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Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... of the plaintiffs. 4. On consideration of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utter discrepancy of evidence regarding the time, place and manner of execution of the disputed kabala and also the facts that the defendants r...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....apers to show that Md. Ziaul Islam was not actually in possession of the case property. The question that Md. Ziaul Islam was not in possession of the case property having been raised for the first time before this Court, there is no scope of considering this question at this stage by this C...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
.... order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in 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......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
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. ......ave or overstaying sanctioned leave without sufficient cause, the Syndicate may, after considering the report of the Enquiry Committee without reference to the Tribunal, terminate the appointment of a teacher/officer who on being asked in writing fails resume his duties in the Univ..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....in. But there was no appearance from their side. After a number of adjournments the learned Assistant Judge on 2 May 1987 examined the plaintiff and deferred the order till 2 July 1987. In the meantime on 16 June 1987 Begum Shamima Naz Siddique (the respondent) wife of the aforesaid Nurul Islam ...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....g settlement appears to be not genuine, that the plaintiffs have admitted claim of the defendants about purchase of .10 acre of land from Prabhat Chandra Shil, that the defendants although at the time of trial claimed that they took settlement of .61 acre of land by the‘আমলদারী......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. ..Category: Property Law | Date: | Hits: 45
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 ......rs respondent Nos. 3 and 4 brought a suit, being other Class Suit No. 45 of 1985, in the Court of Assistant Judge, Thakurgaon, for removal of the appellant from the office. They also prayed for their appointment as joint Mutawalli in his place. During the pendency of the suit respondent Nos. 3 and..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......service vide memo. No. 2026 issued on the same date on 5.11.90 was illegal and without jurisdiction. 9. Trial Court also noticed that the plaintiff submitted an application objecting to the appointment of Abdul Baki Chowdhury as one of the members of the enquiry committee on the grounds ..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