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Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....hich corresponded to March, 1948 but the Non-agricultural Tenancy Act, 1949 came into force on 20th October, 1949. As such its application in respect of the suit property does not arise at all. Undisputedly Gopalgonj Pourashav was created in the year 1972. Plaintiff filed the suit in 1968 on t......it land. As a result she filed an absolutely false suit upon creating some ante dated dakhilas. 5. The Trial Court decreed the suit believing 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 another, 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 tendering 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 others, 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 rejecting 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)
....f the respondent with regard to the value of the misappropriated goods. (iii) That the High Court Division acted wrongly in finding fault with the authority for not verifying the disputed signature of the respondent in the indent in question vis-a-vis the evidence of the six w......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
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....ed in the relevant S.A. Khatians and this wrong recording had cast a cloud over his title. 3. The defence set up by the contesting defendant Nos. 1-8, is that they are the owners of the disputed property which was correctly recorded in the S.A. Khatians. Their definite case is to the......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)
....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 judgment 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 submitted 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 without 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 others, 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)
..... In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-66 respecting 46.92 acres of land of Mouza Faydabad including the disputed plot Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1330, 1345, 1362 and 1366 (measuring ......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
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....In C.A. No. 257 of 2001 Bazlur Rahman is appellant and Bushra Complex Ltd. is respondent No. 13. They have been referred to as appellants in this common judgment. 4. The facts are that the disputed plot of land No. 3/1, Block-A, Lalmatia Housing Estate measuring .041/2 acre was allotted ......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..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....mployee of any local authority, statutory corporation or body corporate or of any other body or organization constituted or established under any law;" 9. It is not disputed that the M/S. Master Industries Ltd. is a Private Limited Company established by its spon...... 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..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....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. ......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 ..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....endant preferred the present civil petition for leave to appeal. 5. Leave was granted to consider the submission that the court of appeal below having found that as per recitals in the disputed deed it is a deed of exchange and no oral evidence contrary to the same was admissibl......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
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......side the judgment and order dated October 7, 1987 passed in Settlement Case No. 526 of 1987 (ka-1005 Mirpur Section 1 and 2 ) Holding No. 2-E/5-2 Mirpur, Dhaka. 3. Facts, in short, are that case holding was leased out on October 26, 1962 to one S.K. Rezvi, who died in 1965 leaving behind wife B..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....rom the disputed Plot No. 243 in a partition suit being Title Suit No. 46 of 1954 of the First Court of Subordinate Judge, Dhaka. The plaintiff's father while in possession of his share in the disputed Dag made a gift to the plaintiff of the suit land (.11 decimals) by a registered Hiba-Bil......e and the facts of the case, the impugned judgment of the High Court Division rejecting the prayer for amendment cannot be supported. The High Court Division fell into an error, they submitted, by holding that the nature and character of the suit were changed by making it also a "suit ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......hy;ing the Rule absolute. 2. The short fact leading to this petition is that respondent Mst. Shiuli Begum filed Case No. 16 of 1987 in the Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Governm..Category: Property Law | Date: | Hits: 37
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