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Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
.... was informed of the restoration after about 8(eight) months. Considering the above position, we are of the view that the learned Additional District Judge rightly allowed the appeal. On the other hand, the learned Single Judge did not consider the above legal position while making the Rule abso......tioners were aware of the restoration of the suit after the Misc. Case filed under Order 9, Rule 4 was allowed and the learned Advocate for the defendants were informed of the restoration. Moreover, he has argued that after restoration "Hazira" was filed on behalf of the defen......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)
.... M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Pet......and documentary evidence, mentioned earlier, held that the tenancy in question had stood terminated on the expiry of chaitra, 1391 B.S. upon due service of notice under section 106 T. P. Act. Moreover in view of the evidence of P. Ws. 1 and 2 and the documents like postal receipts Ext. 5 and 5......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)
.... suit on the grounds of default without reversing the finding of bonafide requirement 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......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. ..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....e legal 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 petition...... 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 ......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. ..Category: Employment/Service Law | Date: | Hits: 81
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....h Roy Choudhury 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 - F......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(...... 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
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....ff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 and 5 on the other hand is not an exchange deed but an out and out sale d......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....revented from doing so. It is well recognized that a suit for injunction could be converted into a suit for possession, if the plaintiff apprehends about his relief of injunction. The case on hand cannot be said to be different principle. The plaintiff herein really asks for possession of h......application for amendment of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed share in the ......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
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....ision in 51 DLR (AD) 40 appears to us to be not correctly decided due to the failure of the then Attorney General to point out the distinction between 42 DLR (AD) 167 and 48 DLR (AD) 199 on the one hand and the case of Mustafizur Rahman on the other. Even he failed to bring to our notice the cas...... 2007. Cases Referred to- Collector of Customs Vs. A. Hannan42 DLR (AD) 167; Collector of Customs Vs. Ahmed Hossain and 39 others 48 DLR (AD) 1995; BLC (AD) 13; Mostafizur Rahman Vs. Government of Bangladesh and 6 others51 DLR (AD); Bangladesh and others Vs. Mizanur Rahman 52 DLR (...... 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: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....of gift away 0.50 acre of property if the place for proposed construction of Dohakul Union Parishad is selected at Brahampur Mouza near Brahampur Bazar on a non-judicial stamp of Tk. 150/- and handed over the said document to the Chairman of Union Parishad in presence of the witnesses on 17...... Md. Joynul Abedin J Md. Jamiruddin Biswas……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent ......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)
....at after disposal of those suits if the plaintiff would pay Tk.4,02,5 1,000/- excluding the earnest money then the defendant No.1 would execute and register the said safkabala deeds and would also handover possession of the said excluded property, the plaintiff after receiving the letter of......ynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited …………………………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment O......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
Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)
.... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ...... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ......bahi Officer, Dohar, Dhaka, has filed the petition for leave to appeal. 4. The learned counsel appearing for the petitioner has submitted that the direction will work harsh upon the internal management of the School concerned. He further submits that the High Court Division by the order so..Category: Civil Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....ourt Division did not appreciate that the miscellaneous case was filed within 30 days from the date of knowledge of the ex parte decree and the High Court Division did not appreciate that a malicious hand had been working against the Government so that the suit could be heard ex parte and the Govern......ion be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Simon Singh Vs. State, 2008, 37 CLC (AD)
....e in record, the prosecution found to have proved its case by natural witnesses including the persons, who caught him at the place of occurrence including the person who sustained 'chura' blow at the hand of the petitioner during the occurrence. 13. Considering all these facts and circumstances o......came to the file of the learned Sessions Judge, Sylhet, who on the basis of materials available on record, framed charge against the accused-petitioner under Section 302 of the Penal Code and read it over to the accused on dock, who pleaded not guilty and demanded trial. 6. The prosecution examin...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....starts as, "You all retrenched officials of Family Planning Education Project it is not the Governments case that the respondent and others were retrenched from their Jobs/office. On the other hand, the Government on more than one occasion treated them as surplus public servants" ......ty Attorney General that certain relevant documents which were produced then could not be produced in the Tribunals below through inadvertence. He submitted that had all these documents which are Government's orders and memos issued from time to time were considered by the Tribunals below then t......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....vision but deciding the application on a consideration not provided by law. 9. Dr. Kamal Hossain, the learned Senior Counsel, appearing for the plaintiff-respondent No.2, on other hand contended that the Govt. of Bangladesh, Bangladesh Bank, Liquidator and the Joint Liquidator o......desh of Bank of Credit and Commerce Industries hereinafter be called BCCI were vested in the petitioner after reduction and adjustment, and subject to the terms and conditions of the Scheme or the Government order. According to the Scheme, the petitioner succeeded only to the liabilities of BCCI......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....No. 45 of 1995 stating, inter alia, that while serving as Bench Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allegations that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also fai......also Reported in: 1 ADC (2004) 562. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....e Engineering Trade of Pakistan Ordnance Factory on 10.2.70 came to his home by taking 38 days earned leave from 10.5.71 to 16.6.71 and he never participated in the liberation war and on the other hand after expiry of leave, he prayed for extension of his leave on medical ground by sending lette......prayed for extension of his leave on medical ground by sending letters and telegram and also prayed for allowing him to join in the Ordnance Factory at Gazipur by expressing his allegiance to the Government of Pakistan and further, the father of respondent No.1 also sent petition seeking mercy o......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....te in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under Section 372 of the Succession Act. 2. The case of the appellant in short is that one Haladhar Chandra Dey, the proprietor of M/S. H. Dey Jewellers, a Jewellery shop situated in Khulna died ...... (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. C......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyer...... the death certificates of Sabitri (Ext. Uma) and the khatian (Ext. Ga) issued upon cancellation of mutation of the name of the plaintiffs' predecessor in Mutation Case No. 83 of 1957-58 after over 30 years of such mutation and the last submission that the learned Single Judge of the High C...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Yo...... 1994. the plaintiffs terminated the tenancy by serving notice under section 106 of the Transfer of Property Act effective from September 1994 and requested the defendants to hand over vacant possession of the premises but they failed. 3. The defendants contested the sui......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
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