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M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ...... impaired, not totally eliminated. 11. In both the earlier and instant writ petitions "continued ill-health" has been mistakenly equated with "continued illness". A person may suffer from continued illness but it does not necessarily mean that he suffers from cont..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......en under the control, management and supervision of the Government from the date of enactment of P.O. No. 16 of 1972. Subsequently the writ petitioner on the ill advice of some notorious persons created some false, fabricated and collusive papers for the purpose of grabbing the abandon..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......, issued or made, (2) Annulment of any judgment, decision, decree, writ, injunction or order under sub-paragraph (1) shall not disturb or otherwise affect the right or interest of any person in any property which, before the commencement of this Regulation, has been actually a..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......tted that the Code of Civil Procedure is applicable only for a limited purpose as provided under section 38 of the Waqf Ordinance and for no cither purpose. He further submits that if any person is aggrieved by any order of the administrator pending any one as Motwalli may prefer a..Category: Trust/Waqf Law | Date: | Hits: 226
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......ttracted. 9. Section 7 of the Union Parishads Ordinance, 1983 reads as follows:- "7. Qualifications and disqualifications of Chairman and members of Union Parishads.- (1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and t..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......cing them there under to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment for three years more and also convicted four other-persons under different sections. 2. The facts of the case, in short, are that Md. Idris Ali..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......ection (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and has vested in the Government as such, section 7 provides that a person claiming any right or interest in any such building may make an application to the Court of ..Category: Property Law | Date: | Hits: 30
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......om the college by a resolution of the Governing Body. A notification dated 20.05.2002 was sent from the National University informing the College authority that an Inspection Team comprising three persons would visit the college on 29.05.2002 to ascertain the academic, administrative and over al..Category: Employment/Service Law | Date: | Hits: 74
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......ned in the Act the courts adopted Stephen’s definition of confession given in his Digest of the Law of Evidence. According to his definition confession is an admission made at any time by the person charged with crime stating or suggesting the inference that he committed a crime. ..Category: Criminal Law | Date: | Hits: 58
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......rdinarily reside cannot be treated as proper and due service upon her. 12. Order V Rule 17 of the Code of Civil Procedure provides that, "where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the serving officer, after using ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......other plots by notification No. 3125 dated 13.04.1955 and the Collector of Dhaka was appointed as forest Settlement Officer. As per provision of Forest Act objections were invited from the interested persons within 90 days but neither the plaintiffs or anybody raised any objection as they had no tit..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... he had not availed of such leave on medical ground. Moreover, it appears that on receipt of the grievance notice under Section 25 of the Act the mill authority asked Respondent No. 2 to appear in person before them but he did not avail of that opportunity. Besides, in the discharge order t..Category: Employment/Service Law | Date: | Hits: 100
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....f the Janata Bank, Principal Branch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of the Inquiry Officer, the show cause notices and the order of dismissal were issued under the signature ......to him a written statement of his defence and to show cause at the same time why the penalty proposed to be imposed on him should not be imposed and also state whether he desires to be heard in person. (b) if the accused so desires, or if the competent authority so d..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......or the appellant submitted that whereabouts of the original lessee, Md. Hasib Khan, was not known after liberation of the country and he also failed to occupy, supervise and manage the property in person and as such it was an abandoned property as contemplated under clause (1) of Article 7 of th..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......ers of injunction and other interlocutory orders, passed in such suits, appeals applications and other legal proceedings shall cease to have any effect and no court shall entertain, and no person shall bring any fresh suit, appeal, application or other legal proceedings in which th..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......estion of availing alternative remedy arises. He further submitted that the High Court Division not only failed to consider that the passport was impounded on an illegal order passed by an authorized person but as well came to a wrong finding that the reason for impounding the passport fits in with ..Category: Constitutional Law | Date: | Hits: 208
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ndent Nos. 1 to 3 moved the Additional Deputy Commissioner (Revenue) who set aside the order of the Board. In the meantime 29 decimals of land was transferred on 8 November, 1983 to some other person and so the Additional Deputy Commissioner directed the Board to make direction to the appell..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......r the suit liable for dismissal on the ground of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding h..Category: Property Law | Date: | Hits: 40
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a conclusion…………………(19) Co..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... Bengal Tenancy Act, 1885 (VIII of 1885), section 22 (1) Doctrine of merger Complete merger is effected when the entire interest of the proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for..Category: Property Law | Date: | Hits: 55
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