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Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......ding that since no application of delay was filed, the trial court was not justified in allowing the case and setting aside the ex parte decree. 15. From our above discussions, we are of the view that the findings of the trial court are based on the materials on record that there was no se..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......elow also did not take into consideration the broad fact that the salami receipts produced by the plaintiffs are private documents and these require strict proof for being admitted in evidence. In view of the discussion above, we are of the view that the courts below committed error of law occasi..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......s necessary. Secondly, whether the learned Judges of the High Court Division erred in not holding that respondent No. 2 was legally discharged from service under the Act for physical incapacity in view of the admitted position that he had been absent from service for 211 days out of 365 days in ..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....igh Court Division was deleted by this Court while dismissing the leave petition. The order was made upon a wrong assumption that the plaint did not contain any prayer for the said relief. Such an erroneous assumption of material fact amounts to an error apparent on the face of the record callin......rder dated 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leave peti..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......suit. Thereafter the plaintiff moved this Division and leave was granted on the following terms: - "Khondaker Mahbubuddin Ahmed learned Counsel for the plaintiff petitioners submits that in view of the oral evidence of P.W.2 Nawabjada Khawja Abdul Ghani, Mutwalli of the Dhaka Nawab Waqf E..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... case. On appeal, being No. 52 of 1994 the Administrative Appellate Tribunal, Dhaka, set aside the order of the tribunal and reinstated respondent No. 1 with back pay and other benefits taking the view that the 'competent authority' as mentioned in regulation 28(11) of the Service Regulatio..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....he High Court Division were also wrong in directing defendant No. 1 to implead Lala Gour Sankar Roy or his heirs, as the case may be and the plaintiff-Government as defendants in that suit upon an erroneous view that the property in suit was a vested property which was not the case of the plaint......ed Judges of the High Court Division fell into an error of law in not holding that the property in suit belonged to Sarna Kumari who executed the agreement for sale with defendant No. 1 and in that view of the legal position the learned Judges of the High Court Division seriously fell in an error..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ted that the learned Judges of the High Court Division in exercise of their power under Article 102 of the Constitution fell in error of law in setting aside the order of the Court of Settlement in view of it's clear finding that the property legally vested in the Government as an abandoned prop..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408....... passed by the Chairman of the Pouroshava vide Ext. 5 series which have been proved by the P.Ws. 1, 2 and 3 and this documentary evidence has been over looked by the High Court Division and in that view Dr. Rafiqur Rahman, the learned Counsel for the respondent tenant finds it difficult to deny th..Category: Tenancy Law | Date: | Hits: 175
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......ragraphs 14-16 and prayer No. (ii) of the plaint would stand abated under article 2 of President's Order No. 90 of 1972, but that the rest of the suit would survive. The learned Judge took the view that" the Government's application under Article 4(2) of President's Order No. 69 of 1972..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ication on 30.6.96 under section 148/149 read with Section 151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being a special law Section 5 of the Limitation Act hav...... 30.6.96 under section 148/149 read with Section 151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being a special law Section 5 of the Limitation Act having not be..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......own to the appellant nor to the High Court Division. It is also not denied by the respondent that the passport of the appellant was also earlier impounded as stated above and the same was returned in view of the decision of the High Court Division made in another writ petition and on filing contempt..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......pellant. A.B.M. Khairul Huq, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondents. Civil Appeal No. 52 of 1996 (This Appeal arises out of the Review Petition No. 24 of 1995 against the Judgment and order dated 6-4-95 passed by this Division in..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... (respondent No. 1) accepted the offer, and the donor had delivered possession of the land. Therefore, the respondent No. 1 became the co-sharer, otherwise than by purchase. Therefore, in view of section 24(11) (a) of the Act, 1949 the pre-emption is not available; in fact the pre-..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ...... a suit for cancellation of the judgment and decree of the courts below in O.S. No. 9 of 1975 on the basis of which the register deed was executed in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case i..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....t and decree of the courts below is based " on misreading and non reading and non consideration of the evidence of (sic) record" and thus the appellate court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now s...... witness. 8. The High Court Division reversed the finding arrived at by the Courts below as regard the soleh decree obtained by the defendant No. 1 in Title Suit No. 616 of 1969 on the view that the soleh decree passed by a Court should not be lightly brushed aside and that the soleh..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......e well guaranteed if they are given better education and allowed them to put in a good well managed residential model school in Dhaka at the cost of the father and also the submission that in view of the fact that the elder son is above 10 years, the father is entitled to get custody of tha..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ta and so the trial court committed error in rejecting the petition under Order 7 Rule 11 of the Code of Civil Procedure and the High Court Division also committed error in affirming the aforesaid erroneous order. 7. Referring to Section 6 of the Act the learned Advocate submits that from......ring the parties rejected the application filed under Section 6 of the Act whereupon the respondent Nos. 1 to 3 moved the Additional Deputy Commissioner (Revenue) who directed the Board for reviewing the matter and the Board upon accepting the contention of the appellants rejected the ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......decision of the appellate Court has been upheld by a learned Single Judge of the High Court Division on 18 November 1982 in Second Appeal No. 213 of 1976; both these Courts took the concurrent view that plaintiffs' suit is not maintainable as five of them were not parties to the partition s..Category: Property Law | Date: | Hits: 40
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