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Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....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. ......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 common case of b......993 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 respondent is still in service of the appellant and that he is entitled to h..Category: Employment/Service Law | Date: | Hits: 69
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. ......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. ......tween the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits of Bangladesh establis..Category: Property Law | Date: | Hits: 27
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. ......ur Alam) being an accused of 23 cases made judicial confession in all the 23 cases in one sitting when the trial of the case was in progress and as such the said confessional statement in the absence of corroboration rightly not have been made basis of conviction the appellants. He further ...... 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)
....in exercise of revisional jurisdiction ought to have considered the attending facts and circumstances of the case but without doing so set aside the judgment of the trial court which is a total misdirection under a misconception of facts and law and for which judgment of he High Co......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. ......cation for rejection of plaint under Order 7 Rule 11 of the Code on the selfsame subject matter and although the High Court Division noticed the said facts acted in access of its jurisdiction in making the Rule absolute and as such the impugned judgment of the High Court Divis..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....in the above Misc. Appeal was not maintainable. After taking us through the order of the High Court Division passed in the above Civil Revision he has submitted that the High Court Division to totally silent on this point though this point was agitated before the High Court Division. Lastly,......d signature and a date was fixed for depositing expert fee. But the defendant did not deposit the fee on that date. So the suit was fixed for peremptory hearing on 15.5.93 but on that date, in the absence of both the parties, the suit was dismissed for default. The plaintiff them filed an applic......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)
....he following terms:- "Mr. M. A. Wahbab Miah, learned Advocate for the petitioner submits that the impugned judgment is wholly, unsustainable in that the same is based upon a total non-consideration, not only of the findings and reasons of the courts below not to speak o...... 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. ......he findings and reasons of the courts below not to speak of reversing them, and also of the oral and documentary evidence on record. He submits that the High Court Division exceeded its jurisdiction in setting aside the concurrent findings of fact without lawfully reversing them an..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......he trial court had illegally shifted the burden of proof of service of notice (Ext. 6) upon the defendant which resulted in an error in his decision in the suit in as much as, according him, in the absence of legal service of notice under section 106 T.P. Act the very suit for ejectment was not en......r hand, in support of the judgment and order of the High Court Division submitted that service of proper notice under section 106 of the Transfer of Property Act terminating the tenancy confers jurisdiction upon the S.C.C. Court to entertain the suit for ejectment of tenant from the suit premi..Category: Tenancy Law | Date: | Hits: 154
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....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. ......d of limitation. 2. Being aggrieved, the petitioner filed civil petition for 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. ......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
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....(3) appear to have been the basis for the claim of the appellant. Annexure-A dated 28 November 1979 has in its schedule of sale 3.53 acres comprised within 37 plots including the disputed ones. The total price has been shown as Tk. 6000/- towards which Tk. 3000/- is stated to have been paid in th...... 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. ......not be considered a notice under clause (aa) of section 7 of the Act. Such a notice could not entitle the appellant to file the arbitration case. The arbitration proceeding was, therefore, without jurisdiction. In these circumstances we uphold the decision of the High Court Division altho..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....by the gazette notification dated 10.7.1997 the post of kanungo was upgradaed to second class post and as such the recruitment of any kanungo under the previous scale of 3rd class post will be totally illegal. He has given emphasis on the point that after the upgradation of the post to seco......tition appeared by filing affidavit-in-opposition. Their case is that 106 post of kanungo fell vacant and the Government was sustaining loss due to difficulties in collection of land revenue in the absence of required number of kanungos and as such the Government took steps for filling up th...... 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. ..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....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. ......pears that the High Court Division held that the cancellation of the lease in favour of Abul Hashem Khan was illegal in that no notice was given for cancellation as stipulated in the lease. In the absence of such notice the cancellation was illegal as being against natural justice. The relevant ......re was no legal bar in doing so as there was no case pending at the relevant time, could not be said of lease to have given rise to a new cause of action for moving the High Court Division in writ jurisdiction. It was further submitted that lease agreement dated 20.3.67 in favour of Abul Hashem ..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. ......bmissions that the accused petitioner being the Managing Director of a Private Limited Company in which the Government has no share is not a public servant and as such the Special Judge has no jurisdiction to try the alleged offences. Therefore the proceedings ought to be quashed. The High ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......5 of 1987 seeking release of the property of the holding in question. The Court of Settlement dismissed both the cases. 5. Thereupon the Respondent No. 1 moved the High Court Division in writ jurisdiction questioning legality of the judgment and order of the Court of Settlement. The High Cou..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....leaded as parties in the suit and thereupon a prayer was made for a separate saham of the share of the plaintiff. Accordingly a prayer was added for partition of the suit plot No. 243 measuring in total .49 decimals and for a preliminary decree for .11 decimals being the share of the plaintiff a......5.9.1985, the learned Subordinate Judge passed an order of status quo with notice to the defendants to show cause. The order of status quo was, however, vacated on 18.2.1987; it is alleged, in the absence of the plaintiff. The plaintiff filed another application for temporary injunction but dur......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
.... mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/-. Upon Ghalib Hossains's failure to execute and register the......held that the Court of Settlement did not come to any definite finding as to whether the original owner left the country when President's Order 16 of 1972 came into force and as to whether the absence from Bangladesh is prejudicial to the interest of the country. The High Court Divisio......etent civil court. The High Court Division held that the Court of Settlement failed to decide the real issue i.e. whether the premises in question was an Abandoned Property or not and exceeded its jurisdiction in holding that the civil court decree obtained by the respondent was fraudulent and w..Category: Property Law | Date: | Hits: 37
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ...... and hence the Complaint case is quite maintainable, that on perusal of the evidence of P.W.1 and D. W. 1 the Labour Court was of the opinion that witnesses for the prosecution were examined in the absence of the first party and those first party was not given any chance to defend him during the ......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....nts including the documents of title and all other connected papers were submitted and being satisfied the Ministry of Works by letter dated 13.9.97 asked the aforesaid heirs to deposit a total sum of Tk. 77,876.00, the arrear premium which had fallen due against the above premises; on......llant bank had been able to prove the circumstances under which they could not file the affidavit-in-opposition during hearing of the writ petition and as it appears the High Court Division in the absence of the copy of deed of conveyance dated 19.8.1965 made the Rule absolute mainly on the grou......names in respect of the disputed premises. The respondent were required to establish their title to the disputed premises before praying for a direction for mutation of their names and the writ jurisdiction was not the proper forms for deciding the question of title. Mutation could not be or..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......s and taxes leviable on the basis of the enhanced tariff value introduced by the notification dated March 10, 1990. But nothing was done and then the importer moved the High Court Division in writ jurisdiction alleging that authorities' action illegal and arbitrary. 24. It was contended ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......it would ought way the hardship to other side in case of condonation, the prayer from the side of the Government for condonation of delay has been considered with somewhat leniency, but not in the absence of reasonable or close to satisfactory explanation for the delay caused". In the case......alid grounds and for the ends of justice the case is required be restored for hearing on merit. The further submission that under section 14A of the (Emergency) Requisition of Property Act, 1948, the jurisdiction of the civil Court being barred under the law, the suit was not maintainable. Therefore..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....titioner on bail, although the course resorted to was in no way appreciable rather the writ petition so filed was a queer resort or in other words to have the desired result through a resort which is totally different from the practice and the course prescribed by the procedure of the Court. The res......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246........e. not being enlarge on bail during the pendency of the criminal appeal filed by her against the judgment and order of the Court of Special Judge, her tadbirker moved the High Court Division in writ jurisdiction seeking reliefs, including bail till final disposal of the Criminal Appeal No. 3990 of ..Category: Criminal Law | Date: | Hits: 51
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