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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. ......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. ......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. ..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....eports of departmental enquiries which the punishing authority has the jurisdiction of his own. This Court has held in the case of Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198, "there are good authorities for the proposition that the appointing authorities can always take differen......wn then it will be presumed that he had not misappropriated the milk food in question and that he would be entitled to the reliefs as prayed for. Then the trial Court discussed the evidence on record and came to the conclusion that the plaintiff failed to prove that there was any dacoity. Th......sed by a Division Bench of the High Court Division in F.A. No. 279 of 1993 decreeing the plaintiff-respondent's Title Suit No. 408 of 1990 declaring that the order of removal of the respondent from service of the TCB by order dated 26-1-83 is illegal, void and without jurisdiction, that the resp..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... 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. .......6.88 and thereafter engaged Mr. Abdul Mannan Khan Advocate at Rangpur Bench. But in pursuance of the judgment of the Appeallate Division on the 8th Amendment of the Constitution of Bangladesh the record of the said Rule was transferred to Dhaka bench. It was heard and disposed of ex parte by a ...... 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)
....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. ......of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-interest of the defendant Nos. 1-8 who had no interest therein managed to get his name recorded in the relevant S.A. Khatians and this wrong recording had cast a cloud over his titl......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)
.... court has jurisdiction to grant the relief claimed. 5. Evidently in passing the impugned judgment the relevant considerations went by default and therefore it cannot be sustained as a good as proper judgment. It may be observed in the facts of the present case that altho......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. ......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. ..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. ......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. ......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. ..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. ...... Court Division and other connected papers. 7. The learned Counsel for the appellants in both the appeals submitted that the High Court Division misread and misconstrued the evidence on record and thereby committed an error of law in upholding the judgment and order of conviction and ...... 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)
....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. ......llant and in such view of the matter appeal is liable to be dismissed. 13. We have heard the learned counsels of both sides and considered their submissions on the basis of the materials on record. Having regard to the submissions made and in view of the materials on record, we are of the......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)
....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. ......rved upon the defendants after restoration of the suit on the basis of the order passed in Misc. cases filed under order 9, Rule 4 of the Code of Civil Procedure. It is true that it is no the record that the order of restoration was shown to the learned Advocate for the defendants but this ......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)
.... 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. ......h Datta sold the suit land to the plaintiff by a registered kabala dated 1.3.1983, who mutated his name vide miscellaneous Case No. 29 of 1983. The defendant appellant taking the plea of wrong recording of the suit land in the S.A. Khatian obtained mutation order in his name vide Miscel...... 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
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....he trial Court on consideration of both oral and documentary evidence decreed the suit holding, inter alia, that the suit premises had been let out for manufacturing purposes (manufacturing hosiery goods) and the defendant had caused damages to the building by bringing unauthorised changes in the ......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 the defendant was monthly tenant under the appella......dismissed the suit. 5. Leave was granted to consider as to whether the learned Judge of the High Court Division wrongly held that the learned S.C.C Judge had illegally shifted the onus of proof of service of notice under Section 106 of the Transfer of Property Act upon the defendant and acted ill..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....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. ......e same and the learned S.C.C. Judge erred in not considering this aspect. 9. The finding of a bonafide requirement is essentially a finding of fact to be arrived at on consideration of evidence on record. The expression "bonafide requirement" also includes requirement by a member of the family ......991 he went to pay the rent, the appellant refused to accept the rents which was deposited by him on 24.3.1991. The respondent also denied that the appellant required the suit shops bonafide and also service of notice under section 106 of Transfer of property Act. 4. The learned S.S.C. Judge, on ..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....leave and he Came to Biman Office on 19th October, 1994 only to Create trouble along with some other employees of Bangladesh Biman and all of them created trouble in the office and damaged valuable goods. So, the security personnel of Biman apprehended the petitioner and then handed him over to t......"from the date of knowledge" are not used. It is provided that the grievance petition is to be submitted within 15 days of the occurrence of the cause of such grievance. Now it is on record that the petitioner submitted the petition from jail on 12.10.94. The petitioner tried ...... a Division Bench of the High Court Division in Writ Petition No. 2330 of 1995 discharging the Rule. The appellant was a Senior Assistant Traffic Assistant of Bangladesh Biman Corporation. His service was terminated on 19.10.94 and in the morning of that date he was arrested by the police o..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....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. ......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. ......n Complaint Case No. 19 of 1993 under section 25 of the Employment of Labour (Standing Orders) Act, 1965, briefly 'the Act' allowing the case and directing re-instatement of respondent No. 2 in the service of appellant No. 1 2. Relevant facts, in brief, are: - respondent No. 2 Md. Ismail ..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... 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. ......ed upon 27 out of 31 persons concerned till 26.2.1980 when the Additional Land Acquisition Officer heard the matter ex parte. He observed: 'It is found that Umed Ali and Yousuf are recorded purchasers of C.S. Plot No. 1266,1345 and 1362 of mouza Faidabad as in the C.S. Parcha No...... his favour he did not make any claim for compensation earlier. 5. Upon the said applications the Additional Land Acquisition Officer started Misc. Case No. 4 of 1979. He signed notices for service upon the persons who had already received provisional compensation and in whose presence th..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....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." ......indings of the trial court without adverting to the reasons assigned by the trial court for its findings and without taking into consideration important pieces of unimpeachable evidence brought on record, namely the oral evidence of P.W 3 the Executive Engineer, the certificate of the Executive ......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)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......3rd class post will be totally illegal. He has given emphasis on the point that after the upgradation of the post to second class post, any recruitment to that post may be made only through public service Commission and recruitment if made directly will be totally legal. However, Mr. Bhuiya..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....nsation for the buildings structures etc. as may be determined by the by Superintending Engineer, Housing and Settlement Works (Housing and Planning) Department. The tenant however may remove any goods or things no being part of any building or structures on the demised property within a for......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. ......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)
.... 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. ...... 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. ...... after amendment by section 2 of Ordinance No. X of 1982. Twelfth clause of the said section 21 (after the said amendment) is as follows:- "21.................. in the service or pay of the Government or remunerated by the Government by fees or commission for the ..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....rt of appeal below which is the final Court. of fact has not reversed the finding of fact arrived at by the trial Court and the High Court Division has accordingly made the rule absolute assigning good reason for the same. 10. We have perused the relevant documents of the parties and ......ot;Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the original owner Kamini, Probodh and six others and suit dag No. 7066 having been recorded in the name of Kamini and Probodh Chandra Ghose, father of the petitioner Sukada 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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