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Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....udulent and not binding upon the plaintiff stating that unless the amendment sought for is allowed the suit would be rendered not maintainable and would be an stumbling block in the matter of passing any decree for declaration of title and partition. 6. The learned Subordinate Judge by his ......laration of title upon declaration that the decree for permanent injunction obtained on Other Suit No. 26 of 1983 is void, fraudulent and not binding. 9. An amendment 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 ju......itle upon declaration that the decree for permanent injunction obtained on Other Suit No. 26 of 1983 is void, fraudulent and not binding. 9. An amendment 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 necess..Category: Procedural Law | Date: | Hits: 38
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....iminal case, being Sessions Case No. 303 of 1983, however ended in an acquittal of the accused persons by the 1st Court of Assistant Sessions Judge, Khulna by judgment and order dated 30-3-85. As many as 15 accused persons, the plaintiff not being one of them, were acquitted of the charge under ......eously by the High Court Division. 15. Mr. Abdur Rab-I, learned Advocate-on-Record for the plaintiff-respondent submits now, which was never the case of the plaintiff-respondent at any stage, that in the second show cause notice dated 26-12-82 the TCB authority stated a certain charg......ng its own finding for that of the defendant-appellate which was wholly uncalled for and without jurisdiction. The High Court Division not having found any illegality or irregularity in the in the proceeding which ended in the removal of the plaintiff from service has erred in law in settin..Category: Employment/Service Law | Date: | Hits: 69
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....he used to live with her husband. 4. The trial court decreed the suit upon findings that the plaintiff was able to prove his title and possession and that the defendants could not prove any. 5. The defendants then took an appeal being Other Class Appeal No. 167 of 1985 to the D...... further evidence 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 ......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
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....it No. 131 of 1994 in the Court of Senior Assistant Judge, Keranigonj for permanent injunction against the present respondents as defendants so as to prevent the said defendants from creating any obstacle in the possession of the plaintiffs in the aforesaid plot No. 759 comprising an area o......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. ......ticed, became successful. The learned Judge of the High Court Division allowed the application upon the view that "at least two suit plots in the above two suits are the same and in two courts proceeding are pending and to avoid conflict of judgments and to avoid possibility of multiplicity ..Category: Property Law | Date: | Hits: 27
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....sideration; that provisions of section 338 of the Code of Criminal Procedure have not been legally complied with and the High Court Division failed to consider the evidence of the approver without any independent corroboration in view of the provisions of section 114(b) of the Evidence Act and a......natural presumption is they did not see the occurrence. 18. Now there remains only the evidence of the approver witness (P.W. 20) on record. We have already indicated that P.W. 20 at a later stage of trial claiming himself as bodyguard of accused Ershad Sikder made judicial confessio...... 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
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....as default for payment of rent for the months of December 1990 and January 1991 to March, 1991. He further submits that the dispute regarding genuineness of Challan Ext. G-9 having not been raised in any form before S.C.C. Judge, the learned Judge of the High Court Division was wrong to direct reman......le reason that neither from the affidavit-in-opposition of the respondent filed in the High Court Division nor from its judgment such plea is fund to have been raised and decided. At this appellate stage we cannot allow such plea. Purchase of possession of a shop room cannot be equated with purcha......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
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....nd Acquisition Officer, Dhaka for compensation in respect of plot Nos. 1266, 1345 and 1362 alleging that although the real owners were in possession and enjoyment of the lands, they were not given any compensation as the officials of the Deptt. rejected their claim and the papers on which the cl...... 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. ......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. 8. The acquisition proceeding was completed and notified in the Gazette under section 5(7) of the Act on II October 19..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....rned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit stating inter alia, that the plaintiff is a private limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power D......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." ......hereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone, volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer allege that by reason of the provisions of Exclusion as above any los..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
..... The High Court Division was of the view that as the entire lease money was paid long before by the predecessor of respondent Nos. 1-7 Abul Hashem Khan the termination of the lease without giving any notice was ipso facto illegal, as permanent right had been accrued in favour of the said respo......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. ......r restoration of the suit being pending on 6.2.2000, Writ Petition No. 588 of 2000 was not maintainable, being barred under rule 9(1) of Order IX of the Code of Civil Procedure, writ being a civil proceeding vide 1970 PLD (SC) page 1. Writ Petition No. 322 of 1977 having been finally disposed of..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....Dhaka variously under sections 409, 477A and 201 of the Penal Code and under section 282 of the Companies Act against the accused petitioner alleging misappropriation of various sums of a company named M/S. Master Industries Ltd., falsification of accounts thereof and filing false return an...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......Revision No. 104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal Procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complai..Category: Criminal Law | Date: | Hits: 40
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....amendment necessary for the purpose of determining the real question in controversy between the parties shall be made. Order VI rule 17 C.P.C. provides as follows: 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner ......dment necessary for the purpose of determining the real question in controversy between the parties shall be made. Order VI rule 17 C.P.C. provides as follows: 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner and ......ommittee Vs. O. R. Chowdhury, 31 DLR (AD) (1979) 133 this Court has laid down: "it is now well-settled that the amendment of the pleading could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the parties,..Category: Property Law | Date: | Hits: 56
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....wo charge sheets and claimed to be innocent, that the appellant appointed an Inquiry officer to inquire into the charges framed against the Respondent No. 2 but the Inquiry Officer did neither held any inquiry of the charges leveled nor examined any witness to prove the charges leveled against R......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. ......ith a fine of Tk. 5 lakhs in default to suffer simple imprisonment for further 5 years was not brought to the notice to the High Court Division and that the basis of allegation in the departmental proceeding was the same as in the criminal case and as such whatever may have been the irregularity..Category: Labour and Industrial Law | Date: | Hits: 79
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
.... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited …………………………... Pet......spect of the properties and though this is discretionary power and this discretionary power cannot be exercised by the defendants after the confirmation of sale by the defendants and the said stage of cancellation had been over when the said cancellation letter was issued; that th......case, the Court would have been in a position to decide whether the plaintiff had suffered any loss for the acts of the defendants in finalizing the transaction. The plaintiff instead of proceeding as such exercised it discretion unilaterally leaving nothing for the Court to decide ove..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....ted correspondence and request of the plaintiffs the defendants did not release the suit property in favour of them, rather they were advised to file suit in the civil Court and if the plaintiffs get any decree from the civil Court then the defendants will release the suit property in favour of the ...... Government represents the "collective cause of the community" or that the delay is not deliberate and the explanation offered reasonable or when in the decision process file does not move through stage (s) which has nothing to do in the matter of decision making, or the file was not referred to......ring on merit. 9. It was noted in the leave granting order that the suit in the civil Court was barred under Section 14A of the (Emergency) Requisition of Property Act, 1948 and as such the whole proceedings was without jurisdiction. 10. It was also submitted that the petitioner-appellants s..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....called and vacated the ad-interim order passed by the High Court Division in the writ petition. 16. In that state of the matter we called upon the learned Additional Attorney General as to whether any useful purpose would be served in proceeding with hearing of the appeal and thereupon the learne......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......r passed by the High Court Division in the writ petition. 16. In that state of the matter we called upon the learned Additional Attorney General as to whether any useful purpose would be served in proceeding with hearing of the appeal and thereupon the learned Additional Attorney General submitte..Category: Criminal Law | Date: | Hits: 51
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. Lawyers Involved: ......m as parties under Order 1 Rule 10(2) of the Code of Civil Procedure. Before a Court can implead a particular person as a party to a suit, in that situation the Court has to find out at every stage whether the party is a necessary or a proper party. The Govt. of Bangladesh, Bangladesh Bank,......shy;ine P.W. 1. Against the aforesaid order dated 9-5-1999, the appellant moved the High Court Division in Writ Petition No.1762 of 1999 and obtained Rule along with an order of stay of all further proceedings of the aforesaid suit. Thereafter, the High Court Division disposed of the aforesaid wr..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....nt Discipline and Appeal Rules 1985, (Rules) were not followed in the departmental proceeding started against the respondent and the concerned authority, being bent upon to punish the respondent in any way, did not comply with the provisions of Rule 7 but inspite of above the Administrative Tribu......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. .......1996 the Administrative Tribunal dismissed the case ex parte holding that allegations brought against the respondent have been proved in the enquiry and there was no illegality in the departmental proceeding. The respondent then preferred the aforesaid Appeal No. 31 of 1996 and the Administrativ..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.....2.2000 and even then he was not fully cured and could not move from one place to another due to his feeling sicken and there having no other competent person to look after, he was not able to take any step in the above case. Moreover he again being attacked by the same viral hepatitis remained u...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......ers Act, 1974 and then Special Case No. 17 of 1974 was registered against Nikunja Bihari and another under section 25(1) of the Special Powers Act and Nikunja Bihari challenged the validity of the proceeding taken against him in the above Special Tribunal Case No.17 of 1974 as being without any ..Category: Criminal Law | Date: | Hits: 70
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....he learned Additional Attorney General reiterated the submissions made at the time of obtaining leave to appeal before this Division. He further submitted that for lodging an F.I.R. direction from any Court not to speak of the High Court Division is necessary. The aggrieved party is always at li......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ...... were produced in First Miscellaneous Appeal No. 109 of 1996 disposed of by the said Division Bench of the High Court Division and as such section 195(1) (c) Cr.P.C are not applicable and the proceedings under section 476 of the Cr. PC. is unnecessary. 3. The High Court Division havi..Category: Criminal Law | Date: | Hits: 49
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....he writ petition should be disposed of in presence of the petitioner." 3. When the appeal was taken up for hearing both the parties jointly prayed that they would not have any objection if the appeal was allowed without going into merit with an observation that the High ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..Category: Procedural Law | Date: | Hits: 78
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