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Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......eave from this Court on the following submissions: "The petitioners now contend that the learned Single Judge of the High Court Division did not consider that the defendant's document was executed earlier than that of the plaintiff and that it was registered at the insta..Category: Property Law | Date: | Hits: 40
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....d subsequently executed a kabinnama, but due to unhealthy pressure put upon him by his relations he falsely denied the marriage. She strongly submits that the High Court Division in the interest of justice has rightly decreed the suit. 9. It appears from the impugned judgment that although the ......ave stated that the courts below based their judgments upon misreading and non consideration of the evidence, yet they failed to lay their hands on any part of the evidence of P.Ws and D.Ws or on any documentary evidence to bring home this error of law on the part of the courts below. Without revers..Category: Family Law | Date: | Hits: 180
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....vocate and that thereafter the case was filed. The learned judge held that non consideration of those important piece of evidence materially affected the merit of the case and occasioned a failure of justice. 3. Leave was granted to consider whether the learned Judge of the High Court Division se......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....against the respondent and that subsequent addition of the ground of 'misconduct' by a belated amendment on 18-2-86 in the removal order had been done in violation of the principle of natural justice. The learned Single Judge of the High Court Division by the impugned judgment held that sub......curred, acquired, appointed, authorized, conferred, created, made, instituted, granted or issued under this Order or the Statutes, University ordainment or Regulations made hereunder and any documents referring to any of the provisions of the said Ordinance, or Statutes, University ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ...... that defendant Nos. 1 and 2 purchased. 10 acre of land from plot No. 685 but they are enjoying and claiming more than their purchased land, that they are trying to create certain ante-dated forged documents in support of their claim and that if the defendant Nos. 1 and 2 submit any such documen..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....suit fisheries. He further submits that the learned Judges in disposing of the appeal neither affirmed nor set aside nor even modified the order appealed against and as such in the interest of justice the impugned judgment is liable to be set aside. 7. Mr. M. Nawab Ali, learned Advoca......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. ..Category: Property Law | Date: | Hits: 34
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
.... rate of 18% till realization. Since the respondents are also obliged to pay the loan taken from the Bank for utilizing the amount in the contract work at the rate of 18% compound interest, ends of justice would be best served if the appellant is directed to pay interest at the rate of 18% in resp......g a loan from and the Bank @ 18% compound interest. The appellant has urged the grant of interest till realization and more so @ 18% as arbitrary. 9. The respondents has referred to two bank documents supported by oral evidence to show that the plaintiff respondent has utilized the amount i..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
..... After a passage of 7 years from the satisfaction of the decree we are not inclined to impose the contractual rate of interest upon the judgment debtor. We are of the opinion that the interest of justice will be served if the defendants are directed to pay interest at the rate of 6% on the...... 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. ..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....rt Division could not seek unconditional apology but after getting proper advice they offered unconditional apology at the earliest opportunity in the High Court Division and this highest seat of justice also, as an attribute of greatness, may be pleased to take pity upon the appellants consider...... 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...Category: Criminal Law | Date: | Hits: 51
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....as no dacoity as alleged and accordingly lodged an F.I.R. against the plaintiff alleging an offence under section 409 of the Penal Code. The plaintiff with a view to misdirecting the course of justice filed an application to the C.I.D. for taking up the investigation on the F.I.R. lodge...... he should not be removed from service for inter alia the alleged misappropriation of the aforesaid DANO milk food. The plaintiff by two letters dated 30-12-82 and 2-1-83 asked for the adverse documents and evidence of witnesses to enable him to reply to the second show cause notice, wh..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....ed a broad-based trust committee and elected the appellant as its Secretary, that since the said property has devolved upon the trust committee 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 ...... 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. ..Category: Property Law | Date: | Hits: 30
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. ...... application for acceptance of the said documents as additional evidence. The learned District Judge rejected the prayer for acceptance of the additional evidence on the grounds that the documents appeared spurious to him and also that the defendants could not prove satisfactory c..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. ......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. ..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....a total misdirection under a misconception of facts and law and for which judgment of he High Court Division is liable to be set aside and the same is set aside. 14. In the interest of justice and equity the learned trial court is directed to decide the suit in accordance with law by......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. ..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. ......nt appellant taking the plea of wrong recording of the suit land in the S.A. Khatian obtained mutation order in his name vide Miscellaneous Case No. 828 of 1983-84 on the basis of a fraudulent document and threatened the plaintiff with dispossession on 5.12.83. Hence the plaintiff filed the ..Category: Property Law | Date: | Hits: 37
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....as raised on this point before the S.C.C. Judge. 7. Mr. Md. Fazlul Karim, learned Advocate for the Appellant submits that the order of remand by the High Court Division has occasioned failure of justice as a long drawn process would be necessary to get the final decree to the prejudice of the a......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
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. ......intainable, 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 dismissed the I.R.O. Case holding, inter alia, that the..Category: Labour and Industrial Law | Date: | Hits: 105
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....pression that the plaintiff manipulated the evidence to fit its case and wrongly evaluated the case of the respective 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 ......that the date or power failure on 27. 11.88 put in the exhibits referred to was made by mistake and inadvertence. There was no scope under Section 92 of the Evidence Act to exclude and override the documentary evidence made at the earliest opportunity from the direct the personal knowledge of the..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... favour of Abul Hashem Khan was illegal in that no notice was given for cancellation as stipulated in the lease. In the absence of such notice the cancellation was illegal as being against natural justice. The relevant portion of the lease agreement dated 20.3.67 between the Government and Abul ......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. ..Category: Property Law | Date: | Hits: 30
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. ......High Court Division'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" registe..Category: Property Law | Date: | Hits: 29
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