Category: Limitation Law | Date: | Hits: 166
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. ......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 ..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. ......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..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....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....... 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..Category: Tenancy Law | Date: | Hits: 124
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. ......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..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... 4 sons of Nogendra had made the oral gift. 6. The lower Appellant Court on appeal affirmed the decree of the trial court holding, inter alia, that the suit land at the relevant time was not a non-agricultural land and as such the contention of the defendant that the suit is hit by section 107 of......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 ..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and anothÂer, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......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..Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and othÂers, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......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..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....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. ......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..Category: Employment/Service Law | Date: | Hits: 73
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. ......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..Category: Property Law | Date: | Hits: 30
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 27
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgÂment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......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..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....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. ......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..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and othÂers, 2003, 32 CLC (AD)
....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......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 ..Category: Employment/Service Law | Date: | Hits: 81
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. ......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...Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... 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. ......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..Category: Property Law | Date: | Hits: 28
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." ......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..Category: Civil Law | Date: | Hits: 135
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