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Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat Hossain, Advocate, instructe......No. 2 thereat ended to dispossess her from the suit 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, in..Category: Tenancy Law | Date: | Hits: 163
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. ...... This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ...... (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 witnesses before the domestic enquiry committee. (iv) That the High Cour..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………..........he TCB godown then it will be presumed that he had not misappropriated the milk food in question and that he would be entitled to the reliefs as prayed for. Then the trial Court discussed the evidence on record and came to the conclusion that the plaintiff failed to prove that there was any..Category: Employment/Service Law | Date: | Hits: 69
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. ............................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin,......auia and also thirteen pieces of rent receipts to show their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said documents as additional evidence. The learned District Judge rejected the prayer for acceptance of the additional evi..Category: Procedural Law | Date: | Hits: 63
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... 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. ......ty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... granted to consider the submissions that the approver witness (P.W.20, Nur Alam) being an accused of 23 cases and having been given assurance that he would be acquitted in all the cases, his evidence should be left out of consideration; that provisions of section 338 of the Code of Crimina..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......aid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......nsel, appearing for the appellant, contends that the learned Assistant judge while rejecting the earlier application of the defendant under Order 7 Rule 11 of the Code of Civil Procedure held that evidence is required to determine the cause of action of the filing of the suit and the said decisi..Category: Property Law | Date: | Hits: 39
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......inable in that the same is based upon a total non-consideration, not only of the findings and reasons of the courts below not to speak of reversing them, and also of the oral and documentary evidence on record. He submits that the High Court Division exceeded its jurisdiction in se..Category: Property Law | Date: | Hits: 37
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....... II ADC (2005) 136....... others vs. Suresh Chandra Das and others, 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..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. ......s. Ed. This Case is also Reported in: II ADC (2005) 134. ......s of rents in the Court of Rent Controller with his permission. He further submits that the learned Single Judge did not commit any wrong to send the suit on remand for determining default on fresh evidence and that without framing any issue in respect of bonafide requirement the learned S.C.C Jud..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. ......ellant Vs. The Chairman, Second Labour Court and others……...Respondents Judgment August 26, 2003. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. ......ays cannot be accepted. 11. As regards the limitation, Mr. Khondker Mahbubuddin Ahmed has argued that the High Court Division and also the Labour Court failed to take into consideration the evidence of P.W. 1, peon who admitted that the return of service was written under pressure of his ..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. ......and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respondents Judgement August 16, 1998. Lawyers Involved: Sayyid Shahid Hussain, Advocate instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Korban......the IRO, that the complaint case was also not maintainable, in view of the fact that against an order of termination simplicitie no case lies under Section 25 of the Act. 4. Considering the evidence of 1 PW and 4 DWs along with the other documentary evidences the Labour Court dismiss..Category: Labour and Industrial Law | Date: | Hits: 105
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." ......d shall be upon the insured." ......e impugned judgment of the High Court Division allowing appeal in F.A. No. 277 of 1994. The High Court Division, inter alia, found that the plaintiff failed to prove its case by adducing necessary evidence and all the "evidence and materials show and support the case of the defendant that ..Category: Civil Law | Date: | Hits: 135
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. ..........Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh, Advocate-on-Record - For the Appellant. Subrate Chowdhury,......ision's judgment dated 2.12.1999 in Civil Revision No. 182 of 1990 is wrong and perverse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that- (a) Exhibit-"A" registered kabala dat..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....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. ......allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......ve 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 admissible and no consideration money was paid. T..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. ......eview petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......udgment of the Court of Settlement which is a well reasoned one and that said judgment was made upon consideration of the facts and circumstances of the case in the background of the papers and the evidence brought on record by the parties. 8. The contention of the learned Additional Attorney G..Category: Property Law | Date: | Hits: 29
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......estored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......dgment and decree of the court of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper judgment upon proper consideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....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. ...... The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ...... worker under the second party as Inspector of advances and he was not an officer under the second party Pubali Bank and hence the Complaint case is quite maintainable, that on perusal of the evidence of P.W.1 and D. W. 1 the Labour Court was of the opinion that witnesses for the prosecutio..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......pondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......een annexed with the leave petition as Annexure-L and further their being no explanation as to why the original deed of conveyance could not be filed, such certified copy is not admissible in evidence for non compliance of the relevant provisions of the Evidence Act in this regard and furth..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......cision. The petition is dismissed. Ed. This Case is also Reported in: ......uilty and claimed to be tried. 4. The defence case is that of innocence and false implication at the instance of unknown enemies of the appellant. 5. The trial Court after recording evidence of 7 (seven) P.Ws. examined the accused persons under section 342 of the Code of Criminal ..Category: Criminal Law | Date: | Hits: 50
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... 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. ....... Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... 7. After close of the prosecution witnesses, the accused on dock was examined under Section 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 8. The defence case as could be gathered from the trend of cross-examination is total d..Category: Criminal Law | Date: | Hits: 47
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