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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. ......fect in the domestic enquiry rather it was held in strict compliance writ the provisions of WASA Employees Service Rules, 1990. (ii) That the High Court Division committed an error of law in interfering with the finding of the domestic enquiry committee fixing the liability of the ..Category: Employment/Service Law | Date: | Hits: 73
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. ......TCB did not consider at all the relevant papers and documents upon which the Enquiry Officer relied and such an opinion of the TCB authority, in the view of the High Court Division, is not a "lawful opinion" and as such the action taken against the plaintiff cannot be treated as a &quo..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. ...... was transmitted from Dhaka to Rangpur Bench and again to Dhaka Bench and no notice was given to the appellant informing such transmission of the record of the case and in the meanwhile his engaged lawyer Mr. Abdul Mannan Khan died in October 1990 without filing any vokalatnama in the case. The l..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. ...... marked as Civil Revision No. 8110 of 1991 calling in question the propriety of the decision of the appellate court. After hearing the parties a learned Single Judge of the High Court Division took law in not allowing the defendants to adduce additional evidence and made the following order: ..Category: Procedural Law | Date: | Hits: 63
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. ......der dated 20.4.1999 passed by the High Court Division in Criminal Revision No. 128 of 1996). Judgment Mohammad Gholam Rabbani J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Haz..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. ......s. 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 sentence as aforesaid merely on surmise ..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. ......nd the said decision having been affirmed by the High Court Division in Civil Order No. 2840 of 1993 passed by the High Court Division on 27-6-1993 and as such defendant respondent was barred under law to agitate the same question by filing a second application for rejection of plaint under Orde..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. ......rder passed in the Misc. Appeal. Leave was also granted to consider whether the order passed by the appellate court amounts to condonation of delay and the learned Single Judge fell in an error of law in reversing the judgment and order of the lower appellate court on the ground of delay. ..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. ......5.1990 allowed the appeal and send the suit back on remand to the trial court for disposal after framing issues giving opportunity to amend the plaint and for exhibiting documents according to law. 6. After the suit was send back on remand the same was renumbered as Title Suit No. 280..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.......6 of the Transfer of Property Act upon the defendant and acted illegally having entertained the S.C.C suit and that whether learned S.C.C Judge also decreed the suit in violation of the principles of law laid down in the case of Abdus Sattar and others vs. Suresh Chandra Das and others, 32 DLR (AD) ..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. ......p; 14. From the above, we find that the employee shall submit his grievance in writing by registered post within 15 days of the occurrence of the cause of such grievance. So, in the law itself the expressions "from the date of order" or "from the date of knowledge&q..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. ......at me relevant time which could enable respondent No. 2 to maintain an action under the IRO the learned Judges were justified in folding that the termination in question was illegal or bad in law. Thirdly, upon acceptance of termination from service respondent No. 2 having received the..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. ......der, directed that 'award' be prepared in the name of the appellant in respect of the plots in question and that if any body was aggrieved by the order might seek redress in the competent court of law within the statutory period of 6 weeks from the date of the order. All concerned were to be inf..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." ......ective parties on such wrong impression which has led to wrong decision and failure of justice. Leave was also granted to consider the submission that the High Court Division committed an error of law in holding that the suit of the plaintiff appellant was barred by limitation for not filing in ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....The respondents claimed that the Ministry did not take any steps for necessary amendment of the Recruitment Rules. They further claimed that without giving effect to the pay scale and without amending Recruitment Rules, direct recruitment to the post of kanungo would be unlawful and this at......anungos and formation of a committee to scrutinize and examine the applications received in response to the advertisement, should not be declared to have been made and constituted without lawful authority and is of no legal effect and further why the respondents should not be direc..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. ......nstant case. It further held that appellant Bazlur Rahman had no right at all of the disputed land and the sale was made to defeat the right of these respondents who were fighting in the courts of law over the disputed land and as such, the purchase by appellant Bushra Complex Ltd. was barred by..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. ...... Amendment Act, 1958 as amended by section 3 of the Criminal Law (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978), because M/S. Master Industries Ltd. is a body corporate constituted under a law, namely, the Companies Act and the accused petitioner is a Managing Director thereof and furthe..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....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. ......the recorded owner, vide Exhibit-A and the said deed being earlier than the deed of the plaintiff-respondent's predecessor and the said deed Ext. A having not been challenged in any court of law High Court Division acted illegally in making the rule absolute. 2. He..Category: Property Law | Date: | Hits: 29
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. ...... property seriously erred as there is no basis for making the said finding. The High Court Division further held that the Court of Settlement in the facts and circumstance of the case acted without lawful authority in dismissing the case No. 526 of 1987 filed seeking release of the property and th..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....lam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311 has fully concurred with the views of the Privy Council and the Supreme Court of Pakistan." 13. There is one limitation in amending a plaint which is well recognized, that is, the nature and character of a suit cannot be c......ave was granted to consider whether the High Court Division rightly interfered with the order of the Subordinate Judge allowing amendment of the plaint upon applying the correct principles of law as to amendment of pleadings as provided under Order VI rule 17 of the Code of Civil Procedure,..Category: Property Law | Date: | Hits: 56
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