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Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....ment 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 suit is hi...... 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)
....tender of apology, should be exercised very sparingly only when the Court finds that the contemner, due to circumstances beyond his control, was deprived of the opportunity to tender apology at the time of hearing of the case or pronouncement of judgment. 5. Mr. Amir-ul-Islam, the learned couns...... 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)
.... has no equally efficacious remedy. The Customs Act relaxes this condition by various provisos. The petitioner can still prefer an appeal to the Board of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ petition may be a good cause for entertaining ......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
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....ppeal 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 with effe......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)
....1. There is also no allegation in the plaint that the procedure provided in the Government Servants (Discipline and Appeal) Rules, 1976 which was being followed by the appellant TCB at the material time in the absence of its own Service Rules, was breached or violated in any manner. It is a commo......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....n upon an erroneous assumption of the material facts wrongly held that since the appellant's learned Advocate Mr. Abdul Mannan after taking adjournment of hearing of the Rule, on several times ultimately failed to appear on the date of hearing of the Rule, he had knowledge of the dispo...... 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. ..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....e.' 7. It appears that the lower appellate court which was the final court of fact had considered the nature of the documents which were produced by the defendants for the first time before it. The said court, in its discretion reasonably exercised, rejected the prayer for adm......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. ..Category: Procedural Law | Date: | Hits: 63
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... statement though he named co-accused Nasir Khan as an assailant of the victim but ultimately Nasir Khan was discharged from the case on the prayer of the prosecution on the ground that at the time of commission of murder accused Nasir Khan was in Jail custody in connection with another case...... 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
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
.... 2. 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.......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. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....for the plaintiffs has argued that the defendants were although aware of the restoration of the original suit and the application under order 9, Rule 13 of the Code of Civil Procedure was barred by time. The learned Advocate has given emphasis on two facts, first, the order of restoration was sh......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. ..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....2, the date of kabla seemed to have been written as 25.2.1964, which is clerical mistake. The learned Advocate submits that without calling for the volume of registered kabala of, the relevant time from the registrar and verifying the same the observation and finding of the learned court re...... 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)
....o 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 out a suit......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)
....leave to appeal and leave was granted mainly to consider whether there could be any termination if the absence is only for 10 days and to consider whether the grievance petition was barred by time. 3. Mr. Khondker Mahbuddin Ahmed, the learned counsel who appeared on behalf of the ap......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)
.... 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 Judges wer......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)
....the appellant by virtue of registered kabala Nos. 22712, 22689, 22635 dated 31 October 1978 had purchased disputed lands and on the basis of such purchase he had prayed for compensation. But a long time ago the compensation money for the lands had got distributed. 4. On 21 June 1979 the a...... 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)
....r repair. The generator was ultimately restored in the factory in 5.12.88. During 4.12.88 to 5.12.88 there was irregular supply of power by the P.D.B to the plaintiff's plant for short time and the power supply was finally restored by the P.D.B on 6.12.88 at 6. P.M. After failure of ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....urther, case of the respondents is that though the post of Kanungo was upgraded to the second class gazetted post, the Ministry of Finance did not give effect to the proposed pay scale. In the meantime, the Ministry of land invited applications for appointing 106 Kanungos instead of implementing...... post of kanungo as second class gazetted post and ultimately gazette notification was made on 10.7.1997 upgrading the post of kanungo to the second class gazetted post with the proposed pay scale at Tk. 2300-4480. 4. Further, case of the respondents is that though the post of Kanu..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
..... Abul Hashem Khan paid the entire consideration but possession of the disputed plot was not given to him as the land was in physical possession of appellant Bazlur Rahman at the relevant time. The appellant Bazlur Rahman then filed Title Suit No. 169 of 1967 challenging allotment ......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)
....g of the case in spite of an earlier order that the cases filed against the Managing Director and the said case shall be heard together and the further submission that the F.I.R. contains the time when it was lodged with the Motijheel PS. on 17. 09. 1994 which has been overlooked by the Hig...... 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
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....appellant, the High Court Division erred in law in not holding that the suit for declaration of title is not maintainable and that Ext. A registered kabala dated 25.1932 is earlier in point of time as against the kabala of the plaintiff dated 11.7.1935 from the admitted owner Kamini Bal......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. ..Category: Property Law | Date: | Hits: 29
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