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Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....as not saved the Second Statutes. 9. After the repeal of the Ordinance of 1961 no identical re-enactment on the subject of the said Second Statutes has yet been made. Thus upon an absolutely erroneous assumption Dr. Rahman sought to press upon us that in spite of repeal of the Dhaka Univer......reof shall be furnished to the teacher or officer concerned. (2) The terms of the contract shall be determined without prejudice to the right of the employee concerned to hold political views and to associate with any lawful organization outside the University, provided the employe..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. ...... Ministry of Land, the following facts are furnished from our records: (a) An area of 0.85 acre of land out of 1.15 acres of the plot mentioned was requisitioned vide L.A. Case No. 91/57-58 with a view to acquire the land permanently for re-habilitation of the distressed people . But the Acquisit..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....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. ......d 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 within Kishorgonj District. He filed a review application in the concerned Ministry. But while his review petition had been under the p..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment 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) 297.......er, a learned Single Judge of the High Court Division upon making the Rule absolute set aside the decree of the lower appellate court and restored that of the trial court holding, inter alia, that in view of the provision of Section 16 of the Land Acquisition Act, 1894, the suit land having not been..Category: Tenancy Law | Date: | Hits: 124
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. ......warded by the trial Court is maintainable and there is no evidence to show that awarding or calculating of such interest is against any agreement or against any interest on record. In that view of the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......of interest but not to do away with interest pendent lite altogether while decreeing a mortgage suit. 18. In the case of Nilmoni Sardar Vs. Baidyanath Das Manna, AIR 1957 (Cal) 140 the same view was followed, namely, that the Court is bound to decree pendente lite interest, it being left ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... 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.......hether the learned judge of the High Court Division properly construed the definition of the word 'Non-agricultural Land' provided in section 2(4) of the Non-Agricultural Tenancy Act, 1949 keeping in view the fact that the S.A. Khatian, produced before the High Court Division was prepared long after..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... 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.......sion in Criminal Misc. (Contempt) Case No. 3861 of 1997). Judgment Md. Tafazzul Islam J. - This appeal by leave arises out of the judgment dated 25.3.1999 passed by the High Court Division in review application which arose out of the judgment dated 8.3.1999 passed in Criminal Misc. (Contempt..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....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. ......from-the office of Mutawalli of the waqf estate was filed upon the self same allegations as were made in Other Class Suit No. 45 of 1985. 3. A Division Bench of the High Court Division took the view that there was a provision for appeal against the order of the Administrator of Waqfs before th..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....he plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at all consider the appellant's contention that the learned Subordinate Judge erroneously held that Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's Bazar ...... the issues involved in the suit could be conveniently dealt, decided and determined by a higher forum i.e. the Subordinate Judge without any 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..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....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. ......Court further noticed that M. A Sobhan, the officer who was directly in charge of the godown, was at first found guilty of misappropriation and was accordingly punished, but the departmental review board exonerated him ignoring the said officer's admission that he forged the signature of the..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ...... binding upon it. The learned Additional Attorney General has also contended that the compromise is collusive and that by a compromise between the parties the Court's decree cannot be set aside. In view of the broad fact that the compromise in question in this case is not binding upon the Govern..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....tely the High Court Division found that the charge of misappropriation against the plaintiff could not be proved and that the trial Court had lost sight of this aspect of the case and arrived at an erroneous decision. Having further found that the plaintiff has been able to prove his case the su......e came to the finding that there was no dacoity as alleged and accordingly lodged an F.I.R. against the plaintiff alleging an offence under section 409 of the Penal Code. The plaintiff with a view to misdirecting the course of justice filed an application to the C.I.D. for taking up th..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....e present appellant that his Advocate did not know about the hearing of the Rule is not correct. 5. Leave was granted to consider whether the learned Judge of the High Court Division upon an erroneous assumption of the material facts wrongly held that since the appellant's learned Advocat...... on 12.5.92. The learned Single Judge of the High Court Division by the impugned Judgment and Order dated 6.8.92 summarily rejected the said application for rehearing of the Rule upon taking a view that on the prayer of Mr. Abdul Mannan Advocate the matter was fixed for hearing on 19.11.91 a..Category: Property Law | Date: | Hits: 30
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. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....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. ......grieved by the said order the respondents took a revision No. 2889 of 1995, and as already noticed, became successful. The learned Judge of the High Court Division allowed the application upon the view that "at least two suit plots in the above two suits are the same and in two courts proce..Category: Property Law | Date: | Hits: 27
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....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. ......Learned Advocate for the respondent no. 2 admitted that the impugned judgment and order of the High Court Division was not proper and legal as being passed without notice to Hezera Khatun. In view of the admission of the learned advocate for the respondent no. 2 and the legal position ..Category: Criminal Law | Date: | Hits: 42
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. ......ection 338 of the Code of Criminal Procedure have not been legally complied with and the High Court Division failed to consider the evidence of the approver without any independent corroboration in view of the provisions of section 114(b) of the Evidence Act and as such the conviction and the se..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....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. ......decree obtained by the respondent in his earlier Title Suit No. 516 of 1979 which was for Specific Performance of Contract to obtain Kabla from the predecessor of the present appellant and in such view of the matter appeal is liable to be dismissed. 13. We have heard the learned counsels ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....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. ......s allowed on 22.9.1997 and the suit was restored by setting aside the ex-parte decree. 4. The plaintiff then filed an application under Order 47, Rule 1 of the Code of Civil Procedure for review of the order passed by the appellate court on 22.9.1997. This application was registered as Mi..Category: Civil Law | Date: | Hits: 72