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Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....revisional jurisdiction under such circumstances. 8. The plaintiff respondent appeared in person and submitted a written submission. She also made a lengthy submission on facts not all of it was relevant, in support of her case asserting, inter of his own accord had married her and subsequent......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,1995 passed by the High Court Division in Civil Revision No. 1471 of 1994). ......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on 31.12.86 got an ex parte decree in Title Suit N......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......, Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....he plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. The relevant facts are that the plaintiff appellants got a contested decree of permanent injunction on 3......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.......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................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)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail...........................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. ......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. ...... 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)
....on of all the beels to him for the said lease period and thereby he faced great loss. In the circumstances, he prayed for lease of the said fisheries for another 3 years from 1404-1406 B.S. But the relevant authority allowed his prayer only with respect to Beki beel and Feni beel situated wi......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. ......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and others...........Appellants Vs. Jahangir Alam and others..............Respond......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)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ......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
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....ten statement he stated that 4 sons of Nogendra had made the oral gift. 6. The lower Appellant Court on appeal affirmed the decree of the trial court holding, inter alia, that the suit land at the relevant time was not a non-agricultural land and as such the contention of the defendant that the s...... 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....... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd...... 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...Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka during the relevant period. 3. The respondent No. 1 filed the above Criminal Misc (Contempt) Case No. 386 of......Text in Bangla” influenced the executing Court to pass an order of stay but the appellant No. 1 explained this situation stating that his lawyer drafted the affidavit-in-opposition on the basis of papers procured from the office which contained only the Memo dated 21.4.97 and not the Memo dated 2...... 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
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....ercise of jurisdiction or assumption of jurisdiction should be borne in mind as in the former the decree is a nullity but in latter case it is not and the error could be remedied in appeal. What is relevant in the instant case is whether the learned Subordinate Judge could have jurisdiction to gra...... 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. ......Civil) Present: Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. Lawyers Involved: M. G. ...... 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
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....of this appeal are stated first below. Respondent Md. Matiar Rahman is an engineer. He joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevant time he was holding the post of executive engineer on promotion in charge of Zone 6 w......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. ......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman............................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. ..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
.... Court Division observed. It was also found by the High Court Division that while differing from the findings of the Enquiry Officer on charge No. 4 the Chairman of TCB did not consider at all the relevant papers and documents upon which the Enquiry Officer relied and such an opinion of the TCB ......81 to 8-11-81. The plaintiff submitted written explanation against the charges on 22-4-82. An Enquiry Officer was appointed for the purpose. He examined 20 witnesses and several documents and papers. By his report dated 9-6-82 the Enquiry Officer found the plaintiff not guilty of all the se......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah...... 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
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. ......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. ......Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respo...... 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)
.... under whom they or any of them claim litigating under the same title, and (3) the court has jurisdiction to grant the relief claimed. 5. Evidently in passing the impugned judgment the relevant considerations went by default and therefore it cannot be sustained as a good as proper ju......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. ...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv......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
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. ......ek, the learned Counsel for the appellants and Mr. Abdur Razzaque Khan, the learned Additional Attorney General for the State and perused the judgment of the High Court Division and other connected papers. 7. The learned Counsel for the appellants in both the appeals submitted that the Hig...... (M. Faisal H. Khan, A.A.G. with him) instructed by B. Hossain, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 63 & 64 of 2003 (From the Judgment and Order dated 17.12.2002 passed by the High Court Division in Death Reference No. 5 of 2000 hear...... 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)
.... 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. ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003.......nt and decree dated 15.5.1990 allowed the appeal and send the suit back on remand to the trial court for disposal after framing issues giving opportunity to amend the plaint and for exhibiting documents according to law. 6. After the suit was send back on remand the same was renumbere..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....violation of the decision, in Abdus Sattar and others vs. Suresh Chandra Das and others reported in 32 DLR (AD) 170, by the trial court does not arise inasmuch as the principles decided there are not relevant for the present purpose. The appeal is, therefore, allowed with costs. The impugned judg......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.......tiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-......the tenancy in question had stood terminated on the expiry of chaitra, 1391 B.S. upon due service of notice under section 106 T. P. Act. Moreover in view of the evidence of P. Ws. 1 and 2 and the documents like postal receipts Ext. 5 and 5A there was legal presumption of due service of notice in..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....ment" also includes requirement by a member of the family of the landlord. In the instant case the appellant wanted the shop rooms for the purpose of doing business through his son who was at the relevant time a member of his family. Merely because a tenant owns shop rooms other than those let o......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. ......slam, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No. 105 of 1999. (Form the Judgment and Order dated 3rd November, 1999 passed by the High Court Division in Civil Revision No. 377 of 19......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)
....f Labour (Standing Order) Act, 1985. 6. The petitioner was terminated from service on the ground of misconduct as provided under section 17(3) (d) of the above Act. We have perused the relevant provisions of the Employment of Labour (Standing Orders) Act, 1965. The relevant portion ......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. ...... Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and others……...Respondents Judgment August 26, 2003. Lawye......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)
....19 of the Act. Secondly, upon the finding of the learned Judges of the High Court Division themselves that the IRO Case was incompetent inasmuch as no industrial dispute had been in existence at me relevant time which could enable respondent No. 2 to maintain an action under the IRO the learned J...... law. Thirdly, upon acceptance of termination from service respondent No. 2 having received the entire termination benefit by surrendering to the relevant authority his identity card and other papers namely Ext. Cha, Ja, and Jha, the learned Judges of the High Court Division were justified i......bsp; Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respo......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
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