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Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....he High Court Division in Civil Revision No. 405 of 1988 Dhaka/Civil Revision No. 242 of 1988 (Rangpur) refusing to rehear the case which was disposed of on 12.5.92 ex parte making the Rule absolute and setting aside thereby the judgment and order dated 13.4.88 passed by the learned Subordi...... 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. ......aid 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 court rejected the said application holding, inter alia, that the Arpannama does not co......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....y the plaintiff, following leave, is directed against an order of remand dated 28 August 1994 made by a single Bench of the High Court Division in Civil Revision No. 8110 of 1991 making the Rule absolute after setting aside the concurrent judgment and decree of the Courts below in Other Class Su......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. ......ners of the disputed land by way of inheritance and have been in possession of the same. Zelaton's name was not recorded in the S.A. Khatian as she used to live with her husband. 4. The trial court decreed the suit upon findings that the plaintiff was able to prove his title and......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..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
.... single Judge of the High Court Division by the impugned judgment and order dated 21 November, 1995. 2. Material facts of the case, briefly, are that on 24.7.94 appellant No. 1, Askar Ali as sole plaintiff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dha......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. ......cation under section 10 of the Code of Civil Procedure filed by the defendant respondents in Title Suit no. 131 of 1994 of the Court of Senior Assistant Judge, Keranigonj which was rejected by the trial Court but allowed in revision by a single Judge of the High Court Division by the impugned ju...... 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..Category: Property Law | Date: | Hits: 27
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....he said criminal revision shall be heard afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case......ury CJ Mainur Reza Chowdury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. ..Category: Criminal Law | Date: | Hits: 42
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....of the High Court Division in Criminal Appeal Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respec...... in order to get rid of Sonadanga Police Station Case No. 26 dated 26.02.1995 lodged by one Taslimuddin @ Babul for the murder of one Muslim and also to file a counter case, victim Joynal Khan was called in, in front of Free Primary School situated in Ghat No. 5, Khulan and Ershad Ali Sikde......ivision Bench of the High Court Division in Criminal Appeal Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death pa...... (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..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....1993). Judgment Syed JR Mudassir Husain J.- This is a plaintiff's appeal by leave and it arises out of an order passed on 2.2.1995 in Civil Revision No. 3152 of 1995 making the Rule absolute upon setting aside the judgment and order 7.7.1993 passed by the Assistant Judge, Chandpur r......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. ...... Leave was granted to consider that the learned single Judge of the High Court Division erred in not considering that the suit barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. ...... Present: Mainur Reza Chowdhury J KM Hasan J Syed JR Mudassir Husain J Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....it No. 93 of 1987 of the Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of t......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......3. The defendants then filed an application under Order 9, Rule 13 of the Code of Civil Procedure, which was registered as Misc. Case No. 20 of 1996 with a prayer for condonation of delay. But the trial Court disallowed the case on 20.10.1996. Then the defendants preferred an appeal, which is Mi...... ADC (2005) 143. ..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by the single Bench of the High Court Division in Civil Revision No. 765 of 1994 making the Rule absolute and setting aside the judgment and decree dated 22.4.1993 passed by the learned Subordinate ...... 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. ......peal No. 42 of 1987 which was eventually heard by the learned Subordinate Judge, Bagerhat, who by his judgment 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 e...... (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...Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....fendant is a habitual defaulter and he had caused serious damages to the suit premises by making illegal changes in the structures without her consent, that the suit premises is required for her personal use and occupation to prove her sons therein, that she had served notice under section 106 of ......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.......down in the case of Abdus Sattar and others vs. Suresh Chandra Das and others, 32 DLR (AD) 170. 6. Mr. Nawab Ali, learned Advocate-on-Record appearing in support of the appeal submitted that the trial Court on consideration of the evidence on record decreed the suit holding, inter alia, that th......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-..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....t for the month of January 1996 was paid on 24.3.1996 and thus the respondent was a defaulter. It was further sated that the appellant required the suit shop for the purpose of business of his eldest son who was unemployed. The petitioner in order to determine the tenancy and for vacating the shop......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. ......Small Causes Courts Act and obtained a Rule. The learned Single Judge of the High Court Division by a judgment dated 3.11.1998 made the Rule absolute, on contest, sending the suit on remand for fresh trial. 6. Leave was granted to consider whether the High Court Division was wrong in remanding ......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..Category: Tenancy Law | Date: | Hits: 172
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....he money taken on 10.5.89. Thereafter on 11.5.89 a letter of reinstatement was issued allowing him to join in service on condition that he would not get any salary for a period of 13 months 4 days so long he had been out of service. In pursuance thereof he joined in service. Subsequently he......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. ...... salary in respect of the period contained in the said letter dated 11.5.89. Having failed to get any relief in the matter he instituted I.R.O. Case No. 43 of 1989 under section 34 of the Industrial Relations Ordinance, 1969, briefly I.R.O, claiming arrear of salary for the aforesaid period......bsp; Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respo..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....nd enjoyment of the lands, they were not given any compensation as the officials of the Deptt. rejected their claim and the papers on which the claim was made. Subsequently the owners of the lands sold the same to the appellant who had entered into previous agreements for sale. As the kabalas we......Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1330, 1345, 1362 and 1366 (measuring 6.97 acres). Notice under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of th...... 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. ...... Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - Fo..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
.... 4. Defendant-respondent No. 1 in the written statements denied the material assertions of the plaint and asserted, inter alia, that the suit was beyond the term 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 ......ned a number of over writings erasures, interpolations etc. Which has been admitted by P.W. 1 himself on cross examination. Exhibit ‘Ta' produced by the local power development board officer called for by the court at the instance of the defendant, snowed that the time of power failure was......enerator, the claim was not entertainable. The plaintiff appellant's suit filed on 2.10.89 was not maintainable as it was not filed within 6(six) months from the date of repudiation. 5. The trial court after hearing the case decreed the suit in full. It held that the public power supply f...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ..Category: Civil Law | Date: | Hits: 138
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... Mainur Reza Chowdhury J.- These appeals are directed against the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 making the Rule absolute and directing the respondent No. 8 herein the Government of Bangladesh to deliver possession......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. ...... 1968 of against the said judgment and decree which was allowed by judgment and decree dated 30.3.1974 passed by Subordinate Judge, 1st Court, Dhaka sending back on remand the title suit for fresh trial, When the suit was pending in the trial court, the Government assured the appellant Bazlur Ra......san J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Re..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....sion No. 90 of 1987 heard analogously with Criminal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against th...... 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. ......rned Magistrate after taking cognizance in all the proceedings except the proceeding in Criminal Petition No. 233 of 1995, sent the three proceedings as aforesaid to the Special Judge concerned for trial. 3. Leave was granted to consider the submissions that the accused petitioner bei...... No. 1 (In Criminal Appeal Nos. 3-5 of 1996). Not represented - Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996 (From the Judgment and Order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision N..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....he parties and Prododh having purchased the suit plot from Kamini Bala, the recorded owner, vide Exhibit-A and the said deed being earlier than the deed of the plaintiff-respondent's predecessor and the said deed Ext. A having not been challenged in any court of law High Court Division ......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. ......ecorded in the B.S. Khatian and he has the right, title and possession of the same and the plaintiff has no title and possession and filed the suit to harass the defendant-appellant. 5. The trial Court decreed the suit and the appellate Court reversed the same. The plaintiff was successf......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court o......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. ......t Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchange and the same was not a transaction of out and out sale. 4. The trial court on consideration of the materials on record decreed the suit. Being aggrieved the defe...... This Case is also Reported in: II ADC (2005) 52. ..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... leave and is directed against the judgment and order dated 13th November, 1989 passed by a Division Bench of the High Court Division in revision, Civil Revision No. 560 of 1989, making the Rule absolute and setting aside order dated 14.5.1989 passed by the Subordinate Judge, 3rd Court, Dhaka al......ith any kindness. While allowing or rejecting an amendment of a pleading and for that matter while exercising any discretion under the law, the Court must give its reasons so that when the order is called in question, the higher Court may be in a position to see that there has been application of......hy;session of the share of the widow and her children. The amendment was opposed by the defendant on the ground that it would change the character of the suit as also the cause of action. The trial Court upheld the objection but the High Court set aside the same on revision. A judgment of t...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....ve, is at the instance of the plaintiff calling in question the judgment and order dated 08.12.1998 of a Single Bench of the High Court Division in Civil Revision No. 1029 of 1998 making the Rule absolute upon setting aside the judgment and decree of the court of appeal below and remanding the a......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. ......ag Ali are possessing the suit plot. The plaintiff has no right, title or possession in the suit land. 7. The plaintiff examined 8 witnesses and the defendants examined 6 witnesses. The trial court by his judgment dated 22.11.199 decreed the suit. Defendants filed title appeal. ...... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....nt No. 2 on 21.8.1984 and he received the said order of dismissal on 30.8.1984, that Respondent No. 2 sent grievance petition as against the order of dismissal by registered post on 11.9.1984 and also by special messenger, that the appellant did not reply to his grievance petition nor heard him. ......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. ......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. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol..Category: Labour and Industrial Law | Date: | Hits: 79
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