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Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... the trial Court and the first appellate Court. 9. Appearing on behalf of the appellants Mr. Moinul Hossain, learned Counsel, has submitted that the High Court Division fell into an error of law in relying upon an extraneous document, namely, the revisional settlement map for coming ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. .......1991 passed by the trial Court showing plaintiff's hajira in the suit although the same was in fact a hajira filed by the defendant and not by the plaintiff and thereby committed an error of law in passing the impugned judgment; (ii) that the Court's order of transferring the suit from one..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ndent fails. 11. In the result, the appeal be allowed, the judgment and decree of the High Court Division be set aside and the case be sent back to that court for fresh disposal in accordance with law and in the light of the observations made here in above. There will be no order as to costs. The..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......ribunal also upheld the order of the Administrative Tribunal on the same ground. 4. Leave was granted to consider. The submission of the Government appellant that both the Tribunals below erred in law in not considering that there was typing mistake in as much as in place of the Rules of 1985, Ru..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....t the cases cited by Dr. Hossain have little to support his contention in view of the fact that a radical change has been brought in this country since 1964 in the field of Co-operative movement by amending the Co-operative Societies Act, 1940 and the same scheme is now being maintained under th...... Court Division under Article 102 of the Constitution. Accordingly upon making the Rule Nisi absolute on merit the learned Judges declared the dismissal of respondent No. 1 from service void and unlawful. 5. Leave was granted to consider as to whether the High Court Division has fallen in..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......for a period of 5 months, cannot be deemed to be 'continued ill health". 5. Leave was granted to consider the appellant's submissions (1) that the High Court Division erred in law in importing a new idea and a criteria of curability and period of illness for determination of..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......6-6-72. The writ petitioner thereafter made several representations to the various relevant authorities of the Government clearly stating that she was a Bangladesh Nationality by operation of law and was at present holding Canadian Nationality and that her property is not liable to be decla..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......owledge and he has land which added with the land under pre-emption would not exceed 100 big has. 3. Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not be..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......r dated 15.6.77 made the Rule Nisi absolute declaring that the impugned notification of the respondents taking over the Cinema Hall in question as abandoned property has been made without any lawful authority and of no legal effect. The respondents were directed to make over vacant pos..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......led for restoration of these two appeals on substantiate the same ground. They alleged that after transfer of the appeals from Rajshahi to Nowgaon they have been prosecuting the appeals by engaging lawyers but their lawyers did not take necessary steps which led to dismissal of the appeals and t..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... Therefore it cannot be said that Sheikh Bagu was in any way bound by the transaction by the kabala in question. The learned Judges of the High Court Division have therefore misdirected themselves in law in holding that Sheikh Bagu must have notice of the sale of the disputed land to Abdul Barek and..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 making the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......hat they were not involved with the alleged occurrence of murder but they were falsely implicated that the victim died in their house as a result of free fight with people at the house of father-in-law of the deceased whereby informant and others were wounded. 5. Mr. Md. Khrarshid Alam Kh..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......l cost of Tk. 2700/- to the Government; while the said Md. Hanif and his wife and sons were in peaceful possession of the said house, Bangladesh was liberated on December 16, 1971 followed by some law and order situation and in the abnormal circumstances, then prevailing, Md. Hanif and his wife ..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... "We now find that no remedy is available to the appellant, though a gross injustice has been done to him for no fault or fetches of his own. A valuable right accrued to the appellant in law and fact should not be lost. In that view of the matter we thought it to be a most appropriate..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....nding cases the new procedural law will apply because as a general rule alterations in the form of procedure are retrospective in character unless there is some contrary provision in the repealing or amending enactment……………..(7) Cases Referred to- Lawyers Involved: Md. Asaduzzaman......difying or waiving the requirement to pay certain percentum of tax as a condition precedent to filing of an appeal is merely a matter of procedure. The effect of repeal or amendment in the procedural law will be that in the pending cases the new procedural law will apply because as a general rule al..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......onal District Judge having rightly reversed the decree of the trial Court upon fresh consideration of the evidence on record the learned Judge of the High Court Division did not commit any error of law in passing the impugned decree. 11. It appears from the plain, of the Title Suit No. 16..Category: Property Law | Date: | Hits: 35
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. ......er Appellate Court in the revisional jurisdiction. The High Court Division was only concerned with the question as to whether the lower court in giving that finding committed any error of law resulting in an error in the decision occasioning failure of justice, and the last submis..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.......e simply unauthorized for want of approval by the Chief Manager of the Bhawal Court of Wards Estate and those are fictitious and therefore the plaintiffs possession in part of the suit plots is not lawful and the plaintiffs being trespassers cannot get a decree for permanent injunction and the f..Category: Property Law | Date: | Hits: 42
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