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Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... Prosad Singh Chowdhury vs. Surajmul Jalal, AIR 1927(PC) 1:- "Really this matter is determined beyond question by O. 34 of the Code of Civil Procedure. This may, for this particular case of mortgages, differ from the general provision of S. 34 of the Code, but if ......on on appeal held that the instant suit was not a suit for foreclosure or redemption of mortgage. It was not a case of award of interest on mortgage money. Hence it was not compulsory to award payment of interest on the decretal amount. The award of interest on the decretal amount pendente l......t No. 1 (respondent No. 1 herein) is a company carrying on the business of export and buying and selling of jute. Defendant Nos. 2-9 are its Managing Director and Directors who guaranteed the loan unsanctioned by the appellant Bank. Defendant No. 1 was given accommodation by the plaintiff B..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ifying with the appellants, prepared the affidavit in opposition on the basis of the documents which he received from the office which contained only the Memo dated 21.4.97 without the forwarding part communicating to the court, i.e. Memo dated 22.4.97, and that the appellants beg unconditional ...... 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....... 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
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......ere are provisions in the said Act itself mitigating the rigour of the said provision. It is only when a provision for appeal in a statute is attended with an inviolable and non-relxable condition of payment of fine or extra duty in full that it can be said that the petitioner has no equally efficac......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....visional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at all consider the appellant's...... 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. ...... 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. ..Category: Procedural Law | Date: | Hits: 38
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....ngle Judge of the High Court Division (Sylhet Sessions) by a common order dated 29 October, 1987 in Civil Revisions Nos. 2, 5, 6 and 14 of 1984. The appellant's simple contention is that it was not party to the compromise and that no rule having been issued against it, the order accepting th......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....W. 20. 13. As per provisions of section 133 and illustration (b) of section 114 of the Evidence Act the evidence of an accomplice is unworthy of credit, unless he is corroborated in material particulars because an accomplice who betrays his associates is not a fair witness. 14. In t...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 45
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... contending, inter alia, that the suit land originally belonged to Nepal Chandra Poddar and others, who settled the same in favour of Manindra Nath Datta, and Atul Datta @ Arjun Datta in the first part of Baishak, 1344 B.S. Manindra and Atul @ Arjun used to possess the said land on the basis of ...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 37
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
.... son who was at the relevant time a member of his family. Merely because a tenant owns shop rooms other than those let out a suit for eviction cannot be defected on that ground alone. The choice of a particular shop room or premises where a landlord has more than one premises is not with the ten......it shops bonafide and also service of notice under section 106 of Transfer of property Act. 4. The learned S.S.C. Judge, on contest, decreed the suit on consideration of Ext. G-9, Challan, showing payment of rent by the respondent on the findings that the respondent defaulted in payment of rent 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
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ind any necessity of adding anything in his grievance petition dated 6.12.94. It is obvious that the petitioner was aware of the order of termination or removal and such it was possible on his part to submit a grievance petition from jail. So, according to us, neither the High Court Divisio......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
.... Advocate instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Korban Ali, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record - For the Respondent No. 2. Ex-parte - For the Respondent No. 1. Civil Appeal No. 59 of 1997. (From the Judgment a......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... necessary to be heard and disposed of. These notices appear to have been served upon 27 out of 31 persons concerned till 26.2.1980 when the Additional Land Acquisition Officer heard the matter ex parte. He observed: 'It is found that Umed Ali and Yousuf are recorded purchasers o......t Umed Ali and Yousuf are recorded purchasers of C.S. Plot No. 1266,1345 and 1362 of mouza Faidabad as in the C.S. Parcha No. 182 but heirs of the C.S. recorded tenants and others have received payment of advance compensation money in suppression of the facts that these plots were already pu...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....he material evidence of unimpeachable nature developed a wholly unsustainable impression 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 ......rm of insurance policy. The suit was also barred under Article 8 of the insurance policy. The public power supply failed on 29.11.88 due to cyclone and as such the defendant was not responsible for payment under DOS policy. The plaintiff willfully kept the standby generator out of operation on d......ntiff is a private limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power Development Board (P.D.B). The plaintiff runs the Business by taking loan from Janata Bank. The stock of shrimps of the plaintiff is kept in the refrigeration room and ..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....of the property. The respondent Nos. 1-7 were aware of such constructions which were carried on to their knowledge and in their very presence, for more than a year. 6. Upon hearing the parties the High Court Division made the Rule absolute and gave direction as stated above. 7......ment dated 20.3.67 between the Government and Abul Hashem Khan reads as follows: "In the event of the tenant committing breach of any of covenant of this indenture other than payment of rent, taxes, etc. and there being no specific provisions in respect of it in this coven......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
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... the performance of any public duty. in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or sharer capital is held by or vested in the Government. 11....... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ..Category: Criminal Law | Date: | Hits: 40
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
.... recitals in the deed and the failure of the plaintiff to prove payment of consideration money was not considered by the High Court Division and the further submission that the plaintiffs not being parties to the disputed deed and no case for pre-emption having been filed by them, they had ......he High Court Division acted illegally in reversing the judgment and decree of the court of appeal below without considering the recitals in the deed and the failure of the plaintiff to prove payment of consideration money was not considered by the High Court Division and the further submis......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)
.... 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 General that this Division in rejec......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. ......d in 1965 leaving behind wife Bahar Ara (Respondent No.4) and 2 minor sons - Zakir Hossain Rezvi, and Iftekhar Rezvi. The mother of the minors was appointed their guardian. On mortgaging the property loan was obtained from the House Building Finance Corporation and the heirs of S.K. Rezvi construc..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....er alia, stated in the plaint that the schedule property originally belonged to Md. Azimuddin, father of the plaintiff who had acquired .33 decimals of land from 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 ......of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed share in the suit plot, the decree woul......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
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....kah Registrar of Goalarchar Union on temporary basis. The High Court Division after hearing made the Rule absolute. 3. The learned counsel appearing for the appellant submits that the first part of section 4 of the Act provides for appoint and also granting license to the Nakah Regis......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
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
.... Labour Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labou......he said person. It was also submitted that in view of the judgment of the criminal court which was passed upon evidence collecting in presence of the accused the order of the Labour Court directing payment of full wages cannot be justified. 9. It is seen from the materials on record ......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)
....ration of Tk. 25, 00,000/- The standard Bank got delivery of possession and had been possessing the property to the knowledge of the public in general and the writ petitioners-respondents in particular. The premises after transfer has been duly mutated in the name of its original owner th......d and so the affidavit-in-opposition was not filed and the Bank did not follow the case any longer. On receipt of a notice from Mr. Kabir, learned Advocate of the writ petitions on 01-08-96 for payment of all arrear rents etc. the Bank upon enquiry came to know all about the matter. ......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. ..Category: Property Law | Date: | Hits: 35
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