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Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....g, AIR 1922 PC 249 corresponding to ILR 48 Cal. 832 observed as follows: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to tha......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..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. ......at the decree in the suit for specific performance of contract will show that it has only decided the controversy between the vendor and the vendee and directed the vendor to execute the necessary document in favour of the vendee. Such a decree is not one which is mentioned in proviso (a) t..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ..Category: Civil Law | Date: | Hits: 133
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. ......This Ahmed Bepari on 26.06.1965 sold the suit land to Khairunnessa, the plaintiff and she also proved that she got delivery of possession. She purchased on 26.06.1965 vide Ext. 4 and in that document Jonab Ali son of Nowab Ali, brother of defendants 1-3, Haider Ali son of Jonab Ali an..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
.... the Constitution and as such Labour Court has correctly held that the findings of the Enquiry officer was bad in law, that the way enquiry was held the same offended the principle of natural justice, that Writ-Petitioner has failed to prove that the Respondent No.2 was not a worker. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....een stated that in the circumstances stated above the petitioner Bank could not represent its case in the High Court Division and the Rule was made absolute causing great miscarriage of justice. The impugned judgment and order have been obtained upon practicing fraud on the co......d. Serajuddin and then in reply to their letter dated 28-07-87 requesting for mutating their names, the Ministry of Works by letter dated 2-8-87 directed the said heirs to submit certain papers and documents as mentioned in the above letter dated 2.8.87 for consideration of their reques..Category: Property Law | Date: | Hits: 35
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ...... of property if the place for proposed construction of Dohakul Union Parishad is selected at Brahampur Mouza near Brahampur Bazar on a non-judicial stamp of Tk. 150/- and handed over the said document to the Chairman of Union Parishad in presence of the witnesses on 17.04.2004. The Thana Ni..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....es or not. The doctrine of promissory estoppel need not be inhibited by the same limitation as estoppel in the strict sense of the term. It is an equitable principle evolved by the Courts for doing justice and there is no reason why it should be given only a limited application by way of defence......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....he same. Due to disposal of the case on the ground of limitation the petitioners stand to suffer irreparable loss and injury. The petitioners case stands on good and valid grounds and for the ends of justice the case is required be restored for hearing on merit. The further submission that under sec...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....se would be served in granting leave as against the order of the High Court Division dated October 1, 2007 passed in Criminal Appeal No. 3990 of 2007 in rejecting the prayer for bail and that ends of justice would be served in disposing of the Criminal Petition for Leave to Appeal upon allowing the ......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...Category: Criminal Law | Date: | Hits: 51
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... B. M. Bayezid, the learned Advocate appearing for the petitioner, submits that the High Court Division failed to sift the evidence on record and arrived at a decision which has caused miscarriage of justice. He further submits that the High Court Division did not consider the defence case and as su...... 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. ..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......er dated 28.4.1994 out of which the present appeal by leave has arisen. 6. At the hearing of the leave petition it was submitted by the learned Deputy Attorney General that certain relevant documents which were produced then could not be produced in the Tribunals below through inadvertenc..Category: Employment/Service Law | Date: | Hits: 119
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......inistrative Appellate Tribunal, although the Administrative Tribunal case was filed on 19.2.84 and the same was dismissed on 7.1.93 and as such the Administrative Appellate Tribunal relied on a document which had no evidentiary value in the eye of law. He further submits that there is no evi..Category: Administrative Law | Date: | Hits: 103
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....rough the impugned judgment and order passed by this court and summits, inter alia, that non-consideration of the relevant evidence by this court in passing the judgment has caused a miscarriage of justice and that inconsistency in the evidence of prosecution witnesses has not been considered by......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......amined as many as 5 witnesses and the defence examined none. The learned Magistrate on consideration of the evidence on record convicted the accused Abdul Latif @ Hanif executant of the questioned document and attesting witnesses including the present petitioner under Section 465/109 of the Pena..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....er section 476 of the Cr. PC. is unnecessary. 3. The High Court Division having come to this conclusion however held that the allegation is most serious in nature and the Court must see that justice is done. The Division Bench, therefore, held that the respondents may lodge an F.I.R w......opened on 28.08.1995 at page 479 having Memo Nos. 4783 to 4791 "(Whatever those unintelligible allegations mean) and thus they have committed the offence of forgery with respect to public documents and in order to suppress the said forgery the appellants and respondent No. 3 in col..Category: Criminal Law | Date: | Hits: 49
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
.... as the trial Court did not comply with the order of remand and did not serve any notice to the plaintiff respondent to appear before that court and the Hon'ble High Court Division for the ends of justice passed the order of remand for both the parties and the High Court Division did not commit ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....owed by the High Court Division upon observing since another suit for specific performance of contract in respect of the land which is the subject matter of the Title Suit No. 50 of 1984 is pending justice would best be met if both the suits i.e. Title Suit No. 50 of 1984 and Title Suit No. 39 of ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... statement resisted the claim of the plaintiffs in respect of the settlement of the disputed property and the possession of the plaintiffs. They claim that the pattas are forged and fraudulent document. 4. The defendant No. 4 also contested the suit on the ground that the property was..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......fendants' further case that defendant No. 2 Mrs. Momtaj Haq was inducted in the partnership business of M/S. Chandana Corporation in place Md. Altaf Hossain from April, 1994 is not supported by any document. Similarly the case of the defendants that defendant No. 3 is an employee of the firm..Category: Property Law | Date: | Hits: 23
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