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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. ......so 91½ decimals of land out of Schedule Ka; that the plaintiffs are not entitled to get the lands as claimed by them. 4. The trial Court decreed the suit giving the plaintiff a share amounting to 2.82 acres. On appeal by the plaintiff the said Schedule was reduced to 2.01 acre by t......although such respondents or parties may not have filed any appeal or objection." Illustration appended to the Rule highlights the point: "A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X, X app..Category: Property Law | Date: | Hits: 38
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......o divorce her. The accused petitioner No.1, after the abortion, was living with her and took Tk. 10,90,590/- from her father. The accused petitioner No. 1 left for Australia with the aforesaid money and further demanded and took Tk. 5,00,000/- from her father. Thereafter the accused No.1 aga..Category: Criminal Law | Date: | Hits: 45
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ...... Miah are closely related. On 12.10.2001 accused Chan Miah asked the Sohel (since deceased) to go to his father-in-law's house at Akhaura in the district of Brahmanbaria where he will be paid some amount due to him and also aluminium cutting machine, belonging to him. Ultimately Sohel (now decea......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......t they have been running their "Maxi Service" obtaining oral permission and also with the consent of the District Administration providing improved service to all classes of passengers investing huge amount of money for buying the vehicles etc.
4. The trial Court rejected the application by judg......e been running their "Maxi Service" obtaining oral permission and also with the consent of the District Administration providing improved service to all classes of passengers investing huge amount of money for buying the vehicles etc.
4. The trial Court rejected the application by judgment and o..
Category: Civil Law | Date: | Hits: 118
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. ......fficers and employees serving under respondent No.2 were absorbed in the service of newly established River Research Institute: The Respondent No.2, Water Development Board, decided to transfer all amounts deposited by the petitioner and other ex-employees of respondent No.2 to respondent No......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. ..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ......he SRO in respect of Winia Brand, Model WAPA 712G, Air Conditioner and if the impugned order of the High Court Division is complied with, the government will be deprived of a huge amount of government revenue. 5. We have heard the learned Advocate for the petitioners and...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
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. ......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. ......leaving behind the pre-emptor and the vendor as heirs; that the vendor namely, Most. Kachuron Bibi sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acres of land out of the ca..Category: Property Law | Date: | Hits: 33
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......, stating, that to meet the cost of treatment, the plaintiff sold the land in question in favour of defendant No. 1 and the deed was executed and registered on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed ..Category: Procedural Law | Date: | Hits: 77
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. ......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. ......fendant promised to marry her. But the defendant's parent being not agreeable to their marriage the defendant himself had taken the initiative and married her on 2nd Agrahayan, 1395 B.S. at a dower money of Tk. 1,00,001/- of which 50% was prompt dower. The defendant also promised to pay her Tk. ..Category: Family Law | Date: | Hits: 180
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....ereinafter referred to as "the Second Statute of the University") framed under the Dhaka University Ordinance, 9161 (East Pakistan Ordinance No. XXIII of 1961) which stood repealed as a whole by P.O. No. 11 of 1973. 3. Relevant facts in short are as follows:- ......bunal, terminate the appointment of a teacher/officer who on being asked in writing fails resume his duties in the University within a to specified date but such termination shall not amount to dismissal or penalty within the meanings of this Statute or article 56 of the Order. Thi...... 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
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......and inconvenience for granting temporary injunction was also against the plaintiff in as much as no irreparable loss or injury would be suffered by him, which cannot be compensated in terms of money. 6. Mr. Mahbubey Alam, the learned Additional Attorney General, submits that the learn..Category: Property Law | Date: | Hits: 34
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......nt in this appeal where in the leave was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal amount of Tk. 2,24,72,280/- to the plaintiff but by the decree the appellant has been illegally sadd......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
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. ......ff 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 till realization of the decretal amount. 2. The appellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Tit......ppellant 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 interest..Category: Property Law | Date: | Hits: 28
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... the alternative remedy provided under section 194 of the Customs Act, 1969 is not an equally efficacious remedy under Article 102(2) of our constitution because it stipulated deposit of 50% of the amount of penalty or the duty demanded as condition precedent. Subsequently this view was modified......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
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. ......dence for one of the two causes specified in the rule. None of these requisites was fulfilled in this case. To permit the defendants to adduce additional evidence at the appellate stage would only amount to giving them an opportunity to fish out evidence in order to prove their case and make up ......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
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......lenge the order passed in the review though the order of review merged with the order passed in the Misc. Appeal. Leave was also granted to consider whether the order passed by the appellate court amounts to condonation of delay and the learned Single Judge fell in an error of law in reversing t......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ..Category: Civil Law | Date: | Hits: 72
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 judgment and decree of the trial court are restored. Ed. This Case is also Reported in: 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.......aishak, 1389 B.S. and since thereafter he started depositing rent in the court of House Rent Controller in House Rent Control Case No. 55 of 1982, but due to inadvertance he had failed to deposit the money-order fees along with the monthly rent as such the House Rent Control Case was dismissed on 26..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 without any order as to costs. 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. ......ment made by the learned S.C.C. Judge. 8. Mr. Mahmudul Islam, the learned Advocate for the respondent, on the other hand, submitted that on refusal by the appellant to accept the rent sent through money order for the months of December 1990 and January 1991 on 13.1.1991 the respondents were not d..Category: Tenancy Law | Date: | Hits: 172
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. ......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. ......e concerned authority reinstated him on 6.9.77. Again he was terminated from service on 9.3.88 but in view of his representation the same was withdrawn on 12.4.89 subject to the condition that the money he had received on account of termination benefit should be refunded. Accordingly he refunded..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. ......ncerned were to be informed. 7. Accordingly, a provisional compensation was assessed at Tk. 4,47,214.90 on 6 March 1980. But before it was made final the appellant received almost the entire amount towards the compensation till 1 December 1984, leaving a balance of Tk. 1,064.90 only. ......registered kabala Nos. 22712, 22689, 22635 dated 31 October 1978 had purchased disputed lands and on the basis of such purchase he had prayed for compensation. But a long time ago the compensation money for the lands had got distributed. 4. On 21 June 1979 the appellant made yet another a..Category: Property Law | Date: | Hits: 28
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